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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. 531582
Regular Panel Decision
May 13, 2021

Matter of Matteliano v. Trinity Health Corp.

Caitlyn Matteliano, a nurse assistant, suffered work-related back, knee, and leg injuries in 2015 and 2018. Her treating orthopedic surgeon, Franco Vigna, requested authorization for multi-level lumbar fusion surgery and an external bone growth stimulator due to persistent pain and degenerative disc disease, despite conservative treatments. The employer denied this request based on an independent medical examination by Anthony Leone, who deemed the surgery aggressive and inappropriate given the lack of instability. A Workers' Compensation Law Judge initially denied the request, but the Workers' Compensation Board approved it. The employer appealed, and the Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence in Vigna's testimony to support the surgery's authorization under medical treatment guidelines for degenerative disc disease where non-surgical management has failed.

Workers' CompensationLumbar Fusion SurgeryMedical Treatment GuidelinesDegenerative Disc DiseaseDiscogenic Back PainIndependent Medical ExaminationPrior AuthorizationAppellate ReviewNurse AssistantWork Injury
References
9
Case No. MISSING
Regular Panel Decision

Rice v. Commissioner of Social Security

Plaintiff Tammy Rice sought judicial review of the Commissioner of Social Security's final decision denying her application for disability benefits. The District Court considered the Commissioner's motion for judgment on the pleadings. The Administrative Law Judge (ALJ) found that Plaintiff had severe impairments of mild degenerative disc disease of the lumbar spine and mild degenerative joint disease of the knees but did not meet or equal a listed impairment. The ALJ determined Plaintiff could perform light work with restrictions, concluding she was not disabled. The Court found the Commissioner's decision supported by substantial evidence and in accordance with applicable legal standards. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's complaint was dismissed with prejudice.

Social SecurityDisability BenefitsALJ DecisionSubstantial EvidenceMedical EvidenceResidual Functional CapacityTreating Physician RuleFederal Rules of Civil ProcedureRule 12(c)Lumbar Spine
References
28
Case No. MISSING
Regular Panel Decision

State Department of Highways & Public Transportation v. Thrasher

Larry Thrasher, an employee of the Highway Department, was awarded workers' compensation benefits for permanent partial disability by a jury. The Highway Department appealed, arguing that Thrasher's recovery was barred under Tex.Rev.Civ.Stat.Ann. art. 8306, § 21, because he concealed a prior acute back strain on his job application. The State contended this was a false representation of not having an occupational disease causing his incapacity. The court affirmed the judgment, finding no evidence that Thrasher was afflicted with such an occupational disease when hired, nor that his current degenerative disc disease was the same condition as his prior injury. The court concluded that the trial court correctly denied the State's motion for directed verdict and requested jury issues.

Workers' CompensationBack InjuryDegenerative Disc DiseaseOccupational DiseaseFalse RepresentationEmployment ApplicationPrior Medical ConditionJury VerdictAppellate ReviewDirected Verdict
References
3
Case No. 12-89-00008-CV
Regular Panel Decision
Aug 29, 1990

DEPT. OF HWYS. & PUB. TRANSP. v. Thrasher

This workers' compensation appeal concerns Larry Thrasher's claim for permanent partial disability benefits against the State Department of Highways and Public Transportation. The employer argued that Thrasher's recovery was barred under Tex.Rev.Civ.Stat.Ann. art. 8306, § 21, due to his alleged willful and false representation of a prior back injury on his employment application, claiming it constituted concealment of an occupational disease causing his incapacity. The Court of Appeals affirmed the trial court's judgment for Thrasher, holding that the State presented no evidence to prove that Thrasher's disabling condition (degenerative disc disease) was an occupational disease that pre-existed his employment or that his earlier injury was the same pathology. The court concluded that the State failed to establish the necessary elements to invoke the statutory bar to compensation.

Permanent Partial DisabilityOccupational Disease DefenseFalse RepresentationPre-existing ConditionEmployment Application FraudDegenerative Disc DiseaseLumbar StrainBack InjuryAppellate ReviewDirected Verdict Standard
References
3
Case No. MISSING
Regular Panel Decision

Singletary v. Apfel

Plaintiff Sylvester M. Singletary appealed the Commissioner of Social Security's denial of disability insurance benefits, leading to this action under 42 U.S.C. § 405(g). The Court reviewed the final determination, including an Administrative Law Judge's decision, which the Appeals Council upheld. The central issue revolved around the ALJ's rejection of Singletary's treating physician's opinion of total disability, which the ALJ deemed unsupported by objective evidence, specifically the absence of disc herniation. The Court found that the ALJ arbitrarily substituted his lay opinion for competent medical evidence and ignored other objective findings like degenerative disc disease and disc bulging. Consequently, the Commissioner’s decision was not supported by substantial evidence, and the case was remanded solely for the calculation of benefits, with the plaintiff's motion for judgment on the pleadings granted.

Disability BenefitsSocial Security ActTreating Physician RuleSubstantial Evidence ReviewDegenerative Disc DiseaseChronic PainSpinal ImpairmentALJ ErrorRemandFederal Court Review
References
13
Case No. 2024-60-7117
Regular Panel Decision
Oct 31, 2025

Hall, Michael v. TWC Holdings, Inc.

Mr. Hall sought benefits for a back injury, initially from an August 2022 incident and later from an October 2023 chair collapse. He received treatment for the 2022 injury but continued experiencing pain. An MRI in 2023 revealed degenerative disc disease. Orthopedic surgeon Dr. Daniel Burval consistently attributed Mr. Hall's back condition primarily to degenerative causes, not work-related trauma. Consequently, the Court denied Mr. Hall's request for an MRI and temporary disability benefits, citing a lack of medical proof that his condition was more than 50% caused by a work accident, as required by Tenn. Code Ann. § 50-6-102 (12)(C).

Back InjuryDegenerative Disc DiseaseCausationMedical OpinionExpedited HearingDenial of BenefitsPreexisting ConditionOrthopedic SurgeryLumbar SpineWork Accident
References
1
Case No. MISSING
Regular Panel Decision

Palmer v. State University of New York Upstate Medical University

The claimant, an orthopedic hand surgeon, developed cervical radiculopathy and degenerative disc disease due to the physical strain of performing hand surgery and filed for workers' compensation benefits. His claim was controverted by the State University of New York Upstate Medical University and its carrier, as well as the Research Foundation of New York and its carrier. The Workers' Compensation Board determined that the claimant was a dual employee of both the University and the Foundation and that his condition constituted a causally related occupational disease. The University and its carrier appealed this decision. The appellate court affirmed the Board's findings, concluding there was substantial evidence to support both the dual employment status and the existence of a recognizable link between the claimant's condition and the distinctive features of his occupation.

Occupational DiseaseCervical RadiculopathyDegenerative Disc DiseaseDual EmploymentWorkers' Compensation BenefitsHand Surgery StrainMedical OpinionAppellate ReviewCausationEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision

Hetrick v. AIR LOGISTICS, INC.

This case arises from a helicopter crash on March 4, 1997, after the aircraft, owned and operated by Offshore Logistics, Inc. (under the trade name Air Logistics, Inc.), departed from an offshore platform and encountered instrument meteorological conditions. Plaintiffs Lloyd Hetrick and Robert D. McCavitt, Jr., passengers on the helicopter, subsequently filed a lawsuit, with the defendants admitting liability. The bench trial, presided over by Judge Samuel B. Kent, focused exclusively on assessing damages for the plaintiffs' sustained injuries. The Court found that both plaintiffs suffered various injuries, including disc herniations and degenerative disc disease, directly attributable to the accident. As a result, the Court awarded Lloyd Hetrick $625,000 and Robert D. McCavitt, Jr. $650,000 in total damages, along with pre- and post-judgment interest.

Maritime LawHelicopter AccidentPersonal InjuryNegligenceDamages AwardSpinal InjuriesHerniated DiscPain and SufferingMental AnguishWork-Life Expectancy
References
11
Case No. 04-09-00401-CV
Regular Panel Decision
Jul 21, 2010

Texas Mutual Insurance Company v. Sarah Ochoa

Sarah Ochoa sustained a lumbar sprain injury at work and filed a workers' compensation claim. Texas Mutual Insurance Company, the carrier, initially accepted the lumbar sprain but disputed later claims of extensive lumbar disc pathology as an ordinary disease of life. The hearing officer found a sprain/strain injury superimposed on pre-existing degenerative conditions but also ruled that Texas Mutual waived its right to contest the extent of injury by not timely disputing it within 60 days, making the degenerative conditions compensable. Texas Mutual appealed to the state district court, which granted Ochoa's no-evidence motion for summary judgment. This appellate court reverses and remands the trial court's judgment, holding that the 60-day waiver rule in the Texas Labor Code does not apply to extent-of-injury disputes, citing Texas Supreme Court precedent.

Workers' CompensationSummary JudgmentWaiver RuleExtent of Injury DisputeLumbar SprainDegenerative Disc DiseasePre-existing ConditionAppellate ReviewTexas Labor CodeJudicial Precedent
References
7
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