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

Case No. 2011 NY Slip Op 31057(U)
Regular Panel Decision
Apr 26, 2011

What Happened in Felix vs. Weber Metals Reconsideration?

The case involves a plaintiff who sustained an electric shock injury while working on a construction project in Queens. The plaintiff, an employee of Donaldson Acoustics, Co., was installing ceiling tiles when he grabbed a dangling BX electrical cable and was shocked. He initiated a personal injury action against Atlas Park LLC (owner), Plaza Construction Corporation (general contractor), and Sage Electrical Contracting, Inc. (electrical subcontractor), alleging violations of Labor Law §§ 200, 240(1), 241(6), and common-law negligence. The Supreme Court initially dismissed Labor Law § 200 and common-law negligence claims against Atlas and Plaza, and conditionally granted Atlas's and Plaza's motions for contractual and common-law indemnification against Sage and Donaldson. The court also denied Donaldson’s motion for common-law indemnification against Sage. On appeal, the court modified the lower court's order. It unconditionally granted Atlas’s and Plaza’s contractual indemnification claims against Sage and Donaldson. It also granted Donaldson’s motion for common-law indemnification against Sage, while denying Atlas’s and Plaza’s common-law indemnification claim against Donaldson, citing Workers’ Compensation Law § 11. The decision was otherwise affirmed.

Personal InjuryConstruction Site SafetyElectrical HazardIndemnification ContractThird-Party ActionAppellate DivisionSummary Judgment MotionSubcontractor ResponsibilityVicarious LiabilityWorkers' Compensation Exclusivity
References
8
Case No. ADJ950908 (VNO 0491784) ADJ3156869 (VNO 0491787)
Regular
Apr 26, 2010

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case involves a workers' compensation applicant who sustained both a specific low back and psyche injury in 1997 and a cumulative trauma injury to multiple body parts over a later period. The defendant, Valley Forge Insurance, sought reconsideration of the Findings and Awards, primarily arguing it should not be responsible for administering the 1997 specific injury award, which was correctly assigned to CIGA. The Board denied reconsideration, affirming the original decision, and also addressed premature arguments regarding EDD liens and potential third-party liability.

Workers' Compensation Appeals BoardSpecific InjuryCumulative TraumaPermanent Partial DisabilityCalifornia Insurance Guarantee AssociationCIGAReliance InsuranceValley Forge InsuranceCNA Claims PlusEmployment Development Department
References
2
Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
3
Case No. ADJ8514073 (MF) ADJ9995510 ADJ2721680 (FRE 0187462)
Regular
Sep 24, 2018

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case concerns a dispute over the dates of a cumulative trauma injury to the applicant's left knee, following an admitted 1998 specific injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the injury period. The WCAB determined the date of cumulative trauma injury under Labor Code § 5412 was September 4, 2012, the date the applicant retained counsel and gained awareness of the cumulative trauma concept. Consequently, liability for the cumulative trauma injury under Labor Code § 5500.5 was established as September 4, 2011, to September 4, 2012.

WORKERS COMPENSATION APPEALS BOARDJOE CARDOZA DAIRYPAULA INSCIGAINSURANCE COMPANY OF THE WESTSECURITY NATIONALREPUBLIC INDEMNITYSEDGWICKVICTOR VILLASUBSEQUENT CUMULATIVE TRAUMA
References
0
Case No. ADJ8680977
Regular
Apr 28, 2014

Can a WCJ Be Disqualified for Appearance of Bias?

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
References
1
Case No. ADJ2307991 (VNO 0427797) (MF) ADJ3536405 (VNO 0336819) ADJ487962 (VNO 0533632)
Regular
Jun 14, 2018

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves an applicant who sustained two separate cumulative trauma injuries to her neck, back, and gastrointestinal system, including GERD and fibromyalgia. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant suffered distinct industrial injuries during employment with First Foursquare Church (insured by Cypress) and Forest Lawn Memorial Park (insured by Travelers). Defendant Cypress contested the dating of the injury and the finding of two separate cumulative trauma periods, while Travelers challenged the sufficiency of medical evidence for one injury. The WCAB found Cypress waived the issue of one versus two cumulative trauma injuries by failing to raise it timely. Ultimately, the WCAB adopted the WCJ's findings, confirming the two separate cumulative trauma periods and the respective carrier liabilities.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5Findings of FactAward and OrderAdministrative Law JudgeCypress Insurance Company
References
9
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This workers' compensation appeal concerns the death of Chief Deputy Bill Grounds, who suffered a fatal heart attack at his home following severe emotional trauma. The trauma stemmed from his employer, the Montgomery County Sheriff, failing to meet him as promised to discuss a grand jury investigation into altered sheriff department records, leading Grounds to believe he was being abandoned and betrayed. Although Grounds was later indicted for his alleged involvement in record alteration, the jury found that his injury and subsequent death resulted from mental trauma in the course of his employment. The appellate court affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's finding that the mental trauma, preceding knowledge of the indictment, was the producing cause of his death. The court emphasized that the Workers' Compensation Act should be liberally construed and that compensation is due when a heart attack results from mental or emotional stress traceable to a definite time, place, and event within employment.

Workers' CompensationMental TraumaHeart AttackCourse of EmploymentProducing CauseIndictmentSheriff's DepartmentRecord AlterationEmotional DistressJudicial Review
References
12
Case No. GOL 92220, GOL 98213
Regular
Jun 02, 2008

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the WCJ's finding that the applicant did not sustain a new cumulative trauma injury to his shoulder and back. The Board found that the defendant's arguments regarding cumulative trauma and apportionment were not supported by substantial medical evidence. Specifically, the Board determined Dr. Hutchinson's findings regarding cumulative trauma were speculative and improperly applied to a previously awarded disability.

New and further disabilityCompensable consequenceIndustrial back injuryPermanent disabilityApportionmentCumulative traumaSpecific injuryQualified Medical EvaluatorPrimary treating physicianPetition to reopen
References
1
Case No. LAO 0859960, LAO0836589, LAO 0859995
Regular
Feb 13, 2008

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the applicant's back injury involved multiple cumulative trauma periods, not a single one. The Board found ambiguity in the Agreed Medical Examiner's findings regarding the number and dates of these traumas. Therefore, the case is remanded to the Agreed Medical Examiner for a supplemental report to clarify whether one or more cumulative trauma injuries occurred, and the specific permanent disability attributable to each.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAgreed Medical EvaluatorCumulative TraumaDate of InjuryPermanent DisabilityTemporary DisabilityLabor Code 5500.5Labor Code 3208.1
References
12
Case No. ADJ1312501, ADJ4641701
Regular
May 03, 2011

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case concerns an applicant with a prior specific injury to his right knee and claims of cumulative trauma to the knee, low back, and coccidioidomycosis. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. The Board found no substantial medical evidence linking the applicant's coccidioidomycosis to cumulative trauma, requiring the matter to return to the trial level. Further proceedings are needed to determine the actual nature of the cumulative trauma injury, its date, and relevant liability.

CoccidioidomycosisCumulative traumaDate of injurySpecific injuryMedical evidenceAgreed Medical Examiner (AME)Permanent disabilityReconsiderationFindings and AwardLabor Code section 5500.5
References
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