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

Case No. 2015-18-2120
Regular Panel Decision
May 20, 2015

Stanley, Aaron v. Wal-Mart

Employee Aaron Stanley sought expedited medical benefits for back and abdominal strains, allegedly sustained from heavy lifting at Walmart. His authorized treating physician, Dr. Frank Thomas, opined the injuries were work-related. However, Walmart denied the claim, citing inconsistent statements from Stanley regarding the injury's mechanism and lack of a specific incident. The Court found the proof equivocal and that Stanley failed to establish a likelihood of prevailing on the merits, thus denying his request for reinstitution of medical benefits.

Workers' CompensationExpedited HearingMedical BenefitsBack InjuryAbdominal StrainCausationBurden of ProofEmployment InjuryInconsistent TestimonyMedical Treatment Denial
References
4
Case No. MISSING
Regular Panel Decision

Claim of Hannon v. Ellicott Square Associates

This case concerns an appeal from a Workmen's Compensation Board decision filed November 22, 1974. The board had found that prolonged emotional stress and strain contributed to the death of a 50-year-old building manager, whose existing hypertensive cardiovascular disease was exacerbated by the stress. The stress stemmed from a portion of his building's cornice falling, leading to the manager's collapse and subsequent death from a massive intercerebral hemorrhage. Medical experts provided conflicting testimony regarding the causality between the emotional strain and death. However, the Board, exercising its fact-finding powers, accepted the opinion that the emotional strain was an unusual factor contributing to his fatal attack. The appellate court affirmed the Board's decision, concluding it was supported by substantial medical evidence and should not be disturbed.

emotional stresshypertensive cardiovascular diseaseintercerebral hemorrhageworkplace accidentmedical causalitycompensable deathWorkers' Compensation Lawsubstantial evidenceBoard decision affirmedcoronary heart disease
References
4
Case No. 2019-08-0045
Regular Panel Decision
Sep 14, 2020

Mask, Michael v. Hub Group, Inc.

Employee Michael Mask, a truck driver, suffered a low back injury at work but was subsequently diagnosed with multiple myeloma. The employer, Hub Group, Inc., provided workers' compensation benefits for the back strain but denied further benefits for conditions related to his cancer, asserting it was not work-related. Mask sought additional medical and disability benefits, arguing his ongoing pain was connected to the work injury. The trial court, Judge Allen Phillips presiding, found Mask only established entitlement to benefits for his low back strain and not for temporary or permanent disability or cancer-related treatment, crediting Dr. Wolf's opinion that his pain stemmed from cancer. The Workers' Compensation Appeals Board affirmed the trial court's decision, concluding Mask was only entitled to reasonable and necessary future medical care for his low back strain, thereby denying benefits for cancer or additional disability.

Workers' CompensationBack InjuryMultiple MyelomaCausationMedical BenefitsDisability BenefitsTemporary DisabilityPermanent DisabilityAppeals BoardPro Se Litigant
References
5
Case No. 2018-06-0018
Regular Panel Decision
Jul 26, 2018

Coon, Gerald v. Commercial Warehouse and Cartage, Inc.

Gerald C. Coon, an employee, filed a request for temporary disability and medical benefits after an alleged back injury on September 22, 2017, due to a malfunctioning safety lanyard at Commercial Warehouse and Cartage, Inc. (CWC). Mr. Coon claimed continuous pain and denial of medical treatment by CWC. However, CWC witnesses testified Mr. Coon did not exhibit pain or request medical care until November 19, 2017. The Court found Mr. Coon's testimony not credible. Medical opinions varied, with Dr. Robert Carver, a panel physician, determining Mr. Coon's conditions (degenerative disc disease and lumbosacral radiculopathy) were not work-related. Dr. William M. Gavigan diagnosed a work-related lumbar strain but a non-work-related disc herniation. The Court credited Dr. Gavigan's opinion as most persuasive, confining the compensable injury to a lumbar strain, and found Mr. Coon unlikely to prevail on entitlement to additional medical treatment or temporary disability benefits, as no doctor took him off work for the strain. The Court, therefore, denied Mr. Coon's request for benefits.

Workers' CompensationBack InjuryLumbar StrainDegenerative Disc DiseaseLumbosacral RadiculopathyMedical CausationCredibility AssessmentExpedited HearingTemporary Disability BenefitsMedical Benefits
References
4
Case No. ADJ300802 (AHM 0109743) ADJ2310921 (AHM 0115931)
Regular
Nov 21, 2008

CHRISTOPHER SHIELDS vs. LAIDLAW TRANSIT; BROADSPIRE

The Appeals Board granted reconsideration, amending the original award to establish a permanent and stationary date of January 3, 2005, for applicant's abdominal hernia injuries. The Board deferred the issues of permanent disability and attorneys' fees, returning the case to the trial level for re-rating based on hernia/abdominal injuries rather than spinal injuries. The Board affirmed the finding of an industrial inguinal hernia injury, while also noting that the defendant did not provide evidence of unreasonable refusal of medical treatment for the hernias.

HerniaUmbilical herniaInguinal herniaLow back painPermanent and stationary dateTemporary total disabilityMedical treatmentAttorney's feesReconsiderationWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision
Aug 18, 1971

Claim of Bernsley v. Telemarine Communications Co.

Appeal from a decision of the Workmen’s Compensation Board which allowed a claim for death benefits. The decedent, a principal in the appellant corporation, died from cardiac failure during an emotional discussion about a vault tax assessed against a related corporation and paid by the appellant. The board found that the tax problems arose from decedent's employment with the appellant and that the emotional strain caused his death. The court affirmed the board’s finding that the problems over the vault tax arose out of and during the course of decedent’s employment and that the emotional strain and anxiety from dealing with the tax problems caused decedent’s death.

Death benefitsCardiac failureEmotional strainEmployment-related deathVault taxWorkmen's Compensation Board appealCausationSubstantial evidenceEmployer liability
References
2
Case No. MISSING
Regular Panel Decision
Mar 30, 1966

Claim of Nicotera v. Dorn's Transportation

A claimant appealed a decision by the Workmen’s Compensation Board denying death benefits for a decedent. The 55-year-old decedent, a trucking terminal manager, died from a myocardial infarction shortly after a heated argument with a truck driver, Joseph Gambino, regarding his work. Dr. Meyers examined the decedent, noting chest pain and an irregular heartbeat before his death. The Board concluded that the decedent's activities did not involve strain greater than that occasionally experienced by all workers, a finding affirmed on appeal based on established precedent regarding emotional strain as accidental injury.

Death BenefitsMyocardial InfarctionEmotional StrainAccidental InjuryCourse of EmploymentWorkers' Compensation LawBoard Decision AffirmedMedical ExaminationCausationWork-Related Argument
References
6
Case No. MISSING
Regular Panel Decision

Claim of Zaner v. My Toy Co.

The Workmen’s Compensation Board determined that emotional stress and strain experienced during employment were causative factors in the claimant's myocardial infarction and subsequent death. The Board concluded that the effort involved a greater degree of emotional strain and tension than what workers are typically subjected to, thus constituting an accidental injury arising out of and in the course of employment, with the death causally related to this injury. The court, acting on an appeal from these decisions, reviewed the findings. Ultimately, the court affirmed the board's determination, citing substantial evidence to support the original findings. Costs were awarded to the respondents who filed briefs against the appellants.

Workers' CompensationMyocardial InfarctionEmotional StressCausationAccidental InjuryCourse of EmploymentSubstantial EvidenceBoard DeterminationAppealAffirmed
References
0
Case No. 2019-07-0191
Regular Panel Decision
Mar 26, 2020

Gillum, Mary v. Dollar General Corp.

The Court held an Expedited Hearing regarding Mary Gillum's request for medical and temporary disability benefits for an alleged cervical injury sustained while working for Dollar General Corp. Dollar General contended the injury did not arise primarily out of employment and moved for dismissal, which the Court denied. The Court found sufficient proof that Ms. Gillum is likely to prevail at trial regarding an acute cervical strain, though not for her underlying chronic cervical spondylosis. Consequently, the Court ordered Dollar General to provide a panel of physiatrists for nonoperative treatment for her acute cervical strain and to pay temporary disability benefits from the date of injury through April 20, 2018.

Workers' CompensationCervical InjuryAcute StrainTemporary Disability BenefitsMedical BenefitsCausationExpedited HearingSpondylosisDegenerative ChangesPanel of Physicians
References
2
Case No. MISSING
Regular Panel Decision
Mar 19, 1969

Claim of Mulholland v. New York State Department of Public Works

The case involves an appeal by a claimant whose husband, an engineer for the New York State Department of Public Works, died from coronary arteriosclerosis after experiencing significant emotional stress. The stress stemmed from an upcoming experimental meeting and a dilemma regarding the falsification of inventory data to prevent dissipation of stockpiled goods. The appellant contended that this emotional strain was a causal factor in his fatal coronary occlusion. However, the Workmen’s Compensation Board denied benefits, a decision affirmed on appeal. The court ruled that the emotional strain described was not greater than the ordinary stress workers occasionally face, thus not qualifying as an accidental injury under the Workmen’s Compensation Law.

Emotional StressCoronary OcclusionWorkers' Compensation BenefitsAccidental Injury ClaimCausationEmployment-Related StressBoard Decision ReviewJudicial ReviewFatal InjuryWork-Related Death
References
2
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