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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

What Happened in Felix vs. Weber Metals Reconsideration?

William Eugene Vines, the plaintiff, sustained two work-related back injuries in 1967 and 1970 while employed by Murray Ohio Manufacturing Company. He was subsequently discharged in 1970 due to excessive absences. In 1971, a neurosurgeon diagnosed a ruptured disc, for which Vines underwent surgery. The defendant appealed a 40% permanent partial disability award and a ruling on the statute of limitations. The Supreme Court affirmed that the one-year statute of limitations began from the date of the ruptured disc diagnosis in 1971. However, the court found error in the trial judge's inclusion of pre-existing rheumatoid arthritis in the disability assessment, as it lacked causal connection to the work injuries. The case was remanded to the trial court for a recalculation of permanent partial disability, excluding the effects of rheumatoid arthritis.

Permanent Partial DisabilityRuptured DiscStatute of LimitationsMedical DiagnosisRheumatoid ArthritisAggravation of Pre-existing ConditionTrial Court Findings of FactAppellate ReviewMedical ExpensesWork Injury
References
16
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Billy Lankford, an employee of P & L Construction, sought workers' compensation benefits after suffering a ruptured disc. The injury occurred after he sneezed, but was attributed by the trial court to a prior incident where he was struck by a dump truck tailgate. P & L Construction and their insurer, Auto-Owners Insurance, appealed the award of medical expenses and disability benefits, arguing insufficient medical evidence and an incorrect calculation of Lankford's average weekly wage as he received no direct compensation. The appellate court affirmed the finding that the injury arose out of employment, concluding that medical testimony combined with lay testimony supported the connection between the tailgate accident and the subsequent disc rupture. Regarding wages, the court affirmed the maximum benefit award, reasoning that even without direct wages, Lankford's earnings could be estimated by compensation paid to a similar employee, which entitled him to the maximum benefits.

Workers' CompensationRuptured DiscEmployment InjuryAverage Weekly WageMedical EvidenceCausationClosely-Held CorporationEmployee ShareholderTennessee LawAppellate Review
References
5
Case No. 2023-08-6277
Regular Panel Decision
Apr 17, 2024

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Mr. Miguel Olguin, an employee of Aztec Masonry, Inc., sustained a back injury on November 15, 2021. Following initial treatments, Dr. Glen Crosby, a spine surgeon, recommended a total disc replacement surgery after an MRI revealed a collapsed and ruptured disc. This surgery was subsequently denied by utilization review. Mr. Olguin requested temporary total disability benefits, an earlier pain management appointment, and a second opinion on the denied surgery. The Court of Workers’ Compensation Claims at Memphis, presided over by Judge Shaterra R. Marion, denied the request for temporary benefits and an earlier pain management appointment, but granted Mr. Olguin's request for a second opinion on the total disc replacement surgery.

back injuryruptured discdisc replacement surgerytemporary total disability benefitspain managementsecond medical opinionutilization review denialmedical treatment authorizationworkers' compensation law
References
3
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

American Home Assurance Company filed a motion for rehearing, presenting three assignments of error. The appellant challenged the legal and factual sufficiency of evidence supporting Coronado's total and permanent incapacity, specifically regarding hearsay testimony about a ruptured disc and his ability to perform work. American Home also questioned the application of the legal test for economic necessity when an injured worker returns to the same job. The court considered and overruled all three assignments, affirming its prior decision based on other probative evidence, including Dr. Albracht's testimony about Coronado's permanent nerve involvement.

total and permanent incapacitysufficiency of evidenceruptured disceconomic necessityworkers' compensationmedical testimonyjury findingsassignments of errormotion for rehearingappellate review
References
1
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

This worker's compensation case concerns an employee who suffered a back injury while lifting battery straps, leading to a ruptured disc and surgery. The trial court awarded 30% permanent partial disability, which the employer's insurer, Gould, Inc. and CNA Insurance Company, appealed. The Supreme Court affirmed the trial court's findings that the injury arose out of employment and that proper notice was given. However, the court reversed the trial court's decision to commute the employee's benefits to a lump sum, ruling that the statutory amendment allowing such commutation without employer consent could not be applied retroactively to the date of injury. The case was remanded for further proceedings consistent with the opinion.

Worker's CompensationPermanent Partial DisabilityBack InjuryRuptured DiscMedical TreatmentNotice RequirementLump Sum CommutationRetroactive ApplicationAppellate ReviewRemand
References
5
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

The Employer and Carrier appealed a posthumous award for disability and death benefits, granted from June 20, 1952, until the employee's death on February 27, 1953. The accident itself was not disputed, but its causal relation to the employee's death was questioned. The employee slipped at work, was caught by his knees over a shift lever, and remained suspended upside down. He immediately felt pain. Initially diagnosed as a ruptured vertebral disc, it was later determined he suffered from amyotrophic lateral sclerosis. Medical opinion, based on his prior good health and immediate illness after the accident, concluded that the accident aggravated the pre-existing disease and contributed to his death. The award was affirmed with costs to the Workmen's Compensation Board.

posthumous awarddisability benefitsdeath benefitscausationaggravation of pre-existing conditionamyotrophic lateral sclerosiswork accidentspinal cord injurynervous system diseasemedical opinion
References
0
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case addresses an appeal concerning the application of the statute of limitations in a worker's compensation claim. The plaintiff employee sustained an injury on July 30, 1979, but her permanent injury, a ruptured intervertebral disc, was not diagnosed until November 19, 1979. She filed suit on August 25, 1980. The core issue was whether the one-year statute of limitations began on the date of the accident or the date the disability manifested itself. Citing Hibner v. St. Paul Mercury Ins. Co., the court affirmed the trial court's decision, holding that the statute of limitations commences when the employee's disability manifests to a person of reasonable diligence, thereby affirming the plaintiff's award.

statute of limitationsworker's compensationpermanent injuryruptured intervertebral discdate of diagnosismanifestation doctrinemedical examinationlaminectomyback injurytrial court affirmation
References
1
Case No. 2021-08-0362
Regular Panel Decision
Jun 20, 2022

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Laundell Moss sustained a back injury on November 12, 2019, and reported it, but stated he never received a panel of physicians, leading him to seek self-funded treatment. He was diagnosed with a ruptured disc by neurosurgeon Dr. Fereidoon Parsioon, who performed surgery. Nationwide Surplus, LLC's workers' compensation carrier denied the claim and made no payments. Mr. Moss filed a Petition for Benefit Determination on April 6, 2021, more than one year after his injury. Nationwide Surplus, LLC moved for summary judgment, arguing the petition was filed outside the one-year statute of limitations. The Court granted the motion, finding the facts undisputed and dismissing Mr. Moss's claim with prejudice.

Workers' CompensationStatute of LimitationsSummary JudgmentBack InjuryRuptured DiscMedical TreatmentUntimely FilingPetition for Benefit DeterminationEmployer LiabilityCarrier Denial
References
1
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

In this worker's compensation case, the plaintiff-employee, Mrs. Hall, a sewing machine operator for Auburntown Industries, sustained a ruptured inter-vertebral disc. The injury occurred when she twisted to navigate a narrow space between machines while returning to her regular duties as instructed by her foreman. The defendant appealed the trial court's award of benefits, arguing that the injury did not 'arise out of' her employment, although it occurred 'in the course of' it. The court reviewed precedent regarding work-related injuries and determined that an injury has a rational causal connection to the work if it occurs while the employee is engaged in employment duties. Resolving any reasonable doubt in favor of the employee, the court found that the injury arose out of the employment and affirmed the Chancellor's decree.

Worker's CompensationBack InjuryRuptured DiscArising Out Of EmploymentCourse Of EmploymentCausal ConnectionIndustrial AccidentEmployee BenefitsAffirmationTwisting Injury
References
9
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case is an appeal in a worker’s compensation suit where Dersie Draper obtained a judgment for total and permanent disability, which the Texas Employers Insurance Association challenged. Draper, a 56-year-old laborer, sustained injuries to his left shoulder, back, and legs in a 1979 workplace accident. Despite returning to work due to financial necessity, medical testimony supported his claim of permanent disability due to a ruptured disc. The appellate court affirmed the trial court's judgment, ruling that evidence was sufficient to support the jury's finding of total and permanent disability. Additionally, the court overruled points of error concerning the exclusion of medical reports, deposition testimony, and alleged improper judicial comments during the trial.

Worker's Compensation AppealTotal Disability AwardPermanent DisabilitySufficiency of EvidenceMedical Expert TestimonyExclusion of EvidenceMyelogramRuptured DiscSpinal InjuryJudicial Comments
References
11
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