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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

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 Belfiore v. University of Rochester

This case involves an appeal from a Workers' Compensation Board decision. The claimant initially suffered right wrist de Quervain's disease and left wrist tenosynovitis in 1982 while employed at the University of Rochester. A second claim in 1999, during employment at IMPCO, established bilateral carpal tunnel syndrome, apportioned between the two injuries. In September 2000, the claimant sustained a right trigger thumb injury and sought to include it in her existing workers' compensation cases. A Workers' Compensation Law Judge found no causal relationship between the trigger thumb and prior occupational injuries, a decision affirmed by the Workers’ Compensation Board in March 2002 and amended in April 2002. The claimant's subsequent request for reconsideration was denied in December 2002, leading to an appeal that was ultimately dismissed as untimely, having been filed more than a year after the Board’s original decision and outside the 30-day window for appealing the denial of reconsideration.

Appeal DismissalUntimely AppealWorkers Compensation BoardOccupational InjuryDe Quervain’s DiseaseTenosynovitisCarpal Tunnel SyndromeTrigger ThumbCausal RelationshipSchedule Loss of Use
References
4
Case No. 534130
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Trina Yearwood

Claimant Trina Yearwood appealed a Workers' Compensation Board decision disallowing her claim for benefits related to bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge initially established the claim, but the Board reversed it, citing the claimant's failure to disclose a prior 2014 medical treatment for hand problems to her medical providers and the Board. The Appellate Division affirmed the Board's decision, finding that the claimant's omission of relevant medical history prevented medical experts from forming credible opinions on the causal connection between her conditions and employment. The court concluded that the Board's determination was supported by substantial evidence.

Occupational DiseaseCarpal Tunnel SyndromeRepetitive Stress InjuryWorkers' Compensation BenefitsMedical EvidenceCausal ConnectionTreatment History OmissionIndependent Medical ExaminationCredibility of ClaimantAppellate Review
References
12
Case No. 2022 NY Slip Op 06524
Regular Panel Decision
Nov 17, 2022

Matter of Yearwood v. Long Is. Univ.

Claimant Trina Yearwood sought workers' compensation benefits for bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim. However, the Workers' Compensation Board reversed this decision and disallowed the claim because Yearwood failed to disclose a prior 2014 treatment history for hand problems to her treating physician, the IME physician, or the Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that the Board rationally concluded the medical providers lacked sufficient understanding of claimant's complete medical history to proffer a credible opinion on causation, and thus her medical proof was insufficient.

Workers' Compensation BenefitsOccupational DiseaseRepetitive Stress InjuryCarpal Tunnel SyndromeMedical Evidence CredibilityTreatment History NondisclosureCausal ConnectionIndependent Medical ExaminationAppellate ReviewBoard Discretion
References
11
Case No. 534112
Regular Panel Decision
Nov 17, 2022

Matter of Grinnage v. New York City Tr. Auth.

Claimant, a bus driver for 31 years, filed a workers' compensation claim for repetitive stress injuries. Initially, a Workers' Compensation Law Judge disallowed the claim, citing insufficient evidence linking his conditions to work due to incomplete medical record review. However, the Workers' Compensation Board reversed this decision, finding sufficient uncontradicted medical evidence from Dr. Hedrych and claimant's testimony established a causal link. The Board established the claim for injuries to claimant's left shoulder, left wrist, carpal tunnel syndrome, left thumb, hip, and bilateral knees. The employer's subsequent appeal, challenging the Board's decision and the denial of their request for an independent medical examination, was affirmed by the Appellate Division, Third Department.

Repetitive Stress InjuryOccupational DiseaseWorkers' Compensation BenefitsBus DriverCausally-Related InjuryIndependent Medical ExaminationAdministrative AppealBoard ReviewAffirmative DefenseCredibility
References
11
Case No. ADJ12221657; ADJ13326997
Regular
May 27, 2025

MARIA ALVAREZ vs. POMONA UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Maria Alvarez, an Elementary Campus Supervisor, sustained injuries to her left hand and wrist on October 15, 2018, and allegedly bilateral hands, right wrist, and right thumb due to cumulative trauma from September 1, 2005, through August 1, 2019. The defendant, Pomona Unified School District, filed a Petition for Reconsideration challenging the WCJ's finding of Occupational Code No. 322. The Appeals Board granted the petition solely to amend the February 20, 2025 Joint Findings, Order, and Award to defer the issue of whether applicant has reached maximum medical improvement in both cases, while otherwise affirming the WCJ's decision. The WCJ's determination of Occupational Group Number 322 was upheld, explaining its consistency with the applicant's food service duties, contrasting it with other clerical and professional occupations.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Maximum Medical ImprovementOccupational Group NumberDalen v. Worker's Comp. Appeals Bd.Schedule for Rating Permanent DisabilitiesAMA GuidesSpecific InjuryCumulative Trauma
References
4
Case No. MISSING
Regular Panel Decision

Matter of Deck v. Dorr

This is a dissenting opinion concerning a Workers' Compensation Board's amended decision regarding a schedule loss of use (SLU) award. The claimant had already received a 100% SLU award for the loss of four fingers on their right hand and was granted an additional 100% SLU for their right thumb. The dissenting judge, Aarons, J., argues that there was a lack of substantial medical evidence to support the additional award for the thumb, as the claimant's surgeon did not explain how the thumb injury was separate and distinct from the injury to the other four fingers, which resulted from a single incident. The dissent highlights that the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity specify that the loss of all fingers at proximal phalanges equates to 100% loss of use of the hand. Based on this, the dissenting judge would have reversed the portion of the amended decision granting the additional SLU for the thumb, although the final order stated the amended decision was affirmed.

schedule loss of useSLU awardright hand injurythumb amputationfinger amputationworkers' compensation boarddissenting opinionmedical evidencepermanent impairmentwage earning capacity
References
3
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

Claim of Kaja v. Siller Bros.

The claimant, a construction worker, initially received workers' compensation benefits for a severed left thumb in May 2003. A subsequent claim for a consequential neck injury was denied by the Workers’ Compensation Law Judge and affirmed by the Workers’ Compensation Board. The Board also denied the claimant's application for reconsideration regarding both the neck injury and further disability of the thumb. The claimant appealed the Board's May 2009 decision. The appellate court affirmed the Board's denial of reconsideration for the neck injury. However, the court modified the decision, reversing the denial of reconsideration for the left thumb injury based on newly presented medical evidence, and remitted that issue back to the Workers’ Compensation Board for further proceedings.

Workers' Compensation AppealApplication for ReconsiderationFull Board ReviewCausally Related InjuryNeck InjuryLeft Thumb Schedule Loss of UseIndependent Medical ReportNew Medical EvidenceRemittal to BoardAbuse of Discretion Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Pedro v. Liberty Lines Express

The claimant, a mechanic, sustained an injury resulting in the amputation of his right thumb. The Workers’ Compensation Board determined this constituted a 50% schedule loss of the use of his right hand and awarded benefits. The employer appealed this decision, arguing that the injury was exclusively to the thumb and that the Workers’ Compensation Law does not explicitly allow for a single digit loss to be compensated as a partial loss of hand function. The court adopted a flexible approach, asserting that schedule allowances should not be deemed exclusive when treating a smaller member's loss as a percentage of a larger member's loss. Based on the testimony of the Board’s principal medical examiner, who stated the thumb injury diminished the prehensile function of the entire right hand, the court affirmed the Board's finding, concluding it was supported by substantial evidence.

Workers’ CompensationSchedule LossThumb AmputationRight Hand InjuryPrehensile FunctionAppellate ReviewMedical TestimonyInjury CompensationStatutory InterpretationDisability Benefits
References
5
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