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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Robert Croysdill v. Old Republic Insurance Co.

Robert Croysdill, an injured worker, appealed a summary judgment ruling in favor of Old Republic Insurance Company in a workers' compensation case. Croysdill sustained a back injury in 1997 and later settled an impairment rating dispute, preserving his right to medical benefits. When Old Republic subsequently challenged the necessity of his ongoing medical treatment, a DWC hearing officer ruled against Croysdill. The appellate court reviewed the trial court's decision, which had affirmed the DWC's finding. The court reversed in part, concluding that a fact issue existed regarding whether "chronic lumbar radiculitis" resulted from the compensable injury, and also reversed the summary judgment on Croysdill's breach of settlement claim, while affirming other aspects.

Workers' CompensationSummary JudgmentAppealJudicial ReviewExtent of InjuryCausationExpert TestimonyDegenerative Disc DiseaseRes JudicataCollateral Estoppel

References

Case No. MISSING

Regular Panel Decision

Clemente v. Schweiker

The plaintiff initiated an action under 42 U.S.C. § 405 to appeal a final decision by the defendant, which had denied his application for a period of disability and disability insurance benefits. An Administrative Law Judge (ALJ) previously concluded in May 1982 that the 62-year-old plaintiff, a longshoreman suffering from chronic bronchitis, emphysema, arthritis, and other severe conditions, was not disabled, deeming his impairments mild and resulting from the aging process. The District Judge found that the ALJ had misapplied 20 C.F.R. § 404.1521 by focusing on the plaintiff's ability to perform 'most jobs' rather than assessing whether his impairments significantly limited his ability to perform 'basic work activities,' such as lifting. Medical reports from treating physician Dr. Harold Coppersmith and consulting neurologist Dr. Stephen Gilbert consistently indicated the plaintiff's inability to perform heavy work and, in Dr. Gilbert's opinion, rendered him totally disabled due to conditions like cervical spondylosis, labyrinthine disturbance, and cervical radiculitis. Consequently, the case was remanded for further proceedings within 120 days, instructing the ALJ to properly consider the plaintiff's residual functional capacity, age, education, and past work experience as required by law.

Disability Insurance BenefitsSocial Security ActAdministrative Law JudgeSevere ImpairmentBasic Work ActivitiesResidual Functional CapacityLongshoremanCervical SpondylosisLabyrinthine DisturbanceVocational Factors

References

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Robert Croysdill v. Old Republic Insurance Co.

Workers' CompensationSummary JudgmentAppealJudicial ReviewExtent of InjuryCausationExpert TestimonyDegenerative Disc DiseaseRes JudicataCollateral Estoppel

Clemente v. Schweiker