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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

Twin City Fire Insurance Co. v. Grimes

Loy Grimes, a 61-year-old worker, recovered a judgment for total and permanent incapacity due to peripheral neuropathy, an occupational disease contracted during his employment with Nibco, Inc. His employer's compensation carrier, Twin City Fire Insurance Company, appealed, challenging the sufficiency of evidence for the jury's findings. Medical examinations revealed high levels of lead in Grimes' blood, confirming lead poisoning as the probable cause of his neuropathy, which caused numbness, weakness, dizziness, and difficulty with balance and fine motor skills. Despite arguments from Twin City that Grimes could perform tasks requiring minimal physical effort, the court affirmed the lower court's judgment, applying the standard definition of 'total incapacity.' The court found sufficient evidence to support the jury's findings of total and permanent incapacity.

Peripheral NeuropathyLead PoisoningTotal IncapacityPermanent IncapacitySufficiency of EvidenceAppellate ReviewJury VerdictMedical Expert TestimonyIndustrial AccidentToxic Exposure
References
3
Case No. ADJ2778117 (RIV 0032584)
Regular
Dec 31, 2009

KEYIN MORALES vs. RALPHS GROCERY CO., SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted the petition for reconsideration and amended the Findings and Award to find 18 1/2 percent permanent disability, after apportionment of 50 percent to applicant's non-industrial peripheral neuropathy.

ApportionmentPeripheral neuropathyCausationPermanent disabilityAgreed medical examinerWCJPetition for reconsiderationFindings and AwardWork restrictionsIndustrial injury
References
4
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
11
Case No. ADJ8878991
Regular
Jan 31, 2014

JAY SCHETTLER vs. ALLIED BEVERAGES, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's finding of injury. The applicant, a route salesman, claimed he stepped on glass, injuring his left foot, which was corroborated by medical records showing a cut and the applicant's delayed awareness due to diabetic neuropathy. Defense witness testimony also supported the applicant's claim of cutting his toe at work. The Board found the applicant's testimony credible and the medical evidence sufficient to establish the injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factterritory route salesmanmechanism of injurydiabetic neuropathycredibilitymedical recordsReport and Recommendationurgent care
References
1
Case No. 2021-05-0400
Regular Panel Decision
Jun 01, 2022

Grissom, Benjamin v. AT&T Services, Inc.

The Court of Workers’ Compensation Claims at Murfreesboro heard an expedited request from Benjamin Grissom against AT&T Services, Inc. and Old Republic Ins. Co. Grissom sought medical benefits for suprascapular neuropathy, contending it was primarily caused by his August 2020 work injury. Judge Dale Tipps determined that Dr. John Dorizas's medical opinion sufficiently established causation, finding it more persuasive than the previous physician's assessment. The Court ordered AT&T to continue providing medical treatment with Dr. Dorizas for Grissom's condition and to reimburse him $1,902.14 for out-of-pocket medical expenses. A status hearing is set for July 27, 2022.

Workers' CompensationExpedited HearingMedical BenefitsSuprascapular NeuropathyCausationTennessee LawWork InjuryRotator CuffNerve EntrapmentUnauthorized Treatment
References
2
Case No. MISSING
Regular Panel Decision

Lister v. Employers Reinsurance Corp.

Employee Lister sued an insurance company in a worker's compensation case, alleging his peripheral neuropathy was caused by working conditions at Shell Oil Refinery in Deer Park, Texas. The jury found that Lister’s injury did not occur while in the course and scope of his employment, leading to a judgment in favor of the insurance company. Lister appealed, claiming error in the exclusion of certain evidence, specifically portions of a government study (NIOSH report) and expert testimony. The appellate court affirmed the trial court's judgment, agreeing that the excluded portions of the report contained opinions and conclusions, and that the expert testimony regarding the source of his opinion was properly excluded due to an insufficient predicate.

Worker's CompensationPeripheral NeuropathyNIOSH ReportEvidence ExclusionExpert TestimonyHearsay RuleGovernment DocumentsAdmissibility of EvidenceTrial Court AffirmationTexas Civil Procedure
References
7
Case No. MISSING
Regular Panel Decision

Newsome v. Astrue

Gordon C. Newsome challenged the Commissioner of Social Security's final determination denying him social security disability benefits. The Administrative Law Judge (ALJ) had found Newsome not disabled, attributing his impairments primarily to alcohol abuse and a temporary hip fracture. The District Court identified several legal errors by the ALJ, including improper assessment of neuropathy and DVT diagnoses, mischaracterization of a treating physician's report, and failure to adequately develop the record regarding the materiality of alcohol abuse to Newsome's physical limitations. Consequently, the Plaintiff's motion for judgment on the pleadings was granted, the Commissioner's cross-motion was denied, and the case was remanded to the ALJ for further proceedings consistent with the court's decision.

Social Security DisabilityAlcohol AbuseSeizure DisorderPancreatitisNeuropathyDeep Vein Thrombosis (DVT)Credibility AssessmentTreating Physician RuleRemandAdministrative Law Judge (ALJ)
References
54
Case No. MISSING
Regular Panel Decision

Van Cleave v. McKee Baking Co.

This worker's compensation action involved Rheda B. Van Cleave, who sustained a back injury in 1981 while employed by McKee Baking Company. The chancellor denied permanent disability benefits, finding that temporary disability benefits had been paid except for certain medical expenses. Van Cleave appealed, disputing the denial of permanent disability and seeking payment for a medical bill from Dr. George Shelton. The court affirmed the chancellor's decision, citing material evidence including medical testimony that Van Cleave's symptoms were due to diabetic neuropathy, not the industrial accident. Additionally, a claim for retaliatory discharge, initially dismissed, was transferred to the Court of Appeals due to jurisdictional issues.

Worker's CompensationBack InjuryPermanent DisabilityTemporary DisabilityMedical ExpensesDiabetic NeuropathyRetaliatory DischargeJurisdictionAppellate ReviewMaterial Evidence
References
3
Case No. MISSING
Regular Panel Decision

O'DELL v. Barnhart

Plaintiff William O'Dell sought disability insurance benefits due to carpal tunnel syndrome, ulnar neuropathy, and tendinitis, which he claimed prevented him from working since 1996. The Commissioner of Social Security, Jo Anne B. Barnhart, denied benefits, asserting O'Dell retained the residual functional capacity to perform other work. After an Administrative Law Judge and the Appeals Council upheld the denial, O'Dell initiated this review action in the District Court under 42 U.S.C. § 405(g). The District Court, presided over by Judge Larimer, affirmed the Commissioner's final determination, concluding that the ALJ's findings were supported by substantial evidence regarding O'Dell's capacity for other work in the national economy.

Social Security ActDisability Insurance BenefitsResidual Functional CapacityTreating Physician OpinionAdministrative Law JudgeVocational Expert TestimonyCarpal Tunnel SyndromeUlnar NeuropathyTendinitisFederal District Court Review
References
6
Case No. 2016-03-0413
Regular Panel Decision
Oct 05, 2017

Dodson, Deborah v. LHC Group

Deborah Dodson, an employee of LHC Group, injured her left ankle and right knee in May 2015. She underwent knee surgery and was placed at maximum medical improvement by Dr. Johnson. She later developed small fiber neuropathy, and despite a referral, faced difficulties obtaining a neurologic impairment evaluation. The Court granted Ms. Dodson's request for a neurologic impairment evaluation, either by Dr. Butler or another neurologist, referring Dr. Butler to the Penalty Program for failure to provide an impairment opinion. However, the Court denied her claim for additional temporary total disability benefits, finding she reached MMI on March 23, 2017, when Dr. Butler ceased active treatment.

Workers' CompensationNeurologic Impairment EvaluationTemporary Total Disability BenefitsMaximum Medical ImprovementSmall Fiber NeuropathyPain ManagementExpedited HearingMedical TreatmentImpairment RatingPenalty Program
References
3
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