CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 534402
Regular Panel Decision
Dec 15, 2022

Matter of Oberg v. Consolidated Edison Co. of N.Y., Inc.

Claimant Donald Oberg sustained neck injuries in a work-related motor vehicle accident in August 2020 and sought to amend his claim to include bilateral shoulder injuries. His treating orthopedist, Joseph Giovinazzo, opined that the shoulder injuries were causally related. However, independent medical examiner Vito Loguidice concluded that the shoulder injuries were not causally related, a finding supported by surveillance video of the accident. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Workers' Compensation Board subsequently rescinded this amendment, crediting Loguidice's opinion. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the Board's determination to disallow the amendment of Oberg's claim for bilateral shoulder injuries.

Workers' Compensation LawCausal RelationshipBilateral Shoulder InjuriesCervical RadiculopathyIndependent Medical ExaminationTreating Physician OpinionConflicting Medical EvidenceSubstantial EvidenceAppellate ReviewWorkers' Compensation Board Discretion
References
5
Case No. 534402
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Donald Oberg

Donald Oberg, an automobile mechanic, appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral shoulder injuries. Oberg had an established claim for neck injuries from an August 2020 work-related motor vehicle accident. Conflicting medical opinions arose regarding the causal relationship of his bilateral shoulder injuries, with his treating orthopedist, Joseph Giovinazzo, opining they were causally related, and independent medical examiner Vito Loguidice concluding they were not. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Board rescinded this, crediting Loguidice's opinion based on medical evidence and accident video. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's determination to disallow the amendment.

Workers' CompensationShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DecisionConflicting Medical OpinionsMotor Vehicle Accident
References
5
Case No. ADJ8361032
Regular
Sep 04, 2019

CAROL WORKMAN vs. ST. THERESA/ST. JOSEPH SCHOOL

This case concerns Carol Workman's claim for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) due to bilateral shoulder injuries. The Workers' Compensation Appeals Board (WCAB) overturned a prior decision and found Workman entitled to SIBTF benefits. This was based on evidence showing her current work-related shoulder injuries, when combined with prior non-industrial and industrial shoulder issues, met the statutory threshold for SIBTF eligibility. The Board found that the cumulative injury to her shoulders resulted in at least 5% permanent disability before adjustments, satisfying the requirement for SIBTF benefits.

SIBTFSubsequent Injuries Benefits Trust Fundwhole person impairmentcumulative traumaacromegalybilateral shouldersrange of motionmotor deficitapportionmentdiminished future earning capacity
References
17
Case No. ADJ3304517 (VNO 0558755), ADJ8042777
Regular
Sep 17, 2012

STEPHEN McLAUGHLIN vs. AMERICAN INTERNATIONAL GROUP, CHARTIS

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's right shoulder injury to be a separate industrial injury. The Board determined the shoulder injury was a "compensable consequence" of the applicant's original bilateral hand and wrist injury, occurring while receiving treatment. Therefore, the applicant is not entitled to an additional 104 weeks of temporary disability beyond the statutory limit for the initial injury. The applicant takes nothing by way of his claim for the right shoulder injury as a separate event.

Compensable consequenceCumulative traumaBilateral handsCarpal tunnel syndromeRight shoulder injuryTemporary disabilitySection 4656(c)(1)Petition for reconsiderationFindings and awardWorkers' compensation administrative law judge
References
10
Case No. LBO 0370773, LBO 0377679, LBO 0377749
Regular
Oct 10, 2007

LULIO ARAUJO vs. THE QUEEN MARY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained injuries to his right shoulder, left shoulder, and bilateral shoulders, resulting in a 23% permanent disability rating. The WCAB denied the applicant's petition for reconsideration, upholding the WCJ's decision to rate the permanent disability under the 2005 Schedule instead of the 1997 Schedule. This decision aligns with the appellate court's interpretation in *Vera v. Workers' Comp. Appeals Bd.* regarding when a report indicates permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaintenance WorkerIndustrial InjuryRight ShoulderLeft ShoulderBilateral ShouldersCumulative InjuryPermanent Disability
References
1
Case No. ADJ4355491 (AHM 0147293) ADJ2676854 (AHM 0150206)
Regular
Sep 14, 2009

SHARON HOUFF vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted reconsideration of a compromise and release agreement (C&R) that resolved applicant's bilateral shoulder injuries. The applicant, unrepresented, argued the settlement was inadequate due to her medication-induced confusion and the exclusion of penalties, future medical treatment, retraining, and transportation expenses. The Board found the settlement potentially inadequate because the applicant's right shoulder injury was not yet permanent and stationary, and she may not have fully understood or consented to the terms due to her medical condition. Consequently, the C&R was rescinded and the case returned for further development of the record, including obtaining a supplemental medical report on the right shoulder.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationJoint Order Approving Compromise and Releasebilateral shoulder injuriespermanent and stationaryAgreed Medical Evaluatortemporary total disabilityapportionmentfuture medical treatment
References
0
Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
4
Case No. MISSING
Regular Panel Decision

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. LBO 0324506
Regular
Dec 21, 2007

MICHELLE B. COSTA vs. KERLAN-JOBE ORTHOPEDIC CLINIC, MID CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury to the applicant's bilateral shoulders. The Board found insufficient evidence to support the injury claim during the specified employment period, noting discrepancies in the applicant's work dates and duties. The case is remanded to the trial level for further proceedings and a new decision on the shoulder injury issue.

Workers' Compensation Appeals BoardIndustrial InjuryBilateral ShouldersSurgery SchedulerCumulative TraumaQualified Medical EvaluatorApportionmentFindings of FactPetition for ReconsiderationReport and Recommendation
References
1
Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
1
Showing 1-10 of 970 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational