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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

Claim of Knouse v. Millshoe

The claimant sustained a work-related back injury in 1987, leading to a permanent partial disability. After returning to light-duty work, he ceased employment in January 1991 following a grand larceny charge to which he later pleaded guilty to petit larceny. He subsequently sought workers' compensation benefits, attributing his inability to work to the 1987 injury. The Workers’ Compensation Board affirmed that the claimant voluntarily withdrew from the labor market, but also apportioned his disability for a specific period as 50% causally related to the 1987 injury. The Appellate Division reversed the Board's determination of voluntary withdrawal, finding it unsupported by substantial evidence given uncontroverted medical opinions of total disability. However, the court affirmed the Board's decision regarding the apportionment of disability and remitted the matter for further proceedings to assess reduced earnings.

Voluntary WithdrawalLabor MarketDisability BenefitsMedical TestimonyAppellate DivisionBoard Decision ReversalCausal RelationPreexisting Medical ConditionReduced EarningsWork-Related Injury
References
8
Case No. LAO 0833762
Regular
Sep 07, 2007

IRMA MARTINEZ, IRMA A. NAVAREZ-MARTINEZ vs. CORONA CLIPPER, STATE COMPENSATION INSURANCE FUND, LIBERTY MUTUAL INSURANCE COMPANY, AMERICAN HOME ASSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case for further proceedings. This action defers the issue of injury to the psyche while affirming findings of industrial injury to the back, neck, shoulders, elbows, wrists, and fibromyalgia, based on a cumulative trauma period ending August 23, 1999. Fibromyalgia was properly considered as an issue, and substantial evidence supports the established cumulative trauma period and related injuries, despite the defendant's contentions.

FibromyalgiaCumulative traumaDate of injuryMandatory settlement conferenceIndustrial injuryAgreed medical examinationRheumatologistOccupational diseaseSubstantial evidenceStipulation
References
11
Case No. ADJ2146690 (VNO 0489062)
Regular
Dec 02, 2011

SHING LING CHI vs. LA TRADE-TECHNICAL COLLEGE

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration, upholding the Supplemental Findings and Award. The Defendant's petition was found to misstate and present facts not in evidence, violating procedural rules. Medical evidence from AMEs Dr. Levine and Dr. Stalberg supported an industrial injury for the period of February 1999 through January 22, 2004, despite the Defendant's arguments. The Board affirmed that the applicant sustained a new period of temporary disability in 2004 due to this subsequent period of injurious exposure.

Workers' Compensation Appeals BoardReconsideration DeniedContinuous Trauma InjuryOrthopedic InjuryFibromyalgiaPsychiatric InjurySupplemental Findings and AwardPetition for ReconsiderationAdministrative Law JudgeMedical Expert Opinion
References
1
Case No. ADJ4258158 (OXN 0128983) ADJ4450153 (OXN 0136267)
Regular
Jun 01, 2010

BRENDA K. ROACH vs. BRIDAL TRADITIONS, CALIFORNIA INDEMNITY INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves California Indemnity Insurance Company (CIIC) seeking reconsideration of a Workers' Compensation Arbitrator's decision. CIIC disputes the finding of a single cumulative trauma injury period and the assigned date of injury, arguing for a longer exposure period. The Appeals Board granted reconsideration and amended the prior findings to establish one cumulative trauma injury from March 5, 1999, through November 24, 2002. The original decision regarding CIIC's contribution claim against Preferred Employers Insurance Company was otherwise affirmed.

Cumulative traumaDate of injuryLabor Code section 5412Labor Code section 5500.5Petition for ContributionReconsiderationFindings and OrderCompromise and ReleaseAnti-merger statutesApportionment
References
2
Case No. MISSING
Regular Panel Decision

Truly v. Regan

Petitioner, employed by Brooklyn Developmental Center, sustained a lower back and left leg injury in January 1986. After a period of inactivity, she stopped working in March 1987 due to her injuries and began receiving workers' compensation benefits. In February 1988, her applications for ordinary disability retirement benefits (under Retirement and Social Security Law art 14) and article 15 disability retirement benefits (under art 15) were denied by the respondent. The ordinary disability application was denied because she was not 'in service' at the time of filing, having been terminated in May 1987. The article 15 disability application was deemed untimely, as it was filed in February 1988, beyond the three-month window from her last payroll date of March 27, 1987, and she lacked approved medical leave. The court confirmed the denial and dismissed her petition.

Disability RetirementOrdinary Disability BenefitsArticle 15 Disability BenefitsIn Service RequirementTimely FilingCPLR Article 78 ProceedingEmployment TerminationMedical LeaveNew York State Employees' Retirement SystemAlbany County
References
5
Case No. MISSING
Regular Panel Decision

Vandewalker v. Snowball Tree Farm, Inc.

Claimant sustained a left foot injury in November 1982, leading to amputation and subsequent surgeries. The Workers' Compensation Law Judge (WCU) initially found a 70% schedule loss of use, later increasing it to 100% after further medical examination in August 1987. The WCU awarded compensation at $105 per week, with a temporary total disability rate of $183.33 for a specific period. The employer appealed, and the Workers' Compensation Board modified the award, asserting the permanent partial disability rate of $105 per week applied for the entire schedule loss. Claimant appealed this modification, arguing for the higher temporary total disability rate during the protracted healing period. The court affirmed the Board's decision, holding that the injury was classified as a permanent partial disability dating from the accident, and therefore the maximum permanent partial disability rate of $105 per week was appropriate for the entire award period.

Schedule Loss of UsePermanent Partial DisabilityTemporary Total DisabilityAverage Weekly WageAmputationBenefit ModificationAppellate ReviewMedical Examiner ReportJudiciary LawFoot Injury
References
9
Case No. MISSING
Regular Panel Decision
Sep 12, 2001

Claim of Oberson v. Bureau of Ferry Aviation & Transportation

The claimant was terminated from his employment as a marine oiler after a physical altercation with his supervisor in January 1993. He sought workers' compensation benefits, claiming a compensable psychological injury from the altercation. A Workers’ Compensation Law Judge disallowed the claim due to the claimant's failure to timely notify the employer of his injury. The Workers’ Compensation Board affirmed this decision, which was subsequently affirmed on appeal. Although the employer had actual knowledge of the altercation and termination, there was no indication they had actual knowledge of a psychological injury stemming from the altercation until 1999, approximately six years later. The Board's determination that the employer did not have timely notice and was prejudiced by the delay was supported by substantial evidence.

Workers' Compensation NoticePsychological Injury ClaimTimeliness of NoticeEmployer PrejudiceActual KnowledgeWorkplace AltercationEmployment TerminationWorkers' Compensation Board AffirmationAppellate ReviewStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Feb 17, 1999

Claim of Curtis v. Village of Lynbrook

The Village of Lynbrook and its workers’ compensation carrier appealed a Workers’ Compensation Board decision affirming that the claimant sustained a compensable injury. The claimant, a detective on disability leave, was involved in an off-duty incident where he attempted an arrest for a vehicle violation, leading to him being shot. The employer argued that the claimant was unfit for duty and that his injuries were not work-related, also citing his blood alcohol level. The court affirmed the Board's decision, finding substantial evidence that the claimant was authorized to make arrests and that his intoxication was not the sole cause of the injury.

Workers' CompensationCompensable InjuryLine of Duty InjuryOff-Duty ConductPolice OfficerIntoxication DefenseScope of EmploymentAppellate ReviewWorkers' Compensation BoardNassau County
References
3
Case No. MISSING
Regular Panel Decision

Matter of Wetterau v. Canada Dry

The claimant sustained two work-related back injuries in 1999 and 2005 while working for the same employer. The 1999 claim was closed in 2000, and the 2005 claim resulted in a permanent partial disability classification, with the carrier making ongoing payments. Both claims were reopened to determine apportionment and the applicability of Workers' Compensation Law § 25-a to the 1999 claim. The Workers' Compensation Board ruled that liability for the 1999 claim shifted to the Special Fund for Reopened Cases, finding no advance payment of compensation by the carrier on the 2005 claim attributable to the 1999 injury. The Board concluded that the two injuries were distinctly different, and the carrier was not on notice that payments for the 2005 claim encompassed the 1999 claim. This decision to shift liability was affirmed on appeal, without costs.

Special Fund for Reopened CasesWorkers’ Compensation Law § 25-aLiability ShiftAdvance Payment of CompensationApportionmentPermanent Partial DisabilityBack InjuryAnkle InjuryPreexisting ConditionSubstantial Evidence
References
7
Case No. ADJ6693720
Regular
Mar 15, 2010

KERRY NECHODOM vs. CITY OF GROVER BEACH

The Workers' Compensation Appeals Board granted reconsideration to amend the date of injury for Kerry Nechodom's right shoulder injury in case ADJ6693720 from February 3, 2007 - September 10, 2009 to August 12, 2008 - September 10, 2009. This amendment acknowledges a separate cumulative trauma injury due to distinct periods of disability and lack of continuous treatment between injuries. The Board affirmed the original award, finding that the applicant sustained two separate cumulative trauma injuries causing distinct periods of temporary disability. The employer's arguments regarding the cumulative trauma period and Labor Code $\S 4656$ limitations were addressed and resolved by this clarification.

Workers' Compensation Appeals BoardKerry NechodomCity of Grover BeachADJ6693720ADJ5791464ReconsiderationJoint Findings and AwardIndustrial InjuryRight ShoulderCumulative Injury
References
11
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