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

Case No. ADJ7700512
Regular
Jan 27, 2017

John E. Skaff vs. CITY OF STOCKTON

The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.

Hazard Awareness Recognition ProgramHARP formsadverse inferenceindustrial causationprostate cancerchemical exposuremethamphetamine labspolice officerQualified Medical ExaminerDr. Juan Cesar Larach
References
1
Case No. MISSING
Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal
References
4
Case No. MISSING
Regular Panel Decision
Dec 21, 1992

Claim of Stokes v. Permanente

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury after being struck by a car while crossing a street from a parking lot to her workplace. This decision and an amended decision were subsequently appealed. The appellate court found substantial evidence to support the Board's finding that the injury occurred while the claimant was entering the employment premises, thus arising out of and in the course of her employment. Consequently, the court affirmed the Board's decision and amended decision.

Workers' CompensationEmployment InjuryCompensable InjuryGoing and Coming Rule ExceptionParking Lot InjuryAppellate ReviewBoard Decision Affirmed
References
0
Case No. ADJ8614160
Regular
Jun 10, 2014

VIKTOR CHERNYETSKY (Dec'd), SVETLANA CHERNYETSKY (Widow & Guardian ad litem), CAROLINA CHERNYETSKY (Daughter) vs. SLAVIC MISSIONARY CHURCH, INC., BROTHERHOOD MUTUAL INSURANCE COMPANY, SOUTHLAND CLAIMS SERVICE, INC.

Defendant Slavic Missionary Church, Inc. sought removal of this workers' compensation case, arguing the WCJ erred in setting trial. However, the trial has already occurred and the matter has been submitted for decision. Consequently, the Board found the Petition for Removal to be moot. The defendant retains the right to file a petition for reconsideration if an adverse decision is issued.

Petition for Removalmootdismissedtrial datereconsiderationLabor Code 5900EAMSWorkers' Compensation Appeals BoardSLAVIC MISSIONARY CHURCHBROTHERHOOD MUTUAL INSURANCE COMPANY
References
0
Case No. MISSING
Regular Panel Decision

Claim of Farcasin v. PDG, Inc.

Claimant, a director of research and publications, developed neck and shoulder pain radiating to his arms and hands after working for the employer for a month, attributing it to a lack of an ergonomically designed workstation and an outdated computer. A Workers’ Compensation Law Judge initially found he suffered an occupational disease. The Workers’ Compensation Board affirmed this decision, but later amended it, ruling that claimant suffered an accidental injury. The employer appealed both decisions. The Court affirmed the Board's decision, finding no abuse of discretion in amending the prior decision and that substantial evidence supported the finding of an employment-related accidental injury, which can be established by medical evidence of repetitive acts causing debilitating injury, even if symptoms accrued gradually.

Workers' CompensationAccidental InjuryOccupational DiseaseRepetitive Strain InjuryErgonomicsAppellate ReviewBoard DecisionJurisdictionMedical EvidenceGradual Injury
References
7
Case No. MISSING
Regular Panel Decision

Lyman v. NYS OASAS

This Memorandum-Decision and Order addresses Defendants' motion to dismiss a plaintiff's amended complaint. The plaintiff, an employee of the New York State Office of Alcoholism Substance Abuse Services (OASAS), alleged various claims including discrimination, retaliation, and hostile work environment under Title VII, breach of privacy, First Amendment violations, Equal Pay Act violations, and due process infringements. The court granted the motion to dismiss, dismissing most claims with prejudice. It found that the plaintiff failed to establish membership in a protected class for Title VII discrimination and did not sufficiently allege materially adverse employment actions for Title VII discrimination and retaliation. The hostile work environment, breach of privacy, Equal Pay Act, and due process claims were also dismissed due to legal deficiencies. However, the plaintiff was granted leave to file a second amended complaint for the First Amendment retaliation claim, as the court found the existing allegations lacked a plausible causal connection between the protected speech and the alleged adverse actions. The court also addressed Eleventh Amendment immunity for official capacity claims.

Employment DiscriminationTitle VIIRetaliationHostile Work EnvironmentFirst Amendment RightsDue ProcessEqual Pay ActMotion to DismissFederal Rules of Civil ProcedurePublic Employee Speech
References
89
Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)
Regular
Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case concerns appeals from a workers' compensation judge's decision regarding liability for cumulative trauma injury. The Appeals Board granted reconsideration to clarify the determination of the date of injury under Labor Code § 5412, which is crucial for assigning liability to the insurer covering the last year of exposure. The Board found the WCJ's decision lacked sufficient clarity and specific findings regarding disability and knowledge of causation. Therefore, the prior decision was rescinded, and the case was returned for further proceedings to make clear findings consistent with established legal principles.

Workers' Compensation Appeals BoardDonna DeRussyAntelope Valley Health Care SystemTravelers InsuranceSafety NationalFrontier Insurancecumulative traumadate of injuryLabor Code §5500.5Labor Code §5412
References
2
Case No. ADJ1210556 (AGO 0018589)
Regular
Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez
References
2
Case No. MISSING
Regular Panel Decision

Claim of Zechmann v. Canisteo Volunteer Fire Department

This case involves an appeal from decisions of the Workers’ Compensation Board regarding death benefits. The claimant's decedent had applied for these benefits. The Board determined that the claim was not barred by Workers’ Compensation Law § 123, making the Special Fund for Reopened Cases liable for the payments under Workers’ Compensation Law § 25-a. The appeals court affirmed the Board’s decision and amended decision, holding that the Special Fund is responsible for the payment of death benefits.

Death BenefitsWorkers' CompensationSpecial FundReopened CasesAppealsStatutory InterpretationLiabilityClaimantDecedentBoard Decision
References
0
Case No. MISSING
Regular Panel Decision

Smith v. Paul Smith's College

The Workers' Compensation Board ruled that the claimant sustained an accidental injury during employment and awarded benefits. The employer appealed, arguing insufficient record support for the finding. The court upheld the Board's determination, citing claimant's testimony that he was injured while cleaning a chainsaw on employer's equipment during slack time, a common practice. The court found substantial evidence supported the Board's decision, and issues of credibility were for the Board to resolve. The decision and amended decision of the Workers’ Compensation Board were affirmed.

Workers' CompensationAccidental InjuryScope of EmploymentPersonal Use of EquipmentSubstantial EvidenceCredibilityBoard DeterminationAppellate ReviewInjury during workCommon Practice
References
6
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