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Case Law Database

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

Case No. 2019-07-0191
Regular Panel Decision
Mar 26, 2020

Gillum, Mary v. Dollar General Corp.

The Court held an Expedited Hearing regarding Mary Gillum's request for medical and temporary disability benefits for an alleged cervical injury sustained while working for Dollar General Corp. Dollar General contended the injury did not arise primarily out of employment and moved for dismissal, which the Court denied. The Court found sufficient proof that Ms. Gillum is likely to prevail at trial regarding an acute cervical strain, though not for her underlying chronic cervical spondylosis. Consequently, the Court ordered Dollar General to provide a panel of physiatrists for nonoperative treatment for her acute cervical strain and to pay temporary disability benefits from the date of injury through April 20, 2018.

Workers' CompensationCervical InjuryAcute StrainTemporary Disability BenefitsMedical BenefitsCausationExpedited HearingSpondylosisDegenerative ChangesPanel of Physicians
References
2
Case No. 2017-08-0407
Regular Panel Decision
Oct 10, 2018

Person, Michael v. Guardian Industries Corp.

Michael Person, an employee of Guardian Industries, sought additional medical benefits for a neck injury sustained while lifting a pump. He received care from neurosurgeon Dr. John Brophy, who initially attributed over 51% of his ongoing symptoms to pre-existing cervical spondylosis, making the claim non-work-related. After clarification requests, Dr. Brophy later stated the work injury 'more likely than not' caused an aggravation of the pre-existing condition. However, further deposition clarified that the pre-existing spondylosis accounted for over 51% of his ongoing symptoms. The Court, comparing this to prior cases like Vercek and Willis, found Mr. Person failed to prove he was likely to prevail, as Dr. Brophy related the current need for treatment more to the pre-existing condition than the work injury aggravation. Consequently, the Court denied the requested additional medical benefits.

Workers' CompensationExpedited HearingMedical BenefitsPre-existing ConditionCausationCervical SpondylosisRadiculopathyAggravationBurden of ProofNeurosurgeon Opinion
References
4
Case No. MISSING
Regular Panel Decision

Clemente v. Schweiker

The plaintiff initiated an action under 42 U.S.C. § 405 to appeal a final decision by the defendant, which had denied his application for a period of disability and disability insurance benefits. An Administrative Law Judge (ALJ) previously concluded in May 1982 that the 62-year-old plaintiff, a longshoreman suffering from chronic bronchitis, emphysema, arthritis, and other severe conditions, was not disabled, deeming his impairments mild and resulting from the aging process. The District Judge found that the ALJ had misapplied 20 C.F.R. § 404.1521 by focusing on the plaintiff's ability to perform 'most jobs' rather than assessing whether his impairments significantly limited his ability to perform 'basic work activities,' such as lifting. Medical reports from treating physician Dr. Harold Coppersmith and consulting neurologist Dr. Stephen Gilbert consistently indicated the plaintiff's inability to perform heavy work and, in Dr. Gilbert's opinion, rendered him totally disabled due to conditions like cervical spondylosis, labyrinthine disturbance, and cervical radiculitis. Consequently, the case was remanded for further proceedings within 120 days, instructing the ALJ to properly consider the plaintiff's residual functional capacity, age, education, and past work experience as required by law.

Disability Insurance BenefitsSocial Security ActAdministrative Law JudgeSevere ImpairmentBasic Work ActivitiesResidual Functional CapacityLongshoremanCervical SpondylosisLabyrinthine DisturbanceVocational Factors
References
1
Case No. 2016-02-0282
Regular Panel Decision
Dec 15, 2017

Moffitt, David v. Allied Metals Company

David Moffitt, a welder, filed a workers' compensation claim for lumbar and cervical injuries sustained on March 26, 2015. While the parties stipulated a compensable lumbar injury, the central dispute revolved around the causation of the cervical injury. The Court, presided over by Judge Brian K. Addington, ultimately ruled that Mr. Moffitt failed to prove the work-related causation of his cervical injury, citing a lack of early complaints and the more persuasive opinions of Drs. Duncan and Brasfield over Dr. Lorio. Consequently, Moffitt was awarded permanent partial disability and temporary total disability benefits solely for his lumbar injury, with attorney fees and costs also assessed, while benefits for the cervical injury were denied. The Court also made alternative findings for appellate review regarding the cervical injury.

Workers' CompensationLumbar InjuryCervical InjuryCausation DisputePermanent Partial DisabilityTemporary Total DisabilityMedical Opinion ConflictAuthorized Treating PhysicianSpinal StenosisDisc Herniation
References
3
Case No. ADJ8121071
Regular
Aug 19, 2016

BINH NGUYEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, affirming the award of temporary total disability benefits. However, the Board amended the decision regarding permanent disability apportionment. The Board found Dr. Halbridge's opinion of 20% non-industrial apportionment for pre-existing cervical spondylosis to be substantial evidence. Consequently, the applicant's permanent disability was reduced to 13%, reflecting this apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardTemporary Total DisabilityPermanent DisabilityApportionmentQualified Medical Evaluator (PQME)Dr. Neil J. Halbridgeorthopedic surgerycumulative trauma
References
2
Case No. 2025-10-5344
Regular Panel Decision
Feb 26, 2026

Pinkham, Timothy W. v. Davis Enterprises of Tennessee, LLC

Mr. Pinkham requested benefits which Davis Enterprises denied due to a lack of medical causation. Mr. Pinkham alleged a neck and shoulder injury while climbing into his truck on August 9, 2025. However, the panel-selected orthopedist, Dr. Rickey Hutcheson, determined that Mr. Pinkham’s significant cervical spondylosis was not work-related and diagnosed a degenerative labral tear. Dr. Hutcheson opined that the claimed mechanism of injury was not 50% or more the cause of his need for treatment for his right shoulder. Based on Dr. Hutcheson's presumed correct causation opinion, which Mr. Pinkham failed to rebut, the Court denied the request for benefits for a second opinion or appointment of a neutral physician.

Workers' CompensationMedical CausationExpedited HearingDegenerative ConditionCervical SpondylosisLabral TearPresumption of CorrectnessNeutral PhysicianSecond OpinionRight Shoulder Injury
References
1
Case No. MISSING
Regular Panel Decision

Knight v. Astrue

Plaintiff Llewelyn M. Knight applied for disability insurance benefits (DIB), which were denied by the Commissioner of Social Security. Plaintiff sought judicial review, alleging disability due to herniated and bulging discs and cervical spondylosis. The Administrative Law Judge (ALJ) initially denied the claim, finding Plaintiff not disabled and able to perform sedentary work. This court reviewed the ALJ's decision, addressing Plaintiff's arguments regarding impairment listings, residual functional capacity, the need for a vocational expert, credibility, and an independent medical examiner's opinion. Ultimately, the court found substantial evidence supporting the Commissioner's decision, granted the Commissioner's motion for judgment on the pleadings, and denied Plaintiff's motion, dismissing the case.

Disability BenefitsSocial Security ActSedentary WorkResidual Functional CapacityAdministrative Law JudgeMedical-Vocational GuidelinesCredibility AssessmentSpinal DisordersNerve Root CompressionMotor Loss
References
41
Case No. 2017-01-0401
Regular Panel Decision
May 29, 2018

Owens, Sheila v. Sitters, Etc.

The employee, Sheila Owens, sustained shoulder and back injuries and alleged aggravation of a pre-existing cervical condition while performing her job duties for Sitters, Etc. The employer accepted the shoulder and back injuries as compensable but denied the cervical condition aggravation. The trial court initially determined the employee presented sufficient proof for her cervical condition to establish she would likely prevail and ordered medical benefits. However, the Workers’ Compensation Appeals Board reversed the trial court’s determination, concluding that the expert medical proof did not sufficiently establish that the work incident primarily caused the aggravation of her pre-existing cervical condition as required by Tennessee law. The case was remanded.

Cervical Spine InjuryPre-existing ConditionAggravation of InjuryCausationMedical BenefitsReversed and RemandedMedical Expert TestimonyIndependent Medical Evaluation (IME)Lumbar StrainShoulder Injury
References
10
Case No. ADJ7924562
Regular
Sep 19, 2014

RAUL HERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The applicant sought reconsideration of a WCJ decision that found an industrial injury to the low back but not the cervical spine or left ankle, with no permanent disability or further medical treatment. The applicant argued the QME's reports were insubstantial and that prior permanent disability was not considered. The Appeals Board granted reconsideration to amend the original award to include injury to the cervical spine, affirming the remainder of the decision. Therefore, the applicant sustained injury to his low back and cervical spine.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryCervical Spine InjuryPermanent DisabilityFurther Medical TreatmentPanel Qualified Medical EvaluatorLabor Code Section 4664(b)
References
0
Case No. MISSING
Regular Panel Decision

Claim of Pulos v. Asplundh Tree

Claimant, a tree trimmer, had an existing claim for bilateral carpal tunnel syndrome and later sought to include a cervical spine condition as an occupational disease. A workers' compensation law judge initially disallowed this amendment, but the Workers' Compensation Board reversed, finding the cervical condition was dormant and non-disabling, and that the claimant's work activities aggravated it. The employer appealed this decision. The court affirmed the Board's ruling, concluding there was substantial evidence to support the finding that the claimant's preexisting cervical condition was activated by the distinctive features of his employment.

Occupational DiseaseCervical Spine InjuryCarpal Tunnel SyndromePreexisting ConditionAggravation of InjuryWorkers' Compensation LawJudicial ReviewAppellate DecisionTree TrimmingWork Activities
References
3
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