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

Case No. 2017-08-0407
Regular Panel Decision
Oct 10, 2018

Person, Michael v. Guardian Industries Corp.

Michael Person, an employee of Guardian Industries, sought additional medical benefits for a neck injury sustained while lifting a pump. He received care from neurosurgeon Dr. John Brophy, who initially attributed over 51% of his ongoing symptoms to pre-existing cervical spondylosis, making the claim non-work-related. After clarification requests, Dr. Brophy later stated the work injury 'more likely than not' caused an aggravation of the pre-existing condition. However, further deposition clarified that the pre-existing spondylosis accounted for over 51% of his ongoing symptoms. The Court, comparing this to prior cases like Vercek and Willis, found Mr. Person failed to prove he was likely to prevail, as Dr. Brophy related the current need for treatment more to the pre-existing condition than the work injury aggravation. Consequently, the Court denied the requested additional medical benefits.

Workers' CompensationExpedited HearingMedical BenefitsPre-existing ConditionCausationCervical SpondylosisRadiculopathyAggravationBurden of ProofNeurosurgeon Opinion
References
4
Case No. ADJ8121071
Regular
Aug 19, 2016

BINH NGUYEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, affirming the award of temporary total disability benefits. However, the Board amended the decision regarding permanent disability apportionment. The Board found Dr. Halbridge's opinion of 20% non-industrial apportionment for pre-existing cervical spondylosis to be substantial evidence. Consequently, the applicant's permanent disability was reduced to 13%, reflecting this apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardTemporary Total DisabilityPermanent DisabilityApportionmentQualified Medical Evaluator (PQME)Dr. Neil J. Halbridgeorthopedic surgerycumulative trauma
References
2
Case No. 2017-07-0322
Regular Panel Decision
Mar 23, 2018

Smith, Kenneth vs. Archer Daniels Midland Co.

Mr. Smith, an employee of Archer Daniels Midland Co., sought medical and temporary disability benefits for a neck injury sustained while working. The employer denied the claim, asserting the injury did not arise out of employment. The Court, presided over by Judge Allen Phillips, heard the dispute and found Mr. Smith credible. It ruled that Mr. Smith's work injury aggravated his previously asymptomatic spondylosis, leading to the need for surgery. The Court ordered ADM to continue providing medical benefits, including the recommended surgery, and to pay temporary partial disability benefits to Mr. Smith.

Workers' CompensationNeck InjurySpondylosisCausationMedical BenefitsTemporary DisabilityExpedited HearingAggravation of Preexisting ConditionNeurosurgeon OpinionMedical Certainty
References
5
Case No. 2019-07-0191
Regular Panel Decision
Mar 26, 2020

Gillum, Mary v. Dollar General Corp.

The Court held an Expedited Hearing regarding Mary Gillum's request for medical and temporary disability benefits for an alleged cervical injury sustained while working for Dollar General Corp. Dollar General contended the injury did not arise primarily out of employment and moved for dismissal, which the Court denied. The Court found sufficient proof that Ms. Gillum is likely to prevail at trial regarding an acute cervical strain, though not for her underlying chronic cervical spondylosis. Consequently, the Court ordered Dollar General to provide a panel of physiatrists for nonoperative treatment for her acute cervical strain and to pay temporary disability benefits from the date of injury through April 20, 2018.

Workers' CompensationCervical InjuryAcute StrainTemporary Disability BenefitsMedical BenefitsCausationExpedited HearingSpondylosisDegenerative ChangesPanel of Physicians
References
2
Case No. 2025-10-5344
Regular Panel Decision
Feb 26, 2026

Pinkham, Timothy W. v. Davis Enterprises of Tennessee, LLC

Mr. Pinkham requested benefits which Davis Enterprises denied due to a lack of medical causation. Mr. Pinkham alleged a neck and shoulder injury while climbing into his truck on August 9, 2025. However, the panel-selected orthopedist, Dr. Rickey Hutcheson, determined that Mr. Pinkham’s significant cervical spondylosis was not work-related and diagnosed a degenerative labral tear. Dr. Hutcheson opined that the claimed mechanism of injury was not 50% or more the cause of his need for treatment for his right shoulder. Based on Dr. Hutcheson's presumed correct causation opinion, which Mr. Pinkham failed to rebut, the Court denied the request for benefits for a second opinion or appointment of a neutral physician.

Workers' CompensationMedical CausationExpedited HearingDegenerative ConditionCervical SpondylosisLabral TearPresumption of CorrectnessNeutral PhysicianSecond OpinionRight Shoulder Injury
References
1
Case No. MISSING
Regular Panel Decision

Knight v. Astrue

Plaintiff Llewelyn M. Knight applied for disability insurance benefits (DIB), which were denied by the Commissioner of Social Security. Plaintiff sought judicial review, alleging disability due to herniated and bulging discs and cervical spondylosis. The Administrative Law Judge (ALJ) initially denied the claim, finding Plaintiff not disabled and able to perform sedentary work. This court reviewed the ALJ's decision, addressing Plaintiff's arguments regarding impairment listings, residual functional capacity, the need for a vocational expert, credibility, and an independent medical examiner's opinion. Ultimately, the court found substantial evidence supporting the Commissioner's decision, granted the Commissioner's motion for judgment on the pleadings, and denied Plaintiff's motion, dismissing the case.

Disability BenefitsSocial Security ActSedentary WorkResidual Functional CapacityAdministrative Law JudgeMedical-Vocational GuidelinesCredibility AssessmentSpinal DisordersNerve Root CompressionMotor Loss
References
41
Case No. 2016-01-0701
Regular Panel Decision
May 09, 2017

Crabtree, Daryl v. Eaton Corporation

Daryl Crabtree, an employee of Eaton Corporation, sought additional medical benefits with an unauthorized doctor, Dr. Scott Hodges, for a low-back injury sustained in August 2015. Crabtree had initially received authorized treatment from Dr. Rickey Hutcheson, who diagnosed him with a lumbar strain and spondylosis, determined he reached maximum medical improvement (MMI) with a 2% impairment, and discharged him. Dr. Hodges later recommended surgery, contingent on reviewing additional medical records. Eaton denied Crabtree's request for a second opinion and further treatment, relying on Dr. Hutcheson's opinion. The Court of Workers' Compensation Claims at Chattanooga denied Crabtree's request for expedited relief, ruling that he was unlikely to rebut the statutory presumption of correctness afforded to the authorized treating physician's opinion. The court also clarified that no entitlement to a second opinion existed since Dr. Hutcheson had not recommended surgery.

Back InjuryMedical Benefits DisputeExpedited HearingAuthorized Treating PhysicianUnauthorized PhysicianMedical Impairment RatingCausation DisputePre-existing ConditionLumbar StrainSpinal Stenosis
References
4
Case No. 2016-08-0701
Regular Panel Decision
Sep 07, 2017

Gueye, Kine v.Federal Express Corp.

Kine Gueye, an employee of Federal Express Corp., sustained a low back injury on April 9, 2015. Federal Express stipulated a compensable low back injury and agreed to provide reasonable medical treatment for it. However, the dispositive issue was whether Ms. Gueye's additional complaints of muscle weakness, paresthesia, dizziness, ataxia, and 'brain compression' causally related to this work injury and entitled her to additional medical and disability benefits. The authorized treating physician, Dr. Arsen Manugian, released Ms. Gueye at maximum medical improvement on June 25, 2015, with no restrictions, attributing her continued low back and leg pain to pre-existing spondylosis. Despite Ms. Gueye's testimony that these symptoms began after her fall, the court found insufficient medical evidence to establish a causal link to the work injury. Consequently, the court denied Ms. Gueye's request for additional medical and temporary or permanent disability benefits for these other complaints, affirming that she is only entitled to future medical treatment from Dr. Manugian for her work-related low back strain.

Workers' Compensation ClaimsCausation DisputeLumbar StrainPre-existing ConditionsMedical Opinion EvidenceDisability Benefits DenialExpedited Hearing OutcomeNeurological SymptomsWorkers' Compensation JudgeTennessee Labor Law
References
7
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
1
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