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Case Law Database

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

Case No. ADJ2010797 (SAC 0296371)

Regular

Oct 06, 2008

GURNAIL SINGH vs. BARRETT BUSINESS SERVICES, INC.

The Board granted reconsideration of the WCJ's award finding industrial injury to multiple body parts, resulting in 71% permanent disability. The Board rescinded the award and returned the matter for further proceedings to correct an erroneous disability rating for atrophy and to recalculate indemnity considering prior payments and credits. Other contentions raised by the defendant were not reached due to the rescission of the award.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings Award and OrderPermissibly Self-Insuredindustrial injurywelderpermanent disabilityPDIlife pensionLabor Code section 4658

References

Case No. ADJ1818278 (SFO 0495048) ADJ3997974 (SFO 0495050)

Regular

Oct 10, 2008

Dana Large vs. KLEIN PLASTERING, REDLANDS INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the original award because the judge's findings on permanent disability were not supported by substantial medical evidence. Specifically, the Agreed Medical Evaluator's impairment ratings for knee injury and unrelated left thigh atrophy lacked clear explanation and proper methodology according to the AMA Guides. The case is returned to the trial level for further development of the medical record and reconsideration of the permanent disability rating.

WCABReconsiderationFindings and AwardIndustrial InjuryRight KneePermanent DisabilityAMA GuidesAgreed Medical EvaluatorWhole Person ImpairmentLeft Thigh Atrophy

References

Case No. MISSING

Regular Panel Decision

Pereira v. A. D. Herman Construction Co.

This dissenting opinion addresses a case where a plaintiff, a carpenter employed by Mascedos Concrete Corporation, fell from scaffolding at a Stony Brook University construction site, managed by the general contractor A.D. Herman Construction Co., due to a broken timber brace. The judge argues against reversing summary judgment granted to the plaintiff, emphasizing that the general contractor is strictly liable under Labor Law § 240, irrespective of the plaintiff's participation in scaffold construction or any alleged contributory negligence. The opinion also supports the admissibility of expert testimony on Social Security benefits and deems the $325,000 jury verdict for the plaintiff's permanent injuries (shortened left leg, atrophy, pain) not excessive.

Scaffolding AccidentLabor Law § 240Absolute LiabilitySummary JudgmentContributory NegligenceComparative NegligenceWorker's InjuryConstruction Site AccidentDamages VerdictSocial Security Benefits

References

Case No. MISSING

Regular Panel Decision

Panzarella v. Multiple Parking Services, Inc.

The case involves a plaintiff who suffered injuries from a fall on an icy parking lot. The defendant appealed the judgment, arguing a lack of actual or constructive notice of the dangerous condition and insufficient time to remedy it. However, the evidence showed the ice was visible and present for an adequate period for the defendant's employees to discover and rectify it, leading the court to conclude the verdict was not against the weight of the evidence. The Supreme Court also correctly refused a jury charge on implied assumption of risk as the plaintiff was unaware of the ice. Additionally, the jury's award of $160,000 for future pain and suffering was deemed reasonable given the plaintiff's fractured distal radius, two surgeries, permanent grip and pinch deficiencies, scars, atrophy, and wrist deformity.

Icy ConditionParking Lot FallPremises LiabilityConstructive NoticeJury VerdictAssumption of RiskPersonal Injury DamagesFractured WristSurgical ProceduresPermanent Injury

References

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GURNAIL SINGH vs. BARRETT BUSINESS SERVICES, INC.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings Award and OrderPermissibly Self-Insuredindustrial injurywelderpermanent disabilityPDIlife pensionLabor Code section 4658

Dana Large vs. KLEIN PLASTERING, REDLANDS INSURANCE COMPANY

WCABReconsiderationFindings and AwardIndustrial InjuryRight KneePermanent DisabilityAMA GuidesAgreed Medical EvaluatorWhole Person ImpairmentLeft Thigh Atrophy

Pereira v. A. D. Herman Construction Co.

Scaffolding AccidentLabor Law § 240Absolute LiabilitySummary JudgmentContributory NegligenceComparative NegligenceWorker's InjuryConstruction Site AccidentDamages VerdictSocial Security Benefits

Panzarella v. Multiple Parking Services, Inc.

Icy ConditionParking Lot FallPremises LiabilityConstructive NoticeJury VerdictAssumption of RiskPersonal Injury DamagesFractured WristSurgical ProceduresPermanent Injury