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

Case No. MISSING
Regular Panel Decision

Marshall v. Atlantic Container Line, GIE

The Secretary of Labor alleged that Atlantic Container Line (ACL) violated the Age Discrimination in Employment Act (ADEA) by involuntarily retiring employees at age 62, while ACL contended these retirements were exempt under ADEA § 4(f)(2). The court had previously denied summary judgment, noting factual questions regarding whether a 1974 amendment to ACL's pension plan constituted a subterfuge to evade the ADEA and if ACL relied in good faith on administrative regulations. Upon review of stipulated facts, the court found no evidence of subterfuge in ACL's plan amendment, which aimed to create promotional opportunities and harmonize retirement ages. Furthermore, ACL successfully established a good faith defense under the Portal-to-Portal Act, having relied on official administrative regulations despite conflicting advice from a Department of Labor representative. Consequently, the defendants' motion for summary judgment was granted.

Age DiscriminationEmployment ActPension PlanSubterfugeGood Faith DefenseSummary JudgmentMandatory RetirementEmployer LiabilityStatutory InterpretationDepartment of Labor
References
8
Case No. MISSING
Regular Panel Decision

Zapico v. Bucyrus-Erie Co.

This case addresses post-trial motions concerning the liability of Atlantic Container Lines (ACL), a stevedore, to Bucyrus-Erie Co., a truck-crane manufacturer and third-party plaintiff. The central issue is whether ACL enjoys immunity from contribution or indemnity claims under 33 U.S.C. § 905, following a jury finding that both Bucyrus-Erie's negligent manufacturing and ACL's incompetent employee (Antonio Fuet) equally contributed to the injury of Adolfo Millan and death of Joseph Zapico, ACL's employees. ACL argued it was immune as a compensation-paying stevedore and lacked an indemnity agreement. The court found that Bucyrus-Erie's claim was not 'on account of' the employee injury, but rather for partial indemnification based on ACL's implied warranty of workmanlike performance or a quasi-contractual theory. The court concluded that extending third-party benefits or apportioning damages based on fault would not violate statutory immunity and would be equitable, especially given manufacturers' lack of control over stevedoring functions and increasing strict liability. Therefore, ACL's motion for judgment in its favor was denied, Bucyrus-Erie Co.'s motion to amend its pleadings was granted, and Celia Zapico's motion to strike the jury's finding of contributory negligence was denied.

Stevedore LiabilityMaritime IndemnityLongshoremen's ActThird-Party ClaimsProduct Manufacturer NegligenceEmployee IncompetenceContribution LawWarranty of Workmanlike PerformanceFederal Civil ProcedurePost-Trial Litigation
References
14
Case No. 04-09-00401-CV
Regular Panel Decision
Jul 21, 2010

Texas Mutual Insurance Company v. Sarah Ochoa

Sarah Ochoa sustained a lumbar sprain injury at work and filed a workers' compensation claim. Texas Mutual Insurance Company, the carrier, initially accepted the lumbar sprain but disputed later claims of extensive lumbar disc pathology as an ordinary disease of life. The hearing officer found a sprain/strain injury superimposed on pre-existing degenerative conditions but also ruled that Texas Mutual waived its right to contest the extent of injury by not timely disputing it within 60 days, making the degenerative conditions compensable. Texas Mutual appealed to the state district court, which granted Ochoa's no-evidence motion for summary judgment. This appellate court reverses and remands the trial court's judgment, holding that the 60-day waiver rule in the Texas Labor Code does not apply to extent-of-injury disputes, citing Texas Supreme Court precedent.

Workers' CompensationSummary JudgmentWaiver RuleExtent of Injury DisputeLumbar SprainDegenerative Disc DiseasePre-existing ConditionAppellate ReviewTexas Labor CodeJudicial Precedent
References
7
Case No. 2015-05-0415
Regular Panel Decision
Feb 11, 2016

Leas, Anthony v. Opus Inspection, Inc.

Anthony Leas filed a Request for Expedited Hearing seeking medical and temporary disability benefits after allegedly spraining his left ankle and foot while stepping out of his car. His authorized treating physician, Dr. Joseph Wieck, diagnosed a foot sprain but opined that the injury was not primarily caused by the employment incident. The Court noted that Dr. Wieck's causation opinion is presumed correct under Tennessee Code Annotated section 50-6-102(14)(E). Mr. Leas failed to present expert medical evidence to rebut this presumption. Consequently, the Court denied Mr. Leas's requests for medical and temporary disability benefits, concluding he was not likely to prevail at a hearing on the merits.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityCausationAnkle SprainFoot SprainMedical EvidenceExpert OpinionBurden of Proof
References
3
Case No. ADJ7732498
Regular
Apr 20, 2016

ERIC RINGER vs. RESTORATION HARDWARE, LIBERTY MUTUAL FIRE INSURANCE COMPANY

This case concerns a dispute over the necessity of an anterior cruciate ligament (ACL) reconstruction surgery for an industrial knee injury. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's (ALJ) award of the surgery. The primary issue was the timeliness of the employer's utilization review (UR) denial of the proposed treatment. The WCAB found the UR decision invalid because it was issued outside the statutory timeframe after the request for authorization was received. Therefore, the proposed surgery was deemed authorized.

Utilization ReviewRequest For AuthorizationTimely DenialAllograft vs. AutograftACL ReconstructionLabor Code Section 4610Workers' Compensation Appeals BoardFindings And AwardReconsiderationAdministrative Director Rule 9792.9.1
References
2
Case No. ADJ7744103, ADJ7580182 (MF)
Regular
May 05, 2014

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. While finding no permanent disability from the applicant's industrial foot injury, the Board determined that the applicant did sustain industrial injury in the form of a fungal foot infection and bilateral foot sprain. The Board disagreed with the trial judge's finding of no industrial injury and clarified that Dr. McCoy's opinion, not Dr. Panting's, constituted substantial evidence regarding the nature of the industrial injury. Issues of temporary disability and further medical treatment were deferred to the trial level for further decision.

AOE/COEPetition for ReconsiderationFindings and OrderAgreed Medical ExaminerPanel Qualified Medical ExaminationSubstantial EvidenceMedical ProbabilityOsteonecrosisFreiberg's infractionFungal foot infection
References
0
Case No. 2018-06-0130
Regular Panel Decision
Nov 20, 2018

Lagel. Imad v. Elwood Staffing Services, LLC

Imad Lagel, a temporary employee, experienced right foot pain in July 2016. After initial treatment, Dr. Harold V. Nevels diagnosed an ankle sprain and discharged him to full duty. However, Mr. Lagel's pain reemerged, and during a follow-up, Dr. Nevels concluded that his current symptoms were unrelated to the work injury, attributing them to osteoarthritic changes. Elwood Staffing's motion for summary judgment, which Mr. Lagel failed to respond to, was granted by the Court. The Court found Mr. Lagel could not establish a causal relationship between his workplace injury and his ongoing need for medical treatment.

Workers' CompensationSummary JudgmentCausationMedical ProofOsteoarthritisAnkle SprainPro Se LitigantTennessee LawPreexisting ConditionExpert Medical Evidence
References
4
Case No. 2018 NY Slip Op 01108 [158 AD3d 965]
Regular Panel Decision
Feb 15, 2018

Matter of Williams v. New York State Off. of Temporary Disability & Assistance

Claimant, Theresa J. Williams, appealed a Workers' Compensation Board decision denying her claim for benefits. She alleged an elevator door struck her, causing sprains and contusions. The Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding she exaggerated the incident and her injuries did not arise from employment, based significantly on video surveillance that contradicted her account. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing the Board's authority to resolve factual issues and assess witness credibility. The court concluded that the Board's determination was supported by substantial evidence and that there was no medical opinion establishing causation based on the incident as depicted in the video.

Workers' Compensation BenefitsAccidental InjuryCourse of EmploymentCredibility AssessmentVideo Surveillance EvidenceElevator IncidentClaim DisallowanceBoard Decision AffirmationFactual Issue ResolutionSubstantial Evidence Review
References
6
Case No. MISSING
Regular Panel Decision
Sep 05, 2003

Claim of Torres v. New York Palace

Claimant filed a workers' compensation claim in May 2001, alleging a wrist and back injury from an unwitnessed slip and fall while moving beer cases for his employer. The Workers' Compensation Board denied the claim, a decision which was subsequently affirmed on appeal. The court found substantial evidence to support the Board's determination that the claimant fabricated the injury in retaliation for being discharged by his employer on the same day as the alleged accident. Key inconsistencies included claimant's delay in seeking medical attention, hospital records only mentioning a wrist sprain without back injury or a fall, and a disputed timeline for reporting the incident to the employer. Consequently, the decision denying workers' compensation benefits was affirmed.

Workers' CompensationAccidental InjurySlip and FallFabricated ClaimRetaliationEmployee DischargeMedical RecordsWitness CredibilityNotice of InjuryAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Nov 15, 1999

Leo v. Mt. St. Michael Academy

The case involves an appeal from an order of the Supreme Court, Bronx County, concerning a slip and fall incident. Antonio Leo, a 16-year-old, alleged sustaining an ankle sprain on a worn, wet stairway on October 23, 1995. The defendant moved for summary judgment, presenting meteorological data indicating clear weather on the day of the incident, contradicting the plaintiff's claim of rain causing the wet condition. Witness testimony also refuted the presence of water. The appellate court modified the lower court's decision, granting the defendant's motion for summary judgment and dismissing the complaint, finding no evidence that the defendant had actual or constructive notice of any dangerous condition.

Summary JudgmentNegligencePremises LiabilitySlip and FallHazardous ConditionActual NoticeConstructive NoticeDocumentary EvidenceMeteorological ReportsDeposition Testimony
References
16
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