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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 Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. 2017-08-0772
Regular Panel Decision
Apr 04, 2018

Wallis, Jeff v. Baptist Memorial Hospital

Mr. Jeff D. Wallis sought medical and temporary disability benefits for a back injury sustained while lifting a patient for Baptist Memorial Hospital. The employer denied the claim, asserting the injury was not work-related due to a pre-existing lumbar fusion. Conflicting medical opinions arose between Dr. Lovell, who believed the issue stemmed from a pre-existing non-union, and Dr. Camillo, who linked a broken screw in Wallis's spine directly to the work incident. The Court accredited Dr. Camillo's opinion, finding it more probable and consistent with Mr. Wallis's credible testimony of immediate pain and prior lack of symptoms. Consequently, the Court granted Mr. Wallis's request for medical and temporary partial disability benefits, designating Dr. Camillo as the authorized treating physician.

Workers' CompensationBack InjuryLumbar FusionPseudoarthrosisBroken ScrewCausationMedical EvidenceTemporary DisabilityMedical BenefitsExpedited Hearing
References
5
Case No. 2015-08-0166
Regular Panel Decision
Oct 13, 2015

Kimery, Robert v. Trillium Staffing

Robert Kimery, an employee of Trillium Staffing, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a left-knee injury sustained during work. He claimed to have fallen while carrying a pipe, injuring his knee. However, pre-existing medical records revealed prior left-knee swelling and pain. Dr. Jones, the panel-selected physician, opined that it was more likely the injury was not work-related due to pre-existing conditions not disclosed by Kimery. The court, affording Dr. Jones's opinion a presumption of correctness, found insufficient medical evidence to establish that the injury arose primarily out of Kimery's employment. Consequently, the requests for medical and temporary disability benefits were denied.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityKnee InjuryCausationPre-existing ConditionBurden of ProofMedical OpinionTennessee Law
References
10
Case No. MISSING
Regular Panel Decision
Feb 09, 2012

Claim of Schworm v. Frito Lay, Inc.

This case concerns an appeal by the Special Disability Fund from a Workers’ Compensation Board decision, filed February 9, 2012, which ruled that an employer's workers' compensation carrier was entitled to reimbursement. The claimant, a mechanic, suffered a work-related back injury in 2003 and had a pre-existing non-work-related knee injury from 20 years prior. The carrier sought reimbursement from the Fund under Workers’ Compensation Law § 15 (8), asserting the knee injury constituted a permanent physical impairment. The Workers’ Compensation Law Judge and subsequently the Board affirmed the carrier's entitlement to reimbursement. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that the claimant's pre-existing knee condition constituted a permanent impairment that hindered job potential, and contributed to a materially and substantially greater disability.

reimbursementSpecial Disability Fundpreexisting impairmentwork-related injurypermanent disabilitymaterially and substantially greaterWorkers' Compensation Law § 15 (8)knee injuryback injuryindependent medical examination
References
5
Case No. 2017-06-0526
Regular Panel Decision
Nov 27, 2017

Edwards, Glenda v. Fred's Pharmacy

Glenda Edwards sought medical and temporary disability benefits for a psychological injury she alleged resulted from a work-related shoplifting incident at Fred's Pharmacy. Fred's Pharmacy initially denied benefits, arguing the psychological injury did not arise from the incident and that Ms. Edwards had pre-existing conditions. The Court found Ms. Edwards likely to prevail, concluding that the shoplifting incident, where she was assaulted, exacerbated her pre-existing mental health conditions and qualified as a compensable injury. Due to the employer's failure to provide a panel of physicians, the Court appointed Dr. Oleksandr Osipchuk as the authorized treating physician. Consequently, Fred's Pharmacy was ordered to provide continuing medical treatment and accrued temporary total disability benefits for a specific period.

Workers' CompensationPsychological InjuryPTSDShoplifting IncidentExacerbation of Pre-existing ConditionTemporary Disability BenefitsMedical BenefitsUnauthorized PhysicianPanel of PhysiciansTennessee
References
6
Case No. MISSING
Regular Panel Decision

Bryant v. Genco Stamping & Mfg. Co., Inc.

Bernard Bruce Bryant, a 46-year-old machinist, suffered from pre-existing panic disorder, agoraphobia, and major depressive disorder, as well as blindness in his right eye. In 1996, while employed by Genco, he sustained a work-related shoulder injury. Treatment for this injury, specifically anesthesia during surgery, severely aggravated his pre-existing mental conditions, rendering him permanently and totally disabled. The trial court initially found Genco and the Second Injury Fund liable, apportioning benefits. However, the Special Workers’ Compensation Appeals Panel reversed the Second Injury Fund's liability, holding that Tennessee Code Annotated section 50-6-208(a), which concerns "permanent physical disability," does not apply to pre-existing mental disorders. The Tennessee Supreme Court affirmed the Panel's decision, ruling that section 50-6-208(a) applies only to physical disabilities, thereby holding Genco fully liable for Mr. Bryant's permanent total disability benefits, which included both his physical and aggravated mental disabilities.

Workers' Compensation LawPre-existing Mental DisabilityPermanent Physical DisabilitySecond Injury Fund LiabilityStatutory InterpretationAggravation of InjuryShoulder InjuryMental Health ConditionsEmployer ResponsibilityVocational Impairment
References
8
Case No. MISSING
Regular Panel Decision
Jul 30, 1982

Claim of Terwilliger v. Green Fuel Economizer, Inc.

The claimant appealed a Workers' Compensation Board decision, challenging both the apportionment of his award between an industrial accident and a pre-existing condition, and the board's finding of moderate disability. The court emphasized that full compensability hinges on whether the industrial accident activated a previously dormant and non-disabling pre-existing condition. Despite the claimant's attending physician testifying that his pre-existing condition was asymptomatic prior to the accident, the record contained evidence of prior low back problems. The court reiterated that resolving conflicting medical evidence, concerning both apportionment and the degree of disability, falls exclusively within the Board's purview. Since the Board's decision was supported by substantial evidence, the appellate court affirmed it.

Workers' CompensationApportionmentPre-existing conditionDisabilityMedical evidenceConflicting testimonySubstantial evidenceAppellate reviewIndustrial accidentBoard decision
References
3
Case No. MISSING
Regular Panel Decision

Claim of Garcia v. Brassiere Restaurant

A claimant with a known pre-existing brain condition suffered a lacerated scalp at work. Subsequently, the claimant developed cerebellar degeneration and became permanently and totally disabled. An impartial neurologist determined that while the claimant experienced minor head and neck pain causally related to the accident, the severe disability stemmed from a progressive degenerative disease and a posttraumatic seizure disorder, neither of which were found to be causally related to the work accident or exacerbated by the pre-existing condition. The Workers’ Compensation Board relieved the Special Fund from liability, concluding that the pre-existing impairment did not materially and substantially increase the permanent disability beyond what the subsequent injury alone would have caused. The appellate court affirmed the Board's decision, citing substantial evidence.

Workers' CompensationSpecial FundPermanent Total DisabilityPre-existing ConditionCausal RelationshipCerebellar DegenerationHead InjuryMedical OpinionImpartial Medical ExaminerAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Thomas v. Aetna Life & Casualty Co.

Arnold Rae Thomas, an employee of J.T. Baker Chemical Company, sustained a back injury on March 17, 1986, while at work, leading to an award of 52% permanent partial disability by the trial court. This disability comprised 40% for physical impairment and 12% for the aggravation of a pre-existing mental condition. The employer appealed, contesting the credibility of the employee's medical evidence and arguing that the evidence did not support the award. The case involved conflicting testimonies from several medical experts regarding the causation and extent of the disability, including discussions on pre-existing mental health issues. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the trial court's findings, especially concerning the aggravation of a pre-existing condition by the work-related injury.

Workers' CompensationPermanent Partial DisabilityBack InjuryAggravation of Pre-existing ConditionMental Health ImpairmentBipolar DisorderMedical Expert TestimonyAppellate ReviewCausationEvidence Preponderance
References
10
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
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