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

Case No. 2016-03-0298
Regular Panel Decision
Sep 13, 2018

Hollis, Aleceia v. Komyo America

Ms. Hollis, a material handler for Komyo America, sustained a work injury in January 2016, leading to a lumbar sprain and later a herniated disc. She sought various benefits, including temporary and permanent disability, and medical expenses for the herniated disc. The Court found that Ms. Hollis failed to establish by a preponderance of the evidence that her herniated disc arose primarily out of and in the course and scope of her employment. This decision was largely based on the authorized treating physician's opinion, Dr. Sanabria, which was presumed correct and deemed unrebutted by other medical experts' testimony. Consequently, the Court denied benefits related to the herniated disc but ordered Komyo America to provide ongoing reasonable and necessary medical care for her work-related lumbar strain.

Workers' CompensationLumbar StrainHerniated DiscCausation DisputePre-existing ConditionMedical Expert TestimonyPreponderance of EvidenceMaximum Medical ImprovementAuthorized PhysicianUnauthorized Treatment
References
1
Case No. 2016-03-0298
Regular Panel Decision
Nov 28, 2016

Hollis, Alicia v. Komyo America

Ms. Aliceia Hollis, an employee of Komyo America, filed a Request for Expedited Hearing regarding a January 18, 2016 work injury where car hoods fell on her, allegedly causing an L4-5 disc herniation. The court found Ms. Hollis did not provide sufficient evidence to conclude she is likely to prevail at a hearing on the merits that her herniated disc arose primarily out of and in the course and scope of her employment. Despite concerns about the initial treating physician's opinion, Ms. Hollis failed to provide a compelling rebuttal from the neurosurgeon. Consequently, her requests for medical and temporary disability benefits were denied at this time.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityLumbar Disc HerniationCausationPre-existing ConditionTreating Physician PresumptionMedical EvidenceCredibility
References
5
Case No. W2001-00745-COA-R3-CV
Regular Panel Decision
Nov 29, 2001

Jessie Anthony v. Melbourne Holland

Jessie Lee Anthony appealed a trial court judgment that found the defendant's negligence was not the proximate cause of his injuries. Mr. Anthony sustained a herniated disc after a rear-end collision with Melbourne C. Holland. While Mr. Holland admitted liability for the collision, he contested that it caused Mr. Anthony's specific back injury, citing prior back issues. The trial court determined Mr. Anthony failed to prove causation by a preponderance of the evidence. The Court of Appeals affirmed the trial court's findings, concluding that medical expert testimony only suggested a possibility, not a probability, that the collision caused the herniated disc.

NegligenceAutomobile AccidentRear-end CollisionCausationPreponderance of EvidenceHerniated DiscMedical Expert TestimonyBiomechanical AnalysisAppellate ReviewBack Injury
References
7
Case No. 2016-03-0730
Regular Panel Decision
Dec 22, 2017

Letner, Aurthur v. Highland Steel Erectors

Arthur Letner, an ironworker, sustained a low back injury in July 2015 while working for Highland Steel Erectors. He underwent two surgeries by neurosurgeon Dr. Christopher Gallati for L4-5 disc herniations. Mr. Letner sought additional medical and temporary disability benefits through an expedited hearing. The court denied his request, finding he failed to provide sufficient evidence that his work injury primarily caused his current need for treatment. Dr. Gallati could not state with medical certainty if the recurrent disc herniations were due to the original work injury or other events like squatting, twisting, and rolling over in bed.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityDisc HerniationLumbar FusionCausationMedical CertaintyIronworkerRecurrent Injury
References
3
Case No. 04-10-00046-CV
Regular Panel Decision
Jan 19, 2011

Rosa M. Martinez v. State Office of Risk Management

Rosa M. Martinez appealed a trial court's judgment that reversed a decision by the Texas Department of Insurance, Division of Workers’ Compensation Appeals Panel. Martinez was injured as a school custodian and the State Office of Risk Management challenged coverage. A contested case hearing found her injury compensable, including a herniated disc, and granted disability, which the Appeals Panel affirmed. SORM's subsequent suit in district court led to a reversal, based on a jury finding against Martinez. The appellate court found reversible error in the jury charge, which improperly combined the distinct issues of compensability and the extent of injury (herniated disc) into a single question, thereby prejudicing Martinez's right to a proper verdict on all issues and potentially affecting her eligibility for disability and attorney's fees. The judgment was reversed, and the cause remanded for a new trial.

Workers' CompensationJury Charge ErrorCompensable InjuryExtent of InjuryHerniated DiscDisabilityAttorney's FeesAppellate ReviewTrial Court ErrorReversible Error
References
5
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. 2017-06-0343
Regular Panel Decision
Apr 19, 2018

Joiner, Roger v. United Parcel Service, Inc.

Roger Joiner filed a claim for medical and permanent partial disability benefits due to a C6-7 disc herniation and a C5-6 disc osteophyte complex sustained while lifting a mailbag at work. His employer, United Parcel Service, Inc. (UPS), contested the compensability of the C5-6 disc osteophyte complex, arguing it was a pre-existing condition unrelated to the work injury. The Court, presided over by Judge Joshua D. Baker, found in favor of Mr. Joiner, ruling that the C5-6 condition was a compensable aggravation of a pre-existing condition. The decision, based on conflicting medical opinions and Mr. Joiner's credible testimony, determined that his work accident contributed more than fifty percent to the aggravation. Consequently, UPS was ordered to provide ongoing medical treatment for both injuries and pay Mr. Joiner $72,794.70 in permanent partial disability benefits for a 19% impairment rating.

Workers' Compensation ClaimsPermanent Partial DisabilityMedical Benefits AwardedCervical Disc HerniationDisc Osteophyte ComplexAggravation of Pre-Existing ConditionCausation StandardTreating Physician Presumption RebuttalIndependent Medical EvaluationMedical Expert Disagreement
References
4
Case No. MISSING
Regular Panel Decision

Claim of Scalzo v. St. Joseph's Hospital

The claimant, a patient account representative, suffered a back injury (herniated L5-S1 disc and bulging discs) on May 18, 2000, after abruptly rising from her chair to avoid an object at work. Her claim for workers' compensation benefits was controverted by her employer and its carrier, arguing the injury was idiopathic. However, both a Workers' Compensation Law Judge and the Workers' Compensation Board found the accident established, relying on medical evidence, lay testimony, and the presumption under Workers’ Compensation Law § 21 (1). The employer appealed this decision. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the injury arose out of and in the course of employment, and that credibility issues were for the Board to resolve.

Workplace InjuryBack InjuryHerniated DiscBulging DiscWorkers' Compensation BenefitsAccident Arising Out of EmploymentCourse of EmploymentPresumption of Arising Out of EmploymentCredibility IssueSubstantial Evidence
References
6
Case No. 05-21-00303-CV
Regular Panel Decision
Nov 28, 2022

Amanda McGee v. Ladonna Tatum

Amanda McGee appealed the trial court's judgment finding her liable for Ladonna Tatum's damages from an automobile accident. McGee contended the evidence was legally and factually insufficient to support the jury's verdict that Tatum's injuries were caused by the accident. The appellate court found no expert medical evidence to support causation for Tatum's medical expenses, which included diagnoses like bulging discs and herniated discs, thus reversing and rendering judgment that Tatum take nothing on her claim for medical expenses. However, the court affirmed the awards for past and future pain and suffering and physical impairment, finding lay testimony sufficient for these damages and that McGee failed to adequately brief why expert testimony was required for these specific awards. The case was also remanded for recalculation of prejudgment interest.

Automobile AccidentPersonal InjuryNegligenceCausationMedical ExpensesPain and SufferingPhysical ImpairmentLegal SufficiencyFactual SufficiencyAppellate Review
References
28
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
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