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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 07-15-00113-CV
Regular Panel Decision
Nov 18, 2016

Mohammed Fawwaz Shoukfeh, M.D., P.A., D/B/A Texas Cardiac Center v. James G. Grattan and Texas Workforce Commission

Dr. Grattan filed a wage claim against Mohammed Fawwaz Shoukfeh, M.D., P.A., d/b/a Texas Cardiac Center (TCC) under the Texas Payday Act, alleging miscalculation of his pro rata share of overhead expenses. The dispute arose because TCC included Dr. Qaddour's salary in overhead but excluded him from the pro rata division among physicians for expense calculation. After various appeals, the Texas Workforce Commission ultimately awarded Dr. Grattan $125,988.81 in unpaid wages. TCC then sought a trial de novo, where the 99th District Court granted summary judgment in favor of Dr. Grattan and the TWC. The Seventh District Court of Appeals affirmed the trial court's judgment, concluding there was substantial evidence that Dr. Grattan's employment agreement did not permit TCC to deduct more than a pro rata share based on all physicians employed.

Wage claimTexas Payday ActEmployment agreementOverhead expensesPro rata shareSummary judgmentAppellate reviewSubstantial evidenceContract interpretationPhysician compensation
References
23
Case No. MISSING
Regular Panel Decision

Claim of Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
Case No. MISSING
Regular Panel Decision
Apr 25, 1979

Woodward v. Black Clawson/Dilts Div.

The Workers' Compensation Board found the claimant's cardiac disability and surgery were causally related to an accidental injury on January 12, 1972, based on the testimony of Dr. A. Black. The court affirmed this decision, finding substantial evidence in the record to support the board's determination. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

cardiac disabilitycardiac surgeryaccidental injurycausal relationshipmedical testimonyWorkers' Compensation Boardappeal affirmedemployer liabilityinsurance carrier liabilitysubstantial evidence
References
0
Case No. 2017-08-1354
Regular Panel Decision
Jun 25, 2018

Hancock, Jurine v. Federal Express Corp.

Jurine Hancock, a ramp agent for Federal Express Corporation (FedEx), experienced a cardiac event and collapsed at work on December 20, 2016. She sought medical and temporary disability benefits for the cardiac event and secondary injuries sustained during the fall. FedEx denied the claim, citing a lack of medical documentation and a causal relationship to work. The Court found that Ms. Hancock failed to provide medical proof establishing a work-related injury, specifically that the demands of her employment caused her cardiac event. Therefore, her request for medical and temporary disability benefits was denied.

Cardiac EventTemporary Disability BenefitsMedical BenefitsCausationEmployment InjuryExpedited HearingBurden of ProofTennessee LawRamp AgentFedEx
References
2
Case No. MISSING
Regular Panel Decision

Claim of Millar v. Town of Newburgh

An employer and its insurance carrier appealed a Workmen’s Compensation Board decision that awarded death benefits to a claimant, alleging the decedent suffered a compensable acute myocardial infarction due to emotional strain. The board found the decedent's stress, caused by the employer dividing his supervisory duties and hiring a new, higher-paid employee, led to his cardiac event and subsequent death. The appellate court acknowledged medical proof of causal relationship and precedents linking business pressures to compensable cardiac events. However, it reversed the decision, ruling that emotional upset stemming from an employer's legitimate business decisions, even if medically linked to a cardiac event, does not constitute a compensable industrial accident, dismissing the claim.

Workmen's CompensationMyocardial InfarctionEmotional StrainCausal RelationshipCompensable AccidentEmployment DecisionsAppellate ReviewDeath BenefitsEmployer LiabilityIndustrial Accident Scope
References
7
Case No. 531672
Regular Panel Decision
Mar 04, 2021

Matter of Maldonado v. Doria, Inc.

Claimant Cesar Maldonado sustained a left ankle injury at work, which subsequently led to a causally-related pulmonary embolism (PE) and deep vein thrombosis (DVT). Following further proceedings, a Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board amended the claim to include major depression, posttraumatic stress disorder, and cardiac arrest. The employer and its carrier appealed the inclusion of cardiac arrest, arguing a narrow definition. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial medical evidence, including testimony from pulmonologists Nathan Rothman and Ali Eray Guy, supported the causal relationship between the cardiac arrest and the initial injury, rejecting the carrier's definitional arguments.

Ankle InjuryPulmonary EmbolismDeep Vein ThrombosisCardiac ArrestCausationMedical EvidenceAppellate ReviewExpert TestimonySyncopal EpisodesOccupational Injury
References
8
Case No. ADJ1961643
Regular
Sep 22, 2009

STEPHEN PERRYMAN vs. CITY OF SALINAS, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCity of SalinasJT2 Integrated ResourcesADJ1961643SAL 0116326Untimely FilingAward ServiceCardiac Disability
References
6
Case No. MISSING
Regular Panel Decision

Claim of Ayers v. Tioga County Sheriff's Department

The Workers’ Compensation Board ruled that the death of a claimant’s decedent, the Sheriff of Tioga County, arose out of his employment due to cardiac arrhythmia caused by job-related stress, and awarded death benefits. The Appellate Division affirmed this decision, finding substantial evidence to support the Board's conclusion. Medical experts testified that the decedent's stress from lawsuits and political controversy contributed to his cardiac arrhythmia, despite a history of hypertension and arteriosclerosis.

Workers' CompensationDeath BenefitsCardiac ArrhythmiaJob StressCausal RelationMedical TestimonySubstantial EvidenceAppellate ReviewTioga CountySheriff
References
2
Case No. MISSING
Regular Panel Decision

Claim of Walsh v. Carolina Freight Carriers Corp.

The Workers' Compensation Board affirmed a decision that the claimant's decedent sustained an accidental injury and causally related death due to strenuous work precipitating a cardiac event. The self-insured employer appealed this decision. The court affirmed the Board's findings, stating that the record supported the decedent's accidental injury and death. It noted medical testimony supporting the causal link between work activities and the cardiac event, dismissing conflicting expert views as a credibility issue for the Board to resolve.

cardiac eventcoronary atherosclerosisstrenuous worktruck driveraccidental injurydeath benefitscausal relationshipmedical testimonycredibility issueWorkers' Compensation Board
References
2
Case No. ADJ4142754 (AHM 0142785) ADJ6726440
Regular
Sep 05, 2013

Joshua Hubbard vs. United Parcel Service, Liberty Mutual Insurance

This case concerns Joshua Hubbard's workers' compensation claims for a cardiac arrest and alleged cumulative trauma. The Workers' Compensation Appeals Board denied reconsideration of the decision to deny Hubbard's claims. The WCJ's report, adopted by the Board, found no medical evidence supported either a cumulative trauma injury or that the specific cardiac arrest arose out of employment. The medical opinions cited by the applicant were found insufficient to establish causation, lacking definitive information regarding work hours and applicable medical theories.

WCABPetition for ReconsiderationDeniedCardiac ArrestCourse of EmploymentArising Out Of EmploymentCumulative TraumaSpecific InjuryMedical EvidenceDr. Dimmick
References
0
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