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Case Law Database

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

Case No. 2015-01-0281
Regular Panel Decision
Mar 19, 2018

Tucker, David E. v. Star Transportation

David Tucker, an employee of Star Transportation, sought to change his treating physician for a shoulder injury sustained on July 1, 2015. He expressed a loss of confidence in Dr. Mejia due to perceived ineffectual treatment, improper impairment assessment methodology, and the physician's refusal to complete a Physician Certification Form. The Court, citing precedents like Scott v. Integrity Staffing Solutions and Baker v. Electrolux, found no legal basis to compel the employer to provide a new panel of physicians. The Court ruled that Mr. Tucker's subjective dissatisfaction and the alleged inadequacies of Dr. Mejia did not warrant a change in treating physician.

Workers' CompensationShoulder InjuryTreating PhysicianMedical TreatmentImpairment RatingAMA GuidesTennessee LawRight to Control Medical TreatmentPhysician Certification FormMMI (Maximum Medical Improvement)
References
3
Case No. 05-17-01457-CV
Regular Panel Decision
Aug 22, 2019

Charles Chang, M.D. v. Ashley Denny

Dr. Charles Chang performed brain surgery on Ashley Denny in 2006, leaving a cotton ball in her brain, which was discovered during a second surgery in 2011. Denny filed a medical liability claim against Dr. Chang in 2013, approximately seven years after the initial surgery and more than two years after discovering the foreign object. The trial court initially dismissed the claims as time-barred but later granted a new trial, where a jury found Dr. Chang negligent and Denny diligent in pursuing her claim. Dr. Chang appealed, challenging the denial of his motion for Judgment Non Obstante Veredicto (JNOV) on Denny's open courts defense. The dissenting opinion argues that Denny failed to exercise due diligence as a matter of law, given the 25-month delay in filing suit after discovery, and that her explanations (difficulty helping her lawyer and finding an expert) are insufficient to overcome the statute of limitations. The dissent concludes that the law should be applied neutrally, preventing recovery against Dr. Chang and suggesting Denny's recourse should be against her attorney.

Medical MalpracticeStatute of LimitationsOpen Courts DoctrineDue DiligenceForeign ObjectSurgical ErrorJury VerdictJudgment Non Obstante VeredictoAppellate ReviewTexas Civil Practice
References
15
Case No. 01-14-00767-CV
Regular Panel Decision

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

This is a health care liability appeal where Shirley Lenoir and Christopher McKnight, individually and as representatives of the Estate of Shana Lenoir and Nayla McKnight, challenge the trial court's decision to grant U.T. Physicians' plea to the jurisdiction and motion to dismiss. The appellants allege that U.T. Physicians' negligence in treating Shana Lenoir’s twin pregnancy, specifically the administration of a medically unnecessary and contraindicated progesterone injection by Nurse Matthews, proximately caused her death. U.T. Physicians claimed sovereign immunity as a governmental unit. Appellants argue that U.T. Physicians is a private non-profit corporation and an independent contractor, not entitled to sovereign immunity, and that a waiver of immunity under the Texas Tort Claims Act was sufficiently pled due to the use of tangible physical property.

Sovereign ImmunityGovernmental UnitIndependent ContractorTexas Tort Claims ActHealth Care LiabilityMedical MalpracticeNegligenceProgesterone InjectionTwin PregnancyWrongful Death
References
16
Case No. W2016-01817-COA-R9-CV
Regular Panel Decision
Aug 29, 2017

Jane Doe v. P.F. Chang's China Bistro, Inc.

Jane Doe, a hospitality manager at P.F. Chang's, was robbed and raped by a co-worker during closing procedures. Jane and John Doe filed a tort action against P.F. Chang's, which moved for summary judgment, arguing the Tennessee Workers’ Compensation Act provided the exclusive remedy. The trial court denied the motion, finding the injuries did not arise out of employment. The Court of Appeals of Tennessee affirmed, concluding that the sexual assault was not a risk inherent to Ms. Doe’s employment, thus the exclusive remedy provision of workers' compensation law did not apply, and the case was remanded for further proceedings.

Workplace AssaultSexual AssaultWorkers' CompensationExclusive Remedy DoctrineSummary JudgmentScope of EmploymentCausal ConnectionRobberyTort LawRestaurant Employee
References
30
Case No. 23-0697
Regular Panel Decision
Jun 28, 2024

State of Texas Office of the Attorney General of the State of Texas Texas Medical Board Texas Health and Human Services Commission And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas v. Lazaro Loe, Individually and as Next Friend of Luna Loe, a Minor Mary Moe and Matthew Moe, Individually and as Next Friends of Maeve Moe, a Minor Nora Noe, Individually and as Next Friend of Nathan Noe, a Minor Sarah Soe and Steven Soe, Individually and as Next Friends of Samantha Soe, a Minor Gina Goe, Individually and as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. And American Association of Physicians for Human

The Supreme Court of Texas reversed and vacated a temporary injunction against Senate Bill 14, which prohibits certain medical treatments for minors related to gender transition. Parents of children with gender dysphoria, along with physicians and LGBTQ+ advocacy groups, had challenged the law as unconstitutional, alleging infringements on parental rights, occupational freedom for physicians, and discrimination based on sex and transgender status. The Court concluded that the plaintiffs failed to establish a probable right to relief, asserting that parental rights are not absolute and the Legislature has constitutional authority to regulate medicine, especially regarding novel treatments for new conditions. The Court also found no unconstitutional discrimination, stating the law treats males and females equally in its prohibitions and that "transgender status" is not a protected class under the Texas Constitution.

Parental RightsMedical RegulationGender DysphoriaConstitutional LawDue Course of LawEqual ProtectionTransgender RightsMinors' Medical TreatmentLegislative AuthorityTexas Supreme Court
References
62
Case No. 2022-08-0077
Regular Panel Decision
Mar 12, 2024

Cervantes, Elisabeth v. Matthew Steven Pruitt

Elisabeth Cervantes sought to change her authorized treating physician after experiencing worsened pain following her release by Dr. Parsioon, the employer-selected doctor. She requested to have Dr. John Dockery, an unauthorized physician, become her new authorized treater, citing his findings that her symptoms were work-related. The Court denied Ms. Cervantes's request, concluding she failed to meet the burden for changing physicians, as Dr. Parsioon had not declined treatment and no new panel was offered. However, the Court affirmed that Ms. Cervantes's medical benefits were not terminated, allowing her to return to Dr. Parsioon for any reasonable and necessary treatment related to her work injury.

Workers' CompensationMedical TreatmentPhysician SelectionExpedited HearingMedical BenefitsAuthorized Treating PhysicianMaximum Medical ImprovementPermanent ImpairmentCausationHip Injury
References
3
Case No. 2015-01-0201
Regular Panel Decision
Nov 05, 2015

Amos, Karen v. Chattanooga Goodwill Industries, Inc.

Karen Amos, an employee, sought to change her authorized treating physician or obtain a second opinion, and claim temporary disability benefits, after sustaining a back injury at Chattanooga Goodwill Industries, Inc. She expressed dissatisfaction with Dr. Madigan's care, who released her without restrictions, but provided no countervailing medical evidence to support her request. Goodwill opposed her requests, arguing she selected a physician from a valid panel and disputing her entitlement to benefits. The Court denied both her requests, finding no statutory authority for changing physicians or obtaining a second opinion under the presented circumstances. Additionally, her claim for temporary total disability benefits was denied due to the absence of medical expert opinion establishing a causal link between her injury and her inability to work.

Workers' CompensationMedical Treatment DisputeTemporary Total DisabilityPhysician ChoiceSecond Medical OpinionExpedited HearingBack InjuryEmployee TerminationTennessee LawStatutory Interpretation
References
9
Case No. E2019-00554-COA-R3-CV
Regular Panel Decision
Sep 25, 2020

Highlands Physicians, Inc. v. Wellmont Health System

This class action lawsuit involved Highlands Physicians, Inc. (HPI) alleging that Wellmont Health System breached an agreement and its fiduciary duties, leading to over $57 million in damages awarded by a jury. The trial court also awarded HPI over $5 million in attorney's fees, which Wellmont appealed. The Court of Appeals found that the trial court erred in not submitting the attorney's fee issue to the jury, thus vacating that award and remanding for a jury determination. However, the appellate court affirmed the trial court's judgment in all other respects, including the jury's findings on breach of contract and intentional interference with business relationships. The court also affirmed the trial court's summary judgment rulings regarding contract interpretation and third-party beneficiaries, as well as the denial of prejudgment interest.

Class ActionBreach of ContractFiduciary DutyIntentional InterferenceContract InterpretationThird-Party BeneficiaryAttorney's FeesDamages AwardSummary Judgment ProcedureExpert Witness Testimony
References
91
Case No. 14-14-00855-CV
Regular Panel Decision
Jul 24, 2014

Adeel Zaidi, A. K. Chagla, Prestige Consulting, Inc., and Apex Katy Physicians – TMG, L.L.C. v. Pankaj K. Shah and Apex Katy Physicians, LLC

This case involves an appeal from a trial court judgment that awarded over $50 million in purported fraud and related damages, including exemplary damages, against the appellants. The appellants challenge the trial court's findings and conclusions as unsupported by legally or factually sufficient evidence. They argue that the gross damage awards are unitemized and include unsupported elements, hindering adequate appellate review. Appellants contend that the trial court's conclusion of perjury by one of the appellants unfairly influenced the case outcome. They seek a reversal of the judgment and a remand for a new trial on all issues of liability and damages, highlighting alleged errors such as the improper default judgment against one appellant and adverse inferences against another due to his absence from trial.

Breach of ContractFraudFiduciary DutyCivil ConspiracyAlter EgoDamagesExemplary DamagesAppellate ProcedureSummary JudgmentCorporate Liability
References
47
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
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