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

Case No. ADJ987312 (OAK 0273831) ADJ1314100 (OAK 0273829) ADJ2663048 (OAK 0273830) ADJ10521891
Regular
Nov 07, 2016

LORETTA LITTLE vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed findings of industrial injury for bilateral plantar fasciitis, lumbar spine, knees, right ankle, and bilateral carpal tunnel. The Board rescinded findings in one case that was not properly set for trial. Three cases were returned to the trial level for specific determinations on temporary disability indemnity and a petition to terminate benefits. The Board also upheld the denial of a penalty claim, the deferral of self-procured medical treatment reimbursement, the permanent and stationary date, and the applicant's occupational group number.

Petition for ReconsiderationPetition for RemovalFindings Award and OrdersIndustrial InjuryBilateral Plantar FasciitisLumbar Spine InjuryBilateral Knee InjuryRight Ankle InjuryCarpal Tunnel SyndromeOccupational Group Number
References
8
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. MISSING
Regular Panel Decision

Claim of Gibbs v. New York City Health & Hospital Corp.

A claimant filed for workers' compensation due to work-related plantar fasciitis and heel spurs. The self-insured employer controverted the claim, and a Workers’ Compensation Law Judge (WCLJ) found accident and notice based on the claimant's testimony. The employer sought review from the Workers’ Compensation Board, which refused to consider the application, deeming the WCLJ's decision non-final and imposing a penalty for delay. This appeal ensued, and the Appellate Division dismissed it as premature. The court ruled that the Board's decision, declining review and imposing a penalty, was interlocutory and not presently appealable.

Workers' CompensationAppeal DismissedInterlocutory OrderPremature AppealWorkers' Compensation BoardSelf-Insured EmployerAccident and NoticePlantar FasciitisHeel SpursPenalty Assessment
References
3
Case No. 2016-08-0977
Regular Panel Decision
Mar 09, 2018

Smith, Stephanie v. TJ Maxx

Stephanie Smith, an employee of TJ Maxx, sought additional medical and temporary disability benefits for a foot injury sustained in July 2016. She suffered a puncture wound, but subsequent diagnoses by authorized physician Dr. John Lochemes, including a ganglion cyst and plantar fasciitis, were deemed unrelated to the work injury. TJ Maxx argued it had paid all entitled benefits and that Dr. Lochemes' causation opinion was presumed correct. The Court denied Ms. Smith's request, finding she failed to establish that the compensable injury contributed more than 50% to her medical care needs or a causal connection for additional temporary disability benefits, effectively upholding Dr. Lochemes' findings.

Workers' CompensationExpedited HearingFoot InjuryPuncture WoundMedical Benefits DeniedTemporary Disability DeniedCausation DisputeMedical OpinionOrthopedic SurgeonPlantar Fasciitis
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Cortland County & CSEA, Inc.

Petitioners, Cortland County Sheriff and Cortland County, were parties to a collective bargaining agreement with an unnamed respondent union. A correction officer, Lawrence Jackson, was placed on family and medical leave due to a work restriction related to plantar fasciitis, preventing him from working mandatory overtime. The respondent union filed a grievance alleging a violation of the CBA, which petitioners denied, leading the respondent to demand arbitration. Petitioners then sought to permanently stay arbitration, but the Supreme Court denied their application and compelled arbitration. On appeal, the court affirmed the Supreme Court's decision, finding the dispute arbitrable as it related to the CBA's provisions on work schedules, overtime, and light-duty assignments, and no public policy considerations prohibited arbitration.

ArbitrationCollective Bargaining AgreementWork RestrictionMandatory OvertimeDisability BenefitsPlantar FasciitisGrievanceStay of ArbitrationAppellate ReviewPublic Employment
References
15
Case No. MISSING
Regular Panel Decision

Riley v. Aetna Casualty & Surety

Plaintiff Joyce K. Riley suffered from plantar fasciitis and heel spurs due to repetitive manual labor at Collins & Aikman. Despite initial treatment and surgery by Dr. J. Wills Oglesby, her condition worsened. A second opinion from Dr. Alan S. Henson led to another surgery and a diagnosis of permanent partial disability, causing a permanent limp and back pain. The trial court awarded temporary total disability benefits and permanent partial disability. Defendants appealed on grounds of insufficient notice, the period of temporary total disability, and the nature of the disability. The Supreme Court affirmed the trial court's decision, finding adequate notice, justification for the disability period, and that the injury extended beyond a scheduled member to affect the body as a whole.

Worker's Compensation AppealTemporary Total DisabilityPermanent Partial DisabilityNotice RequirementsPlantar FasciitisHeel SpursRepetitive TraumaOccupational InjuryMedical EvidenceCausation
References
10
Case No. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
7
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
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