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

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. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
5
Case No. MISSING
Regular Panel Decision
Sep 22, 1999

Umansky v. Masterpiece International Ltd.

The plaintiff, a receptionist and clerical worker, was terminated by the defendants after being diagnosed with bilateral ulnar nerve entrapment, a condition similar to carpal tunnel syndrome. The plaintiff alleged discrimination based on disability, violating Executive Law § 296 and Administrative Code § 8-107. The defendants contended the termination was due to poor job performance. The Supreme Court denied the defendants' motion for summary judgment, citing a material question of fact regarding whether the disability prevented the plaintiff from performing her job or if there was a legitimate non-discriminatory reason for termination. The appellate court affirmed the Supreme Court's order, upholding the denial of summary judgment.

discriminationdisabilitywrongful terminationsummary judgmenthuman rights lawulnar nerve entrapmentemployment lawappellate reviewmaterial question of factKings County
References
3
Case No. MISSING
Regular Panel Decision
Sep 10, 1997

Reese v. Key Tronic Corp.

Zorena A. Reese filed a diversity action against Ontel Corporation, Key Tronic Corporation, and Lockheed Corporation, alleging personal injuries from using an Ontel keyboard during her employment at New York Telephone Company. She claims to have suffered cumulative trauma injuries (bilateral median nerve entrapment and carpal tunnel syndrome) with symptoms appearing in mid-1990. Defendants moved for summary judgment, arguing her claims were time-barred by the three-year statute of limitations, contending the period began with her first exposure to the keyboard. The Magistrate Judge recommended denying the defendants' motions, distinguishing repetitive stress injuries from toxic torts and stating that the statute of limitations commences upon the first onset of symptoms. The District Court adopted this recommendation, denying the motions and noting a genuine issue of material fact regarding the exact onset date of plaintiff's symptoms.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentAccrual DateToxic Tort DistinctionProduct LiabilityComputer Keyboard InjuryPersonal InjuryDiversity Jurisdiction
References
16
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. CV-24-1279
Regular Panel Decision
Dec 11, 2025

In the Matter of the Claim of Michael Howard

Claimant Michael Howard appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral carpal tunnel syndrome. Howard sustained multiple injuries in a 2018 assault, and his claim was later amended for various conditions. His treating physician, Ranga Krishna, diagnosed bilateral carpal tunnel syndrome in 2021, linking it to the 2018 accident. However, the carrier's consultant found a bilateral wrist sprain but no causally related carpal tunnel syndrome after examinations in 2021 and 2023, citing a lack of corroborative clinical findings despite EMG results. Both the Workers' Compensation Law Judge and the Board credited the carrier's consultant, denying the amendment due to insufficient credible evidence of causation. The Appellate Division affirmed the Board's decision, deferring to its factual determinations and assessments of medical witness credibility, which were supported by substantial evidence.

Carpal Tunnel SyndromeCausation DisputeMedical Opinion ConflictCredibility of Medical WitnessesSubstantial Evidence ReviewWorkers' Compensation Board AffirmanceClaim Amendment DenialBilateral Wrist InjuryElectromyography FindingsAppellant Burden of Proof
References
8
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. ADJ9387309
Regular
Oct 20, 2020

ENEDINA GONZALEZ vs. VEOLIA TRANSPORTATION, INC., OLD REPUBLIC INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that denied the applicant's claim for bilateral knee injury. The Board found that the medical evidence regarding the applicant's knee injury was not substantial and required further development. Specifically, the Board deferred the issue of injury AOE/COE to the bilateral knees and returned the matter to the WCJ for further proceedings. This action allows for the re-evaluation of the knee injury claim, considering potential contributions from post-injury weight gain.

Workers Compensation Appeals BoardVeolia TransportationAgreed Medical ExaminerQualified Medical ExaminerPetition for ReconsiderationFindings Award and OrderArising Out of and Occurring in the Course of EmploymentBilateral KneesCumulative InjurySpecific Injury
References
1
Case No. POM 0244323, POM 0260214
Regular
Jan 14, 2008

BERTHA KOCIAN vs. CLOUGHERTY PACKING dba FARMER JOHN

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the date of injury for applicant's bilateral hand and right knee cumulative trauma claim, changing it to 1980-March 22, 2001. The Board affirmed the original decision denying apportionment of permanent disability to pre-existing conditions, finding defendant failed to provide substantial medical evidence to support their claim. Applicant sustained industrial injury to her bilateral hands and right knee, resulting in 67 percent permanent disability.

KocianClougherty PackingFarmer JohnPOM 0244323POM 0260214Petition for ReconsiderationFindings and Awardssausage stufferindustrial injuryright knee
References
0
Case No. VNO 0474985, VNO 0509055, VNO 0509563
Regular
Sep 18, 2007

RENEE BARCELON vs. PAYLESS SHOE SOURCE

The Workers' Compensation Appeals Board granted reconsideration to amend the temporary disability period, finding applicant totally temporarily disabled from June 21, 2003, through January 11, 2006, based on Dr. Perelman's opinion. This decision affirmed the WCJ's findings regarding industrial injuries to the applicant's right wrist, bilateral shoulders, bilateral upper extremities, neck, and back. The Board also affirmed the need for future medical treatment and the permanent disability award, while modifying the temporary disability end date.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationJoint Findings and AwardJoint Opinion on DecisionPrimary Treating PhysicianPermanent and Stationary DateTemporary Total DisabilityPermanent DisabilityMedical EvidenceWork Restrictions
References
1
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