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

Case No. ADJ6750243
Regular
Aug 10, 2012

ROLANDO FIGUEREDO vs. COMET ELECTRIC, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to the applicant's feet. The Board found the defendant's petition for reconsideration was timely due to defective service of the original order. Ultimately, the Board concluded there was insufficient medical evidence to establish industrial injury to the applicant's feet. The prior finding of injury to the applicant's left thumb was otherwise affirmed.

Workers' Compensation Appeals BoardRoland FigueredoComet ElectricTravelersFindings and OrderReconsiderationIndustrial InjuryLeft ThumbBilateral FeetElectrician
References
0
Case No. MISSING
Regular Panel Decision
Sep 02, 2014

Myiow v. City of New York

The plaintiff, an employee of Brooklyn Welding Corp., was injured at Harlem Hospital when he fell 13-14 feet from a flatbed truck while preparing steel beams for hoisting, after a piece of dunnage broke. He moved for partial summary judgment on liability under Labor Law § 240 (1), arguing a lack of proper safety devices. The defendants cross-moved, contending the accident was not an elevation-related hazard contemplated by the statute. The motion court granted the plaintiff's motion and denied the defendants' cross-motion, a decision subsequently affirmed on appeal. The court found that a fall from 13-14 feet constitutes an elevation-related risk and that the provision of an inadequate safety harness established liability.

elevation-related risksummary judgmentliabilityinadequate safety devicesconstruction accidentfall from heightflatbed truckdunnageLabor Law § 240 (1)appellate division
References
6
Case No. MISSING
Regular Panel Decision

Lockwood v. National Valve Manufacturing Co.

The court reversed an order denying the plaintiffs' application for partial summary judgment of liability based on a violation of Labor Law § 240 (1). The case involved a plaintiff who was injured while working on a steel beam approximately 100 feet above the ground when a 10-ton pipe fell from temporary supports. The plaintiff either fell or jumped to avoid the pipe, landing on a catwalk 25 feet below. The court emphasized that Labor Law § 240 (1) is designed to protect workers from falls or falling objects at elevated work sites and imposes strict liability on owners or contractors, regardless of their control over the work. Consequently, the appellate court reversed the lower court's decision and granted the plaintiffs’ motion for partial summary judgment.

Labor LawElevated Work SiteFalling ObjectSummary JudgmentStatutory ViolationWorker InjuryConstruction AccidentAppellate DivisionPersonal InjuryPremises Liability
References
4
Case No. ADJ7832100
Regular
Jan 09, 2017

William Reid vs. Subsequent Injuries Benefits Trust Fund

This case involves a Subsequent Injuries Benefits Trust Fund (SIBTF) claim where the applicant, William Reid, sought benefits due to a cumulative injury to his feet and back. The SIBTF petitioned for reconsideration, arguing the applicant's subsequent injury alone did not meet the statutory threshold for benefits and that prior impairments were asymptomatic or improperly assessed. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found the applicant met the 5% opposite and corresponding impairment threshold with a combined permanent disability rating of 10% from his feet and back, and that pre-existing conditions like hypertension and gout qualified as disabling impairments. Ultimately, the WCJ concluded the applicant was rendered totally permanently disabled, establishing SIBTF liability.

Subsequent Injuries Benefits Trust FundLabor Code section 4751opposite and corresponding thresholdpermanent disabilitycumulative traumaasymptomatic impairmentvocational rehabilitation consultantOrthopedic AMEDr. DevorDr. Panting
References
1
Case No. 708648/15
Regular Panel Decision
Jan 14, 2026

Rojas v. 616 First Ave., LLC

Plaintiff Victor Rojas was injured after falling nine feet on a construction project when a piece of wood shifted, despite wearing a self-retracting lifeline that extended too far. Rojas and his wife sued 616 First Avenue, LLC (owner) and JDS Construction Group, LLC (general contractor) under Labor Law §§ 240(1) and 241(6). The Supreme Court granted Rojas's motion for summary judgment on liability and denied the defendants' cross-motion to dismiss. The Appellate Division affirmed both orders, finding Rojas established prima facie entitlement to judgment due to inadequate safety equipment and a violation of 12 NYCRR 23-1.16(b), which mandates fall distance not exceeding five feet. The court also upheld JDS's designation as a general contractor based on its contractual duties.

Labor LawWorkplace SafetyConstruction AccidentSummary JudgmentAppellate ReviewFall from HeightSafety DevicesGeneral Contractor LiabilityOwner LiabilityIndustrial Code Violation
References
13
Case No. VNO 438338
Regular
Aug 17, 2007

CINDY HEWITT vs. RALPHS GROCERY STORE

The Appeals Board granted reconsideration, admitting Dr. Gumbs' reports into evidence, overturning the prior ruling that excluded them. They found that applicant sustained a cumulative industrial injury to her feet ending September 24, 2001, despite a potential earlier injury in 1991. All other issues remain deferred for further proceedings.

WCABRalphs Grocery Storecumulative injuryorthopedistpodiatristplantar fasciitisindustrial causationmedical-legal reportLabor Code § 5412reconsideration
References
7
Case No. AHM 0112008; AHM 0112035 AHM 0114238; AHM 0114239 AHM 0114240; AHM 0114241
Regular
Apr 04, 2008

DINH NGUYEN vs. CITY OF SANTA ANA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's findings. This decision was based on the judge's determination that the applicant lacked credibility due to evidence of misrepresentation in financial and military contexts. Consequently, claims for injury to the low back, right knee, and feet during specific periods were denied, and an overpayment of temporary disability benefits was upheld with a credit awarded to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibilityLow Back InjuryRight Knee InjuryFeet InjuryContinuous TraumaTemporary Disability OverpaymentPermanent Disability
References
1
Case No. ADJ7811518, ADJ8871987
Regular
Oct 06, 2018

MARIA CALDERON vs. RETIREMENT HOUSING FOUNDATION, AMERICAN CASUALTY COMPANY

This case involves a workers' compensation claim for a shoulder injury and alleged cumulative injuries to the spine, hip, knee, and feet. The Workers' Compensation Appeals Board rescinded previous findings and remanded the case for further proceedings. Both Qualified Medical Evaluator (QME) reports lacked substantial medical evidence regarding causation and apportionment of cumulative injuries. The Board determined that further development of the record is necessary, preferably through an agreed medical examiner or appointment of a regular physician.

Workers Compensation Appeals BoardReconsiderationFindings and OrderFindings and AwardCumulative InjurySpecific InjuryIndustrial InjuryPermanent DisabilityQualified Medical EvaluatorSubstantial Medical Evidence
References
5
Case No. ADJ9137221; ADJ9590905
Regular
Nov 13, 2015

Robert Rodriguez vs. State of California, Department of Corrections & Rehabilitation, Pelican Bay State Prison, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) rescinded the previous Findings and Order and returned the case for further proceedings. The WCAB found that the original ruling erroneously barred claims for the applicant's left shoulder, knees, and feet due to the statute of limitations. Applicant's contention that the employer failed to provide claim forms and notice, which could toll the statute, requires further examination. The WCAB also ordered a review of the applicant's right shoulder, hand, and thumb injury claim.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsTollingDate of InjuryMedical TreatmentApportionmentClaim FormNotice of RightsDepartment of Corrections and Rehabilitation
References
13
Case No. ADJ8082805
Regular
Nov 04, 2013

AYMER MIGUELES COTO vs. FUJI FOOD PRODUCTS, INC., NATIONAL UNION FIRE INSURANCE

In this workers' compensation case, the applicant claimed industrial injury to his back, right shoulder, and feet/ankles. The WCJ initially found no industrial injury and ordered that the applicant take nothing. The applicant sought reconsideration, arguing he did sustain an injury and that the WCJ's credibility determination was incorrect, citing a doctor's report. The Appeals Board granted reconsideration but ultimately affirmed the WCJ's original decision, adopting the WCJ's report. Therefore, the applicant's claim was denied.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderIndustrial InjuryBack InjuryShoulder InjuryFoot InjuryAnkle InjuryWarehouse LaborerCredibility
References
0
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