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

Case No. MISSING
Regular Panel Decision

Claim of Bressor v. Marriott Corp.

Claimant, a revenue reporting clerk, developed seizures linked to work-related stress, initially in January 1990 and again in January 1995 after increased duties. He filed a workers' compensation claim in May 1995. The Workers’ Compensation Board found the claim untimely, ruling the accident occurred in January 1990. However, the appellate court reversed, finding that the January 1995 recurrence due to new stress constituted a separate, timely accident. The case was remitted to the Board for further proceedings to determine if the seizure disorder actually constituted an accident and its causal relationship to the job stress.

seizure disorderepilepsywork-related stresstimeliness of claimstatute of limitationsoccupational accidentBoard decisionappellate reviewremittalcausal relationship
References
2
Case No. 2016-02-0026
Regular Panel Decision
Sep 21, 2016

Palmer, Norman v. Paul Hardy

Norman Palmer, an employee of Paul Hardy, filed a Request for Expedited Hearing seeking medical and temporary disability benefits after allegedly falling from a roof at work on October 21, 2015. Palmer, who has a history of epileptic seizures, remembered seeing a ladder but then woke up on the ground with injuries. His employer and insurance carrier, Hartford Insurance Company, denied the claim, asserting the injury was a seizure not causally related to work. The Workers' Compensation Judge, Brian K. Addington, denied Palmer's request, finding he failed to provide sufficient evidence that his injury arose primarily out of and in the course and scope of his employment, categorizing the fall as idiopathic due to lack of explanation. The matter is set for an Initial (Scheduling) Hearing on November 1, 2016.

Expedited HearingMedical Benefits DenialTemporary Disability BenefitsCompensable Injury DisputeArising Out of EmploymentCourse and Scope of EmploymentEpileptic Seizure FallIdiopathic Injury DoctrineEmployee Burden of ProofDegenerative Disc Disease
References
3
Case No. MISSING
Regular Panel Decision

Zaher A. El-Ali v. State

This case involves the seizure and forfeiture of a 2004 Chevrolet Silverado pickup truck. Appellant Zaher A. El-Ali challenged the forfeiture after the vehicle, which he owned, was used by Roberto Faustino in felony offenses. El-Ali initially asserted an innocent-owner defense but later abandoned it. On appeal, El-Ali argued that the innocent-owner defense violated due process under the Texas Constitution by requiring proof of a negative, and that the forfeiture statute unconstitutionally incentivized law enforcement. The appellate court affirmed the trial court's judgment, finding the innocent-owner defense added a layer of due process protection and that El-Ali failed to preserve his discovery complaint regarding the incentive argument.

Civil forfeitureInnocent owner defenseDue processTexas ConstitutionSummary judgmentAppellate reviewContrabandProperty rightsLaw enforcement incentivesStatutory interpretation
References
19
Case No. MISSING
Regular Panel Decision
Apr 30, 1982

Geen v. Foschio

Barbara Geen initiated a lawsuit challenging the New York State Department of Motor Vehicles' policy of automatically suspending or denying driver's licenses to individuals with seizure disorders without an impartial hearing, citing a violation of due process. Glen Neville, whose license was suspended due to a seizure, successfully moved to intervene in the case, seeking preliminary injunctive relief. The court granted Neville's motion, ordering his license reinstated with a daytime driving restriction and a requirement to report any future seizures. Furthermore, the court certified a statewide class of plaintiffs, concluding that both Geen and Neville demonstrated a likelihood of success on their claim that they are entitled to a due process hearing.

due processdriver's licensemotor vehicleepilepsyseizure disorderpreliminary injunctionclass actioninterventionmedical opinionconstitutional law
References
10
Case No. E2016-02572-COA-R3-CV
Regular Panel Decision
Jul 27, 2017

Charles D. Sprunger v. Cumberland County, TN Sheriff's Office

A homeowner, Charles D. Sprunger, was convicted of possessing child pornography, which led to the seizure of his house via a forfeiture warrant. The Tennessee Supreme Court later vacated the forfeiture, ruling that the seizing officer failed to follow critical procedural requirements regarding notice. Subsequently, Sprunger filed a complaint against the Cumberland County Sheriff's Office, alleging bad faith seizure and seeking damages. The trial court granted summary judgment to the County, finding no intentional misconduct or lack of reasonable legal basis for the seizure by Detective Haynes. The Court of Appeals affirmed this decision, concluding that while the procedural errors were improper, they did not meet the statutory definition of "bad faith," which demands a higher degree of knowing misconduct or indifference.

ForfeitureChild PornographyBad Faith SeizureSummary JudgmentAppellate ProcedureStatute of LimitationsDue ProcessProperty SeizureStatutory ConstructionIntentional Misconduct
References
48
Case No. 2014-05-0033
Regular Panel Decision
Feb 19, 2015

Haynes, Emily v. DCI Donor Services

Employee Emily Haynes filed a Request for Expedited Hearing seeking temporary disability and medical benefits for a dislocated left kneecap sustained at work. The employer, DCI Donor Services, and its carrier, The Hartford, contended the injury was idiopathic due to Ms. Haynes' two prior left-knee dislocations and the absence of a specific work-related hazard. The Court reviewed the evidence and applicable law, including relevant Tennessee Code Annotated sections and case precedents on causation and idiopathic injuries. The Court ultimately found that Ms. Haynes failed to establish that her injury arose primarily out of her employment, concluding it was idiopathic in nature. Consequently, her request for medical and temporary disability benefits was denied, and the matter was set for an Initial Hearing.

Expedited HearingKnee DislocationIdiopathic InjuryMedical Benefits DenialTemporary Disability DenialCausation in Workers' CompPre-existing ConditionsEmployee Burden of ProofTennessee Workers' Compensation LawDCI Donor Services
References
4
Case No. MISSING
Regular Panel Decision

Phillips v. A&H Const. Co., Inc.

Johnny Phillips, an employee of A&H Construction Company, sustained injuries in a truck accident while driving to a job site due to an idiopathic loss of consciousness. The accident occurred as he was instructed to pick up other employees, and he was compensated for travel time. The Supreme Court of Tennessee addressed whether injuries resulting from an idiopathic condition are compensable under the Workers’ Compensation Act. The Court reversed the Chancellor's initial denial of benefits, holding that such injuries are compensable if an employment hazard causes or exacerbates the injury, focusing on the causal link between employment and the injury/accident rather than the idiopathic episode itself. The Court affirmed that driving for work constituted an employment hazard and that Phillips's injuries occurred within the course of his employment, remanding the case for reinstatement of temporary total disability benefits.

Idiopathic ConditionWorkers' CompensationCourse of EmploymentArising Out of EmploymentTemporary Total DisabilityCausal ConnectionEmployment HazardAutomobile AccidentLoss of ConsciousnessTravel Compensation
References
15
Case No. ADJ4028459 (SRO 0142511)
Regular
Mar 02, 2017

ANITA HOLSTEIN vs. SONOMA DEVELOPMENTAL CENTER, STATE COMPENSATION INSURANCE FUND

This case involved a defendant challenging a permanent total disability award for an applicant with cumulative trauma injuries and a seizure disorder. The defendant argued the vocational expert's opinion was unreliable and the disability rating was improperly calculated. The Board affirmed the award, agreeing that while the rating methodology was technically flawed, the applicant's seizure disorder rendered her unable to return to the labor market, making the calculation error moot. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCumulative TraumaPermanent Total DisabilityVocational ExpertSeizure DisorderNon-Epileptic SeizuresRating MethodologyCombined Values ChartSubstantial EvidenceGainful Employment
References
3
Case No. ADJ8935299
Regular
Jan 03, 2014

DAVID LOW vs. FEDERAL EXPRESS; Permissibly Self-Insured, Administered By SEDGWICK CMS

This case concerns a FedEx driver who sustained injuries from a fall on the employer's premises during an unpaid lunch break. The Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury was industrial. The injury, resulting from an idiopathic coughing fit and subsequent fall on the employer's property, is compensable under the "personal comfort doctrine" and established case law regarding idiopathic falls on premises. The board affirmed that such injuries occurring on employer premises are compensable even if caused by non-work-related conditions.

AOE/COEunpaid lunch breakemployer's premisesidiopathic conditionpersonal comfort doctrineWCJPetition for ReconsiderationReport and RecommendationCounty of Contra Costa v. RamirezOrrala v. Harris Ranch
References
10
Case No. 2022-06-0446
Regular Panel Decision
Apr 11, 2023

BRDJANIN, DULKA v. HOSPITAL HOUSEKEEPING SYSTEMS, LLC

Ms. Brdjanin, an employee of Hospital Housekeeping Systems, LLC, sought benefits for an injury sustained in a fall. The Court held an expedited hearing to determine her entitlement. There were two differing accounts of her fall: initial reports stated she fainted due to an idiopathic condition, while later accounts claimed she tripped. The Court found the fainting account more credible, ruling that an idiopathic condition caused her fall. As her employment did not present a special hazard that caused or exacerbated her injuries, the Court concluded she is unlikely to prevail at a final hearing and denied her request for benefits.

idiopathic injuryfallfaintingspecial hazardwork-related injurycompensabilitymedical evidenceconflicting testimonyburden of proofexpedited hearing
References
4
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