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

Case No. ADJ3588744 (AHM 0136596) ADJ3710110 (AHM 0136597) ADJ4588636 (AHM 0136598) ADJ4051109 (LBO 0340086)
Regular
Sep 23, 2019

JOSE VASQUEZ vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's bilateral elbow cumulative trauma injury claim. While the applicant argued the initial award significantly understated his permanent disability, the Board affirmed the original decision, adopting the WCJ's reasoning. The Board deferred the issue of bilateral elbow injury, allowing parties to further resolve it, and corrected a typographical error in the award.

cumulative traumapermanent disabilitymultiple disabilities tablevocational evidencerecord developmentbilateral elbowsstipulationtypographical errorbody partdefer issue
References
1
Case No. ADJ7483972, ADJ7483952
Regular
Nov 08, 2012

ROY HAAS vs. CITY OF SANTA ROSA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case involves a workers' compensation applicant, Roy Haas, who sustained injuries to his left elbow and bilateral shoulders. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to increase Haas's permanent disability ratings. The WCAB adopted the WCJ's recommendation to rate impairments based on the highest applicable factor, citing that Dr. Suchard's report did not adequately explain combining strength and range of motion impairments for the elbow, and that strength deficits should not be rated where objective anatomic findings like loss of motion are present and prioritized by the AMA Guides. Consequently, Haas's permanent disability for the left elbow was increased to 25%, and for his shoulders to 31%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability RatingAgreed Medical ExaminerAMA GuidesRange of MotionLoss of StrengthOccupational CodeLabor Code Sections
References
2
Case No. ADJ12582828
Regular
Jan 03, 2023

TERRY KELLY vs. SAFEWAY

This case involves a workers' compensation claim where the defendant sought reconsideration of an award finding injury AOE/COE to multiple body parts. The primary dispute centers on the applicant's occupational group number, with the applicant claiming "butcher" (420) and the defendant arguing "meat cutter" (322), impacting permanent disability ratings. The Board granted reconsideration, finding insufficient evidence to determine the occupational group number and therefore deferring permanent disability for all affected body parts pending further development of the record. The finding of injury AOE/COE to the applicant's cervical spine, thoracic spine, lumbar spine, bilateral knees, bilateral elbows, and bilateral wrists was upheld.

Occupational Group NumberMeat CutterButcherCumulative TraumaPermanent DisabilityQualified Medical EvaluatorSubstantial EvidenceFurther DevelopmentBody PartsWPI Ratings
References
11
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. SBR 0187767
Regular
Aug 29, 2007

RICHARD A. SCHRYER vs. SOUTHERN CALIFORNIA EDISON, Permissibly Self-Insured

This Workers' Compensation Appeals Board case involves an applicant seeking medical treatment for bilateral elbow and forearm injuries stemming from an initial right elbow industrial injury. The Board affirmed the need for future medical treatment as recommended by a Qualified Medical Evaluator, but vacated penalties and attorney's fees, deferring these issues for further proceedings. Furthermore, due to the Administrative Law Judge's conduct at trial appearing to border on advocacy, the case was reassigned to a new judge for a fair and impartial decision on the remaining matters.

Workers' Compensation Appeals BoardSouthern California EdisonRichard A. SchryerRoger G. JohnsonDr. HjelmstadDr. Lewkovichcompensatory mechanismsLabor Code section 5814Labor Code section 5814.5utilization review
References
11
Case No. 2020 NY Slip Op 01879 [181 AD3d 1132]
Regular Panel Decision
Mar 16, 2020

Matter of Abdiyev v. Eagle Container Corp.

Claimant, David Abdiyev, appealed a decision by the Workers' Compensation Board. The Board had denied his application for administrative review of a Workers' Compensation Law Judge's (WCLJ) decision disallowing his claim for work-related injuries, specifically to bilateral shoulders, left elbow, left hand, bilateral knees, left hip, neck, head, and back. The denial was based on Abdiyev's failure to interpose an objection to the WCLJ's decision on the record, as required by 12 NYCRR 300.13 (b) (4) (v). The Appellate Division, Third Department, affirmed the Board's decision, ruling that the regulation was consistent with Workers' Compensation Law § 23 and that the Board did not abuse its discretion in declining review.

Workers' Compensation LawAdministrative ReviewWCLJ DecisionObjection RequirementAppellate ProcedureBoard RegulationsCredibility FindingMedical EvidenceClaim DisallowanceJudiciary Law
References
5
Case No. ADJ4430701 (EUR 0038510)
Regular
Nov 25, 2008

Darron D. Dunlap vs. THE PACIFIC LUMBER COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the applicant sustained cumulative trauma injury to his bilateral elbows and claimed cumulative injury to his wrists. The Board found that medical evidence supported a cumulative injury rather than the previously determined specific injury. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompensable Cumulative TraumaSpecific InjuryBilateral ElbowsBilateral WristsCarpal Tunnel SyndromeCubital Tunnel Syndrome
References
0
Case No. ADJ10863930
Regular
Aug 05, 2019

BERNARDINO HERNANDEZ vs. HAMMERHEAD AVIATION, PREFERRED EMPLOYERS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the applicant sustained injuries to his neck, elbows, and bilateral extremities, based on substantial evidence from treating physicians. The Board found the defendant's argument that the medical opinions were conclusory unpersuasive, and the PQME's opinions on causation lacked sufficient reasoning. The applicant's proof of injury arising out of and occurring during employment was found to be reasonably probable.

WCABPetition for ReconsiderationFindings of Fact and OrderInjuryNeckElbowsBilateral ExtremitiesPost-termination defenseLabor Code Section 5412Substantial Evidence
References
0
Case No. STK 0194292
Regular
Apr 02, 2008

HERIBERTO ZEPEDA vs. SIERRA CONSERVATION CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a WCJ's decision that the 2005 permanent disability rating schedule applied to applicant Heriberto Zepeda's bilateral wrist and elbow injury. Applicant argued that prior industrial disability leave payments in 2004 triggered an exception requiring the 1997 schedule. The Board found these payments were for medical examinations and did not necessitate the notice required to trigger the exception, thus affirming the applicability of the 2005 schedule.

Workers Compensation Appeals BoardCumulative trauma injuryPermanent and stationary2005 rating schedule1997 rating scheduleIndustrial disability leaveLabor Code section 4061Labor Code section 4660(d)Labor Code section 4600(a)(1)Temporary disability
References
1
Case No. ADJ575595 (SRO 0118927) ADJ2965361 (SRO 0122685)
Regular
May 21, 2009

JEFFREY DOTY vs. CIRCUIT CITY STORES, INC.

This case involves an applicant seeking reconsideration of a prior workers' compensation award. The applicant argued the $34\%$ permanent disability rating was incorrect, specifically regarding the overlap of his hand injuries and MRSA infection. The Appeals Board granted reconsideration to amend the dates of injury in the original findings. Ultimately, the Board affirmed the original award but amended the findings to reflect the correct dates of injury for the left hand/bilateral upper extremities/MRSA and the right elbow injuries.

Workers' Compensation Appeals BoardCircuit City StoresMRSAPermanent DisabilityReconsiderationFindings of FactJoint Findings Award and OrderSales ClerkIndustrial InjuryLeft Hand
References
0
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