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Case Law Database

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

Case No. No. M2018-01696-COA-R3-CV; No. 15-4-IV
Regular Panel Decision
Dec 07, 2020

American Board of Craniofacial Pain v. American Board Of Orofacial Pain

This case involves an appeal concerning a failed merger between two professional dental associations, American Board of Craniofacial Pain (ABCP) and American Board of Orofacial Pain (ABOP). ABCP sued ABOP, alleging a breach of an agreement to merge formed through email exchanges and seeking specific performance and damages. The Chancery Court for Davidson County granted summary judgment to ABOP, finding no meeting of the minds and thus no enforceable contract. The Court of Appeals of Tennessee affirmed this decision, concluding that the parties’ objective manifestations showed a lack of mutual assent because an essential term (disposition of intellectual property) was not agreed upon and they intended to reduce the agreement to a formal Memorandum of Understanding, which was never finalized. The court also agreed that specific performance was not an available remedy due to the incompleteness of the purported contract.

Contract DisputeMerger NegotiationsCorporate MergerDental ProfessionMutual AssentSpecific Performance DenialSummary Judgment AffirmationTennessee Court of AppealsContract FormationLack of Agreement
References
26
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. CV-23-0766
Regular Panel Decision
Nov 07, 2024

In the Matter of the Claim of Mary Daniels

Claimant Mary Daniels appealed a Workers' Compensation Board decision denying a causally-related neck injury. Daniels, a train conductor, initially claimed work-related injuries to her right shoulder, elbow, and hand. A Workers' Compensation Law Judge (WCLJ) established claims for the shoulder and elbow but not the neck. The Board affirmed, noting Daniels did not report neck pain in her initial claim or during a hearing, despite medical experts opining on a causally-related neck injury based on her later complaints. The Appellate Division affirmed the Board's decision, deferring to its credibility determinations and finding substantial evidence supported the finding that the medical opinions lacked a proper factual basis regarding the neck injury.

CausationNeck InjuryRight Shoulder InjuryRight Elbow InjuryMedical EvidenceCredibility DeterminationSubstantial EvidenceAppellate ReviewTreating PhysicianOrthopedic Surgeon
References
5
Case No. 04-06-00237-CV
Regular Panel Decision
May 30, 2007

Braulio Lara v. Weeks Marine, Inc.

Braulio Lara, a deckhand for Weeks Marine, Inc., appealed a judgment rendered in his favor based on claims under the Jones Act and for maintenance and cure, specifically challenging the jury's failure to award damages for past physical pain and suffering after he sustained a fractured left shoulder in a fall. Lara reported immediate pain, and medical evidence from Dr. Fitter and Dr. Donovan confirmed a painful shoulder fracture, with Dr. Donovan also diagnosing ruptured discs in the neck and back. Despite these objective injuries and awarded medical expenses, the jury awarded zero for past physical pain. The appellate court reviewed the factual sufficiency of the evidence, finding the jury's failure to award damages for past physical pain and suffering to be against the great weight and preponderance of the evidence, especially given the undisputed objective evidence of a significant injury. Consequently, the judgment of the trial court was reversed, and the cause was remanded for a new trial.

Jones ActMaintenance and CureMaritime LawPersonal InjuryNegligenceShoulder FracturePain and Suffering DamagesFactual SufficiencyJury VerdictMedical Expenses
References
10
Case No. MISSING
Regular Panel Decision

Claim of Knisell v. Treasure Chest Advertising Co.

Claimant sustained a work-related injury on October 12, 1999. Initially reporting an injury to her left arm, she later experienced neck pain and sought workers' compensation benefits for injury to her left arm, shoulder, and neck. A Workers’ Compensation Law Judge initially barred the neck injury claim due to a failure to provide timely notice to the employer under Workers’ Compensation Law § 18. However, the Workers’ Compensation Board reversed this decision, concluding that the employer was aware of the neck, arm, and shoulder injury on the date of the accident. The employer appealed the Board's reversal. The Appellate Division affirmed the Board's decision, finding that the Board's conclusion of employer awareness was supported by substantial evidence in the record.

Workers' CompensationNotice RequirementCausally Related InjuryNeck InjuryShoulder InjuryArm InjurySubstantial EvidenceAppellate ReviewBoard ReversalEmployer Knowledge
References
1
Case No. 2020-07-0020
Regular Panel Decision
Mar 14, 2023

Bragg, Robert v. Premium Services, LLC

Robert Bragg, an employee, claimed permanent total disability due to elbow, shoulder, and neck injuries sustained while bending steel with a vise. The employer, Premium Services, LLC, contended the neck injury was not work-related and Mr. Bragg was only entitled to permanent partial disability for his elbow and shoulder. The Court found Mr. Bragg's neck injury to be work-related, relying on Dr. Curlee's testimony regarding aggravation of a pre-existing condition and early complaints of neck pain, contrary to Dr. Parsioon's opinion. However, the Court denied permanent total disability, finding insufficient evidence, and awarded Mr. Bragg 23% permanent partial disability to the body as a whole, along with payment for past and future medical expenses related to all three injuries.

Workers' CompensationPermanent Partial DisabilityNeck InjuryElbow InjuryShoulder InjuryAggravation of Pre-existing ConditionMedical CausationAMA GuidesNeurosurgeon OpinionOrthopedic Surgeon Opinion
References
9
Case No. 2024 NY Slip Op 05517
Regular Panel Decision
Nov 07, 2024

Matter of Daniels v. New York City Tr. Auth.

Mary Daniels, a train conductor, filed a claim for workers' compensation benefits alleging work-related injuries to her right shoulder, right elbow, and right hand from a March 4, 2022 incident. A Workers' Compensation Law Judge (WCLJ) found prima facie medical evidence for injuries including her neck, but ultimately established the claim only for the shoulder and elbow, finding no causally-related neck injury. The Workers' Compensation Board affirmed this determination. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, concluding it was supported by substantial evidence. The court noted that while treating physicians opined on a causally-related neck injury, the claimant herself did not report neck pain in her initial claim or job injury report and denied it during the hearing, thereby undermining the factual basis for the medical opinions.

Workers' CompensationCausationNeck InjuryShoulder InjuryElbow InjuryCredibility DeterminationSubstantial EvidenceAppellate ReviewTreating PhysicianOrthopedic Surgeon
References
5
Case No. 2022-07-0215
Regular Panel Decision
Mar 13, 2023

McKim, Walter v. Stansell Electric Company, Inc.

This interlocutory appeal concerns temporary disability and medical benefits for Walter McKim, who suffered shoulder and neck injuries while working for Stansell Electric Company, Inc. The employer stopped disability payments after the shoulder injury reached maximum medical improvement, despite ongoing neck treatment. A physician treating McKim's neck later confirmed work restrictions, and the trial court admitted these questionnaires as evidence. The employer also argued McKim was non-compliant with pain management treatment. The Appeals Board affirmed the trial court's order for benefits, finding the questionnaires admissible and McKim's actions did not warrant benefit suspension, and remanded the case.

Temporary Disability BenefitsMedical BenefitsWork RestrictionsMedical CausationAdmissibility of EvidenceMedical Non-compliancePain ManagementShoulder InjuryNeck InjuryCervicalgia
References
9
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
2
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