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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 Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. ADJ3388364 (VNO 0526713) ADJ2633182 (VNO 0342427)
Regular
Oct 24, 2014

RICHARD FROMKNECHT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The applicant sought reconsideration of a decision denying him benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant claimed a pre-existing disability from a 1996 spinal injury caused further permanent disability with a subsequent 1998 spinal injury. However, both injuries became permanent and stationary concurrently, meaning there was no distinct pre-existing ratable disability at the time of the second injury. Therefore, the applicant did not meet the criteria for SIBTF benefits under Labor Code section 4751, and his petition for reconsideration was denied.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Petition for ReconsiderationFindings and OrderStipulations with Requests for AwardsAgreed Medical Evaluatorapportionmentpermanent and stationarypreexisting disabilityindustrial injury
References
0
Case No. MISSING
Regular Panel Decision
Jan 24, 2005

Claim of Jones v. New York State Department of Correction

The claimant, a bus driver for the New York City Department of Correction, sustained work-related injuries to her right shoulder and back in September 1998. After surgery in 1999, she sought treatment in 2001 for left shoulder pain, alleging it was a consequential injury from favoring her right shoulder. While a Workers’ Compensation Law Judge initially found a causally related consequential injury, the Workers’ Compensation Board reversed this decision. The Appellate Division affirmed the Board's decision, emphasizing the Board's authority to make its own factual findings and resolve conflicting medical evidence. The Board found the self-insured employer’s medical consultant more credible than the claimant’s physician, and its decision was supported by substantial evidence.

Workers' Compensation Board DecisionAppellate DivisionCausal RelationshipConsequential InjuryCredibility of WitnessesConflicting Medical EvidenceShoulder InjuriesBus DriverNew York City Department of CorrectionAffirmed Decision
References
3
Case No. ADJ4365742 (LBO 0352703) ADJ4152332 (LBO 0357943) ADJ940369 (LAO 0870317)
Regular
Mar 04, 2011

MICHAEL SUMMERS vs. NATIONWIDE PAPERS, SEDGWICK CLAIMS MANAGEMENT

This case concerns applicant Michael Summers' petition for reconsideration of a workers' compensation award for a right knee injury sustained in 1998. The administrative law judge (WCJ) found the applicant's permanent disability arose solely from the 1998 injury and was correctly rated under the 1997 schedule. Applicant argued for a single award for multiple injuries, including a later one, and use of the AMA Guides, but the WCJ relied on the treating physician's opinion that only the 1998 injury caused disability. The Appeals Board affirmed the WCJ's decision, finding the 1997 schedule properly applied based on pre-2005 medical reports.

Workers Compensation Appeals BoardNationwide PapersSedgwick Claims ManagementMichael SummersTruck DriverIndustrial InjuryRight KneePermanent DisabilityApportionmentDr. Rothi
References
4
Case No. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. MISSING
Regular Panel Decision
Apr 06, 1998

Williams v. Brentwood Wholesale, Inc.

The plaintiff in a personal injury action appealed an order and judgment from the Supreme Court, Suffolk County, dated April 6, 1998. The order had granted the defendants' motion for summary judgment and dismissed the complaint. The appellate court affirmed the order and judgment, concurring with the Supreme Court's decision. The basis for the affirmation was that the plaintiff's personal injury cause of action was barred by the exclusive remedy provisions of the Workers' Compensation Law, citing the precedent set in Gonzales v Armac Indus., 81 NY2d 1.

Personal InjurySummary JudgmentWorkers' Compensation LawExclusive RemedyAppellate ReviewSuffolk CountyDamagesDismissalSupreme CourtProcedural History
References
1
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision

Bernthon v. Utica Mutual Insurance

Petitioner was involved in a work-related motor vehicle accident in September 1995 and received workers’ compensation benefits for a knee injury. He settled a third-party action for $34,500 in February 1998 without the consent of his employer's workers' compensation carrier, Utica Mutual Insurance Company. Utica Mutual learned of the settlement in May 1998 but never provided consent. One year after the settlement, petitioner sought judicial approval, nunc pro tunc, for the settlement, which the Supreme Court denied, citing a lack of reasonable excuse for the delay. The court also denied a subsequent motion for reconsideration. The appellate court affirmed the Supreme Court's decision, finding no abuse of discretion and reiterating that the responsibility for obtaining carrier consent or seeking a compromise order rests with the petitioner.

Workers' Compensation LawThird-Party SettlementNunc Pro Tunc ApprovalCarrier ConsentJudicial DiscretionDelay in ApplicationReasonable ExcusePrejudice to CarrierLoss of Future BenefitsMotion for Reconsideration
References
21
Case No. MISSING
Regular Panel Decision

Claim of Huss v. Tops Markets, Inc.

In 1985, claimant sustained a right shoulder injury while employed by Dunlop Tire, resulting in a permanent partial disability. In 1998, he re-injured the same shoulder while working for Tops Markets, Inc., leading to a new workers' compensation claim. An impartial specialist attributed 85% of the disability to the 1985 injury and 15% to the 1998 injury. Although a Workers' Compensation Law Judge initially rejected apportionment, the Board reversed and applied the 85/15 apportionment. Claimant appealed, contending apportionment was unwarranted due to his disclosure of the prior injury and lack of prior disability symptoms. The Appellate Division affirmed the Board's decision, finding substantial medical evidence to support the apportionment.

Workers' CompensationPermanent Partial DisabilityApportionmentPrior InjuryShoulder InjuryCausal RelationshipMedical Expert TestimonyBoard DecisionAppellate ReviewExacerbation
References
3
Case No. ADJ4706807 (POM 0239620) ADJ1530155 (POM 0271597)
Regular
Jan 13, 2010

SANDRA ZITO vs. RIALTO UNIFIED SCHOOL DISTRICT, ACE/USA administered by ESIS, (formerly administered by Keenan & Associates), CIGA by CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board rescinded prior decisions and remanded two cases for further proceedings. The Board found issues with how permanent disability was calculated and apportioned for the applicant's 1998 and 2003 back injuries. Specifically, the calculations for the 1998 injury were incorrect under the old rating schedule, and the apportionment for the 2003 injury lacked sufficient evidence of overlap. The Board also ordered clarification on liability for future medical treatment.

CIGAESISApportionmentPermanent DisabilityReconsiderationIndustrial InjuryMedical TreatmentPetition to ReopenStipulation with Request for AwardAME
References
20
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