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Mary Hernandez, an employee of Calico Corners, sustained a work-related wrist injury and was treated by Dr. William Lowe. Dr. Lowe completed Texas Workers’ Compensation Work Status Reports (WSRs) throughout her recovery. Following a Functional Capacity Examination (FCE), Dr. Lowe mistakenly reported a permanent five-pound lifting restriction for Hernandez instead of fifty pounds, despite the FCE showing she could lift up to fifty pounds for some tasks. Calico Corners terminated Hernandez's employment based on this erroneous permanent restriction, as her job required lifting up to fifty pounds. Hernandez sued Dr. Lowe for negligence, claiming his misreporting and failure to correct the error caused her termination. A jury found Dr. Lowe 100% negligent, awarding Hernandez $179,589 in damages. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence of Dr. Lowe's negligence and rejecting his arguments regarding expert testimony, contributory negligence, and charge errors.
William Lowe, M.D. v. Mary Hernandez is a workers' compensation case decided in Texas Court of Appeals, 2nd District (Fort Worth). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 2nd District (Fort Worth).
Full Decision Text1 Pages
Mary Hernandez, an employee of Calico Corners, sustained a work-related wrist injury and was treated by Dr. William Lowe. Dr. Lowe completed Texas Workers’ Compensation Work Status Reports (WSRs) throughout her recovery. Following a Functional Capacity Examination (FCE), Dr. Lowe mistakenly reported a permanent five-pound lifting restriction for Hernandez instead of fifty pounds, despite the FCE showing she could lift up to fifty pounds for some tasks. Calico Corners terminated Hernandez's employment based on this erroneous permanent restriction, as her job required lifting up to fifty pounds. Hernandez sued Dr. Lowe for negligence, claiming his misreporting and failure to correct the error caused her termination. A jury found Dr. Lowe 100% negligent, awarding Hernandez $179,589 in damages. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence of Dr. Lowe's negligence and rejecting his arguments regarding expert testimony, contributory negligence, and charge errors.
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