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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 07, 1979

Claim of Lennon v. Kaiser

The Workers’ Compensation Board reversed a referee’s decision, determining that on January 24, 1975, the claimant was an employee of partners Ralph Kaiser and William Benson, and sustained injuries during employment. Testimony revealed conflicts regarding the claimant’s employment status and duties. Kaiser stated he never met the claimant until the day of the incident and instructed him to stay on the ground, yet admitted to an oral partnership with Benson and sharing profits. The claimant, conversely, testified both partners gave him directions, with Kaiser telling him to push shingles, and Benson having previously paid him. Despite the conflicting accounts, the board's finding of employment and injury was affirmed due to substantial evidence in the record.

Workers' CompensationEmployment RelationshipPartnershipAccidentInjurySubstantial EvidenceAppellate ReviewConflicting TestimonyRoofing BusinessEmployee Status
References
0
Case No. MISSING
Regular Panel Decision

Benson v. North Shore-Long Island Jewish Health Systems

Plaintiff Selina Benson filed a complaint against North Shore-Long Island Jewish Health Systems and individual defendants, alleging discrimination based on race, gender, disability, sexual orientation, and marital status, along with retaliation and breach of implied contract, under Title VII, NYSHRL, and 42 U.S.C. §§ 1981, 1985, and 1986. The defendants filed a motion to dismiss various claims. The court dismissed most NYSHRL claims (except retaliatory discharge) due to the election of remedies doctrine, and similarly dismissed most §§ 1981, 1985, and 1986 claims against North Shore due to preclusion. Additionally, Title VII claims against individual defendants and those alleging sexual orientation discrimination were dismissed. However, the court denied the motion to dismiss claims as time-barred under the continuing violation doctrine and dismissed the implied breach of contract claim, while allowing the plaintiff to amend the complaint to add a collective bargaining agreement claim.

Employment DiscriminationTitle VIINew York State Human Rights LawRetaliationHostile Work EnvironmentSexual Orientation DiscriminationDisability DiscriminationRace DiscriminationGender DiscriminationBreach of Contract
References
42
Case No. MISSING
Regular Panel Decision

In re the Claim of Forbes

Claimant, a psychiatric social worker, was reclassified as an 'independent contractor' by Brooklyn Center for Families in Crisis, Inc. for the last six months of her employment, receiving an hourly rate. The Unemployment Insurance Appeal Board subsequently ruled that the Center exercised sufficient direction and control over her work, establishing her status as an employee and thus her eligibility for unemployment insurance benefits. Despite the re-designation, the claimant continued to treat the same patients in the same manner on the Center’s premises, worked under a supervisor, and the Center established the fees. The court affirmed the Board’s ruling, concluding that substantial evidence supported the finding that claimant and similarly situated individuals were employees of the Center.

Unemployment InsuranceIndependent ContractorEmployee ClassificationPsychiatric Social WorkerEmployer ControlUnemployment Insurance Appeal BoardEmployee BenefitsEmployment StatusAppellate ReviewLabor Law
References
2
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
10
Case No. GOL 97477, GOL 97480, GOL 97481
Regular
Apr 18, 2008

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

This case involves an applicant who sustained multiple industrial injuries to her forearms, back, neck, wrists, hands, and elbows over several years. The Workers' Compensation Appeals Board granted reconsideration to apply the recent *Benson* decision, which modified the application of the *Wilkinson* rule for combining permanent disability awards. Consequently, the Board deferred findings on permanent disability and apportionment for further development of the record in light of *Benson*'s causation-based approach.

Petition for ReconsiderationPermanent Disability Rating ScheduleWilkinsonApportionmentCausationBensonTylerMcCluneMcDuffieWCJ
References
5
Case No. GRO 0034542 GRO 0034543
Regular
Aug 04, 2008

BRADLEY LORENZ vs. STOWASSER PONTIAC, INTERCARE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to both applicant and defendant regarding a prior award for two industrial injuries. The Board rescinded the prior award and returned the case to the trial level, pending a decision in *Benson v. Workers' Comp. Appeals Bd.*, which addresses the application of the *Wilkinson* rule regarding combined permanent disability from successive injuries. The case will be further considered at the trial level after the *Benson* decision or other court guidance.

Coming and Going RuleJoint Findings and AwardReconsiderationPetitionsPermanent DisabilityIndustrial InjuriesCar Lot ManagerGross InjurySeparate Permanent DisabilityCombined Permanent Disability
References
3
Case No. GRO 0030299 GRO 0033215 GRO 0034583
Regular
Jan 24, 2008

DEBRA A. FLORES vs. FACTORY 2 U STORES, INC.; ROYAL SUN & ALLIANCE, Adjusted by INTEGRATED INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the *Wilkinson* doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the *Benson* en banc decision. This decision clarifies that *Benson* mandates apportionment based on causation, effectively superseding the *Wilkinson* rule for cases decided after SB 899.

SB 899Wilkinson doctrineBenson v. The Permanente Medical Groupapportionmentcausationsuccessive injuriespermanent disabilityindustrial injuryretail storesupervisor
References
10
Case No. VNO 0453567, VNO 0453569
Regular
Jan 23, 2008

GEORGE FORTNER, JR. vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board rescinded a prior decision that combined permanent disability ratings for two industrial injuries. This action was based on the recent en banc decision in *Benson v. The Permanente Medical Group*, which held that the *Wilkinson* rule for combining disabilities is generally no longer applicable due to new apportionment requirements. The case is returned to the trial level for the judge to revisit permanent disability ratings consistent with the *Benson* decision.

Workers Compensation Appeals BoardGeorge Fortner Jr.County of Los AngelesPermissibly Self-InsuredVNO 0453567VNO 0453569Opinion and Decision After ReconsiderationJoint Findings and AwardIndustrial InjuryLow Back
References
2
Case No. VNO 497801; VNO 497802 VNO 497803; VNO 497804
Regular
Feb 14, 2008

ANDREW LAVIGNE vs. COUNTY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case for further proceedings, requiring a new WCJ to reconsider permanent disability and apportionment based on *Benson v. The Permanente Medical Group*. The WCJ must determine which Permanent Disability Rating Schedule applies to each injury and may need to further develop the medical record to ensure substantial evidence supports any findings. The decision emphasizes that *Benson*'s rule on apportionment based on causation is now binding.

Appeals BoardReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentWilkinsonBensonPDRSAldiPendergrass
References
16
Case No. WCK 0069325
Regular
Jan 15, 2008

DAVID C. ERVIN vs. A. C. TRANSIT DISTRICT, GATES MCDONALD

This case concerns an injured worker who sustained industrial injuries to his right knee and low back across two separate periods. The Appeals Board rescinded the original decisions, finding that the WCJ must revisit permanent disability and apportionment calculations in light of the recent *Benson* en banc decision. The WCJ must now apply the *Benson* rule, which requires apportionment based on causation considering all potential disability contributors, not just industrial injuries.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating Schedule (PDRS)Multiple Disabilities Table (MDT)WilkinsonBensonApportionmentCausationAgreed Medical Evaluator (AME)Industrial Injury
References
2
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