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

Case No. 2015184839
Regular Panel Decision
Nov 17, 2015

Lallo, Ralph Joseph v. Marion Environmental, Inc.

Ralph Joseph Lallo, an employee, filed a motion seeking temporary disability benefits against his employer, Marion Environmental, Inc. Mr. Lallo sustained a compensable injury to his right upper extremity on April 2, 2015. The court found that Marion Environmental, Inc. did not terminate Mr. Lallo for cause, and thus, his separation would not preclude him from receiving temporary partial disability benefits. Medical evidence from Dr. Donald Huffman indicated substantial restrictions on Mr. Lallo's right arm, rendering him partially disabled. The court concluded that Mr. Lallo was entitled to temporary partial disability benefits and ordered Marion Environmental, Inc. to pay past benefits from May 1-6, 2015, and from September 28, 2015, onward at a compensation rate of $696.03 per week.

Workers' Compensation BenefitsTemporary Partial DisabilityUpper Extremity InjuryOrthopedic DiagnosisEmployment TerminationMedical Work RestrictionsWage Loss ClaimsExpedited Hearing DecisionEmployer Accommodation DisputeDr. Donald Huffman
References
9
Case No. 2016-06-0327
Regular Panel Decision
Jun 16, 2016

Frye, Annette v. Vincent Printing Co.

Annette Frye, an employee of Vincent Printing Co., sought medical and temporary partial disability benefits after sustaining an injury at work. She experienced dizziness and fell while wiping machines with denatured alcohol, resulting in injuries to her right arm and side. The employer and its carrier denied the claim, asserting an idiopathic fall. However, the court found her injury arose from employment, granting medical benefits and temporary partial disability benefits from January 15, 2016, to February 22, 2016. Further temporary partial disability benefits were denied after February 22, 2016, because Ms. Frye failed to attempt available light-duty work.

Expedited HearingMedical BenefitsTemporary Partial DisabilityIdiopathic Injury DefenseWork Injury FallDenatured Alcohol ExposureOccupational Health ServicesReturn to Work RestrictionsCausation AnalysisEmployer's Duty to Accommodate
References
5
Case No. 2016-03-0223
Regular Panel Decision
Nov 14, 2016

Boyd, David v. Tennessee Children's Home

David Boyd, an employee of Tennessee Children's Home, sustained a right wrist injury on August 21, 2014, in a work-related incident. After surgery and medical restrictions, his hours were significantly reduced from August 14, 2015, despite his employer's accommodation of his restrictions prior to that date. Boyd sought temporary partial disability benefits for the period of reduced hours while he was still treating for his injury and under medical restrictions. The Workers' Compensation Judge, Lisa Lowe Knott, found that Boyd sustained a loss of income during this period due to the reduction in hours. The Court granted his request for past temporary partial disability benefits in the amount of $1,323.89, ruling that an employer is responsible for these benefits if they do not offer a partially disabled employee work making the same pre-injury income.

Temporary Partial DisabilityWorkers' CompensationRight Wrist InjuryReduced HoursLoss of IncomeMedical RestrictionsEmployment AccommodationExpedited HearingTennessee LawImpairment Rating
References
6
Case No. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

Findley, Jack v. Volswagen Group of America, Inc.

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. 2016-01-0471
Regular Panel Decision
Dec 13, 2016

Stallion, Samuel v. Trugreen, L.P.

Samuel Stallion, an employee of TruGreen, L.P., sought medical and temporary partial disability benefits for a back and right-leg injury sustained on February 25, 2016, while lifting a truck tailgate. The Court of Workers' Compensation Claims at Chattanooga found his injury compensable, determining that the work incident aggravated a pre-existing degenerative disc disease. The decision ordered TruGreen to provide a panel of orthopedic or neurosurgeons for Stallion's ongoing care in North Carolina and awarded $4,567.54 in past-due temporary partial disability benefits for the period of March 1 to August 9, 2016. However, Stallion's claims for TPD benefits after August 9, 2016, and payment of Parkridge East Medical Center bills were denied.

Workers' Compensation ClaimExpedited HearingMedical Benefits AwardedTemporary Partial DisabilitySpinal InjuryLumbar PainAggravationPreexisting ConditionMedical CausationMMI Date
References
6
Case No. 2018-01-0349
Regular Panel Decision
Jan 24, 2019

Rhodes, Jason v. Amazon.com, LLC

Jason Rhodes, an employee of Amazon, sustained a foot injury and sought medical care and temporary partial disability benefits. The dispute arose when Mr. Rhodes declined to see an orthopedist referred by Amazon's authorized treating physician, Dr. Natasha Ballard, citing distance, and instead saw Dr. Jesse Doty. Mr. Rhodes argued that Amazon's practice of directing referrals to a single orthopedist effectively usurped his right to choose a physician under Tennessee law. The Court found Amazon's method of compelling referrals to a specific specialist by removing the treating physician's neutrality was contrary to the spirit of the direct-referral statute. Consequently, the Court ordered Amazon to provide a new panel of orthopedists and to pay Mr. Rhodes temporary partial disability benefits for the period he was out of work.

Workers' CompensationExpedited HearingMedical BenefitsTemporary Partial DisabilityPhysician ChoiceEmployer Referral PolicyOrthopedist PanelCommunity of ResidenceMedical Treatment DisputeFoot Injury
References
4
Case No. 2017-05-0540
Regular Panel Decision
Mar 26, 2018

Johnson, Renee vs. Valeo, Inc.

Renee Johnson, a production supervisor for Valeo, Inc., was terminated after sustaining a left shoulder and wrist injury. Valeo claimed she falsified timesheets, but Ms. Johnson argued she was entitled to overtime for Monday morning work, and the discrepancy was due to a computer system limitation. The Court found Ms. Johnson's explanation credible and noted that another supervisor, Mr. Dysart, engaged in similar behavior without discipline. The Court determined that Ms. Johnson's actions did not constitute misconduct under established workplace rules and therefore granted her request for temporary partial disability benefits. Valeo was ordered to pay Ms. Johnson temporary partial disability benefits from May 1, 2017, through the order's date, totaling $39,841.86, and to continue payments until maximum medical improvement or return to work.

Temporary Partial DisabilityMisconduct TerminationTimesheet FalsificationWorkers' Compensation ClaimsOvertime CompensationWorkplace RulesEmployer LiabilityMedical RestrictionsShoulder InjuryWrist Injury
References
5
Case No. 2015-06-0419
Regular Panel Decision
Jan 26, 2016

McDade, Derrick v. Labor Ready

Derrick L. McDade, Sr. filed an Expedited Hearing Request for medical and temporary partial disability benefits after being struck by a vehicle on June 4, 2015, while on a paid break from his job at Labor Ready. The Court of Workers' Compensation Claims at Chattanooga, presided over by Judge Thomas Wyatt, reviewed the case based on file documents. Despite the employer's contention that Dr. Nevels deemed the injury non-compensable, the court interpreted Dr. Nevels' comment as related to the injury occurring during a break, which Tennessee law considers compensable. The Court found Mr. McDade likely to prevail, granting him medical benefits and temporary partial disability benefits of $128.70 per week from July 20, 2015, until his return to work or maximum medical improvement.

Expedited HearingMedical BenefitsTemporary Partial DisabilityAutomobile AccidentWorkplace InjuryPaid BreakScope of EmploymentCausationMedical OpinionLegal Precedent
References
10
Case No. No. 13
Regular Panel Decision

Fagg v. Hutch Manufacturing Co.

This workers' compensation case involved an appeal by Hutch Manufacturing Company and its insurance carrier concerning an employee, Mrs. Fagg, who sustained a compensable injury. The appeal raised issues regarding the duration of temporary total disability (TTD) benefits, the extent of permanent partial disability (PPD), a 6% penalty for unpaid installments, and medical expenses. The Court dismissed a preliminary appeal as interlocutory. It found the trial court erred in determining the termination date of TTD, concluding that Mrs. Fagg's TTD benefits should cease on October 9, 1984, the latest date for maximum medical recovery according to Dr. Coughlin's evaluations. The Court affirmed the trial court's award of 65% PPD to the body as a whole, emphasizing the consideration of non-medical factors in assessing disability. Furthermore, the Court upheld the 6% penalty on unpaid compensation installments due to the employer's demonstrated bad faith. The case was remanded for a more explicit allocation of medical expenses.

Temporary Total DisabilityPermanent Partial DisabilityMedical Impairment RatingJudicial ReviewRemandPenalty for Non-PaymentMedical EvidenceObjective SymptomsSubjective ComplaintsWorkers' Compensation Appeal
References
12
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