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

Case No. ADJ11164231
Regular
Nov 06, 2013

CHRISTOPHER JOHNSON, (Deceased) vs. COUNTY OF SAN DIEGO

This case involves a petition for exhumation and autopsy filed by the dependents of a deceased sheriff to determine the industrial cause of death. The Workers' Compensation Appeals Board denied the petition because the applicants failed to provide any expert medical opinion supporting the necessity of an autopsy, despite multiple continuances in the case for discovery. The Board cited case law emphasizing that exhumation is a sensitive matter requiring substantial justification and expert support to demonstrate its probable value in providing significant information. While the petition is denied, it can be refiled with appropriate supporting evidence.

Workers' Compensation Appeals BoardPetition for Exhumation and AutopsyIndustrial InjuryCardiac ArrestArising Out Of Employment (AOE)Occurring In The Course Of Employment (COE)Declaration of Readiness to Proceed (DOR)Labor Code Section 5706Labor Code Section 5707Expert Opinion
References
4
Case No. MISSING
Regular Panel Decision

Cunningham v. Shelton Security Services, Inc.

This worker's compensation case concerns an interlocutory appeal regarding a trial court's order to exhume and autopsy the remains of deceased employee, Robert W. Cunningham, Sr. The employee died after a confrontation at work, with the death certificate citing arteriosclerotic cardiovascular disease without an autopsy. The employer and its insurance carrier, Shelton Security Service, Inc. and Employers Insurance of Wausau, disputed the cause of death and requested an autopsy over a year after filing their answer and approximately four and a half years after the death certificate was available. The appellate court reviewed the trial court's decision, finding that the respondents' request for exhumation and autopsy was not timely made. Consequently, the court vacated the trial court's order and remanded the case for further proceedings.

Worker's CompensationInterlocutory AppealAutopsy RequestExhumationTimeliness of RequestCause of Death DisputeArteriosclerotic Cardiovascular DiseaseMedical Expert TestimonyAppellate ReviewRemand
References
5
Case No. MISSING
Regular Panel Decision

Cheeks v. City of New York

Plaintiff Tatiana Cheeks sued the City of New York for false arrest and malicious prosecution after she was arrested for the death of her infant daughter, Cha-Nell, who died of malnutrition in 1998. Detective Donald Faust arrested Cheeks based on a medical examiner's autopsy report concluding malnutrition without an internal medical explanation, inferring parental neglect. Cheeks contended she diligently fed her daughter, and her expert proposed a 'failure to thrive' syndrome. A jury initially found no probable cause for the arrest, but the appellate court found that probable cause existed as a matter of law based on the autopsy report and Cheeks's sole caregiver status. Ultimately, the court reversed the jury's judgment for the plaintiff and remanded for a new trial due to the trial court's error in excluding part of the autopsy report (stating 'homicide (parental neglect)') after the plaintiff's counsel 'opened the door' to questioning about medical defects. The dissenting justices argued the issue of probable cause was for the jury and that the exclusion of the 'parental neglect' statement was proper.

False ArrestMalicious ProsecutionProbable CauseMalnutrition DeathParental NeglectAutopsy ReportMedical Examiner FindingsExpert Witness TestimonyFailure to Thrive SyndromeAppellate Review
References
49
Case No. 01C01-9706-CC-00231
Regular Panel Decision
Mar 31, 1999

State v. Joseph Martin Thurman

Joseph Martin Thurman appealed his convictions for premeditated first-degree murder and arson. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment. Thurman's appeal focused on the trial court's denial of his motion to suppress statements made to law enforcement, arguing he was illegally seized and his request for an attorney was ignored. He also challenged the denial of a continuance and sanctions after the state failed to comply with discovery requests regarding autopsy photographs. The appellate court found that Thurman voluntarily accompanied officers for the interview, did not make a credible request for counsel, and that the belatedly provided autopsy photographs were not material or exculpatory, thus upholding the trial court's decisions.

Premeditated MurderArsonMotion to SuppressMiranda RightsFourth AmendmentVoluntariness of StatementDiscovery ViolationsAutopsy PhotographsDue ProcessWitness Credibility
References
16
Case No. W2018-01353-COA-R3-CV
Regular Panel Decision
Jan 31, 2020

Pamela Pryor v. City of Memphis

This case involves Pamela Pryor's appeal against the City of Memphis' denial of On-the-Job-Injury (OJI) benefits after her firefighter husband's death. The City denied the claim due to the absence of an autopsy report, a requirement of its OJI policy. The trial court reversed an Administrative Law Judge's decision, finding the City's policy conflicted with Tennessee Code Annotated section 7-51-201, which establishes a statutory presumption for firefighters' deaths caused by hypertension or heart disease occurring in the line of duty. The Court of Appeals affirmed the trial court's decision, deeming the City's autopsy requirement null and void for creating an additional burden on the claimant and usurping the statutory presumption. The case has been remanded to the ALJ for a new hearing applying the statutory burden-shifting analysis without the invalidated policy.

OJI benefitsFirefighter presumptionStatutory conflictAutopsy requirementBurden of proofAdministrative Law JudgeChancery CourtAppellate reviewRemedial statutesHypertension
References
26
Case No. ADJ771417 (SDO 0240813)
Regular
Oct 06, 2008

ARTHUR ECKERT, Deceased, RAQUEL ECKERT vs. STATE OF CALIFORNIA, GAIN PREP, legally uninsured, STATE COMPENSATION INSURANCE FUND, adjusting agent

This case involves a deceased worker, Arthur Eckert, and his widow's petition for workers' compensation benefits. The Appeals Board dismissed the petition because it was filed over eight years late. Even if timely, the petition would have been denied as medical evidence, including the autopsy, concluded Mr. Eckert died from pre-existing heart valve disease, with no evidence of an industrial cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalFindings Award and OrderDeceased HusbandArising Out of EmploymentHead InjuryFatal Heart AttackValvular Heart Disease
References
1
Case No. MISSING
Regular Panel Decision
Nov 25, 1981

Claim of Anderson v. William Youngblood Associates

The Workers' Compensation Board affirmed a decision holding that the death of John Anderson resulted from an accidental injury which arose out of and in the course of his employment. The board found that Anderson was attending a town meeting on behalf of his employer, William Youngblood, and was reimbursed for travel expenses. His stop at a restaurant after the meeting to discuss it was not considered a deviation from employment. Additionally, the court found no reversible error in excluding the results of a blood alcohol test from an autopsy report.

Workers' Compensation BoardAccidental InjuryCourse of EmploymentEmployer LiabilityTravel ReimbursementMeeting AttendanceBlood Alcohol Test ExclusionAutopsy ReportEvidentiary RulingSubstantial Evidence
References
4
Case No. MISSING
Regular Panel Decision
Jun 07, 1985

Claim of Burt v. County of Chemung

The claimant's decedent, a heavy equipment operator for Chemung County Highway Department, was found dead on July 7, 1980, while operating a roller. An autopsy revealed severe coronary artery disease, and medical evidence indicated a myocardial infarction occurred at least six hours before his death. The medical findings concluded that the decedent's work effort was unrelated to his death. Consequently, the Workers' Compensation Board's determination, which is founded upon substantial evidence, was affirmed.

Workers' CompensationMyocardial InfarctionCoronary Artery DiseaseDeath BenefitsWork-Related InjuryMedical EvidenceAppellate ReviewSubstantial EvidenceDecedentEmployer Liability
References
1
Case No. MISSING
Regular Panel Decision
Aug 04, 2006

Claim of Johnson v. County of Clinton

Claimant filed for workers' compensation death benefits after her husband died at work. A Workers’ Compensation Law Judge denied the claim, finding that the presumption of compensability had been rebutted. The Workers’ Compensation Board affirmed the denial of benefits, ruling that the decedent’s death was not causally related to his employment. The appellate court affirmed the Board's decision, noting that the presumption of compensability was inapplicable as the death was witnessed and explained by autopsy, and deferred to the Board's resolution of conflicting medical expert opinions.

Workers' CompensationDeath BenefitsCausationPresumption of CompensabilityMedical Expert TestimonyAppellate ReviewBoard DecisionAutopsyConflicting Opinions
References
2
Case No. 2020 NY Slip Op 00977 [180 AD3d 466]
Regular Panel Decision
Feb 11, 2020

People v. Cueva

The Appellate Division, First Department, affirmed the judgment convicting defendant Wilmer Cueva of criminally negligent homicide and reckless endangerment. Cueva, a construction foreman, was found to have personally ordered unsafe actions resulting in a fatal trench collapse. The court rejected the defendant's unpreserved legal insufficiency claim and found the verdict supported by overwhelming evidence. Furthermore, the court found no error in the jury instructions, the admission of gruesome autopsy photos, or the denial of defendant's motion to suppress his statements.

criminally negligent homicidereckless endangermenttrench collapse fatalityconstruction safety violationsforeman liabilityappellate affirmationsufficiency of evidencejury instruction reviewautopsy photo admissibilitysuppression motion
References
5
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