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Case Law Database

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

Case No. ADJ3361459
Regular
Oct 15, 2012

Christiane Flynn vs. YOLANDA'S OF VENTURA, AMERICAN HOME ASSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Christiane Flynn's injury. The applicant sustained injuries including right shoulder, brachial nerve, upper extremities, thoracic outlet syndrome, complex regional pain syndrome, psyche, and fibromyalgia. Her permanent disability was found to be 100% total, entitling her to weekly indemnity payments. A substantial attorney fee of $47,451.89 was deemed reasonable and ordered payable.

Christiane FlynnYolanda's of VenturaAmerican Home AssuranceAIG Claim ServicesADJ3361459VEN 0112129ReconsiderationAdministrative Law JudgeWaitressOccupational Group 322
References
0
Case No. MISSING
Regular Panel Decision

Matter of Scuderi v. Mazzco Enterprises

Claimant, a union carpenter, filed a workers' compensation claim in 2010 for bilateral carpal tunnel syndrome, which was deemed an occupational disease with a disability onset of June 25, 2010. The workers’ compensation carrier for his last employer, Mazzco Enterprises, sought to apportion liability among claimant’s previous employers, including JD Consulting LLC. The Workers’ Compensation Board ultimately determined the disease was contracted on August 14, 1998, and assigned 45% of the liability to JD Consulting and its carrier. JD Consulting and its carrier appealed, contending that the Board's selection of the contraction date lacked substantial evidentiary support, as the claimant could not recall the onset of symptoms and his treating physician provided no definitive opinion on the matter. The Appellate Division concurred, reversing the Board's decision and remitting the case for further proceedings due to the insufficient evidence supporting the chosen date of contraction.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeApportionment of LiabilityEmployer LiabilitySubstantial EvidenceAppellate ReviewReversalRemittalNew York Law
References
8
Case No. MISSING
Regular Panel Decision
Oct 04, 2006

Claim of McKenzie v. UJA-FED

Claimant, employed in data entry, developed bilateral carpal tunnel syndrome and sought workers' compensation benefits. The Workers' Compensation Law Judge initially dismissed the claim, but the Workers' Compensation Board reversed, finding the condition to be an occupational disease causally related to employment, based on agreement between the treating physician and an independent medical examiner, and the carrier's failure to request cross-examination. The carrier appealed, arguing the Board erred in its finding regarding cross-examination and mischaracterized medical evidence. The appellate court affirmed the Board's decision, ruling that the carrier waived its right to cross-examination by not making a timely request and finding no basis to disturb the Board's assessment of the medical evidence.

Occupational DiseaseCarpal Tunnel SyndromeWorkers' CompensationMedical EvidenceCross-Examination WaiverAppellate ReviewCausationEmployment-Related InjuryMedical Expert TestimonyBoard Decision Appeal
References
6
Case No. MISSING
Regular Panel Decision

People v. Yates

The People moved for a Frye hearing to determine the scientific acceptance of expert testimony on male rape trauma syndrome, which the defendant sought to introduce. The defendant, charged with grand larceny, claimed he was sexually assaulted and that the syndrome explained his failure to report the incident. The court reviewed existing New York case law on rape trauma syndrome for female and child victims, and scientific literature on male sexual assault. It found that male victims exhibit similar post-traumatic stress symptoms to female victims, concluding that male rape trauma syndrome is generally accepted in the scientific community. Therefore, the court denied the People's motion, ruling that a Frye hearing was not necessary.

Male Rape Trauma SyndromeFrye HearingExpert Testimony AdmissibilitySexual AssaultPosttraumatic Stress DisorderScientific AcceptanceGender Neutral LawEvidence LawCriminal ProcedureSodomy
References
26
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ605947 (MON 0274664)
Regular
Feb 02, 2009

LESLIE CELLUCCI vs. FLORENCE MACHINE PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for injuries to the applicant's hands, upper extremities, and neck, resulting in chronic pain syndrome and a sleep disorder. The defendant disputed the extent of permanent disability and the diagnoses of chronic pain syndrome and sleep disorder. The Appeals Board affirmed the finding of industrial injury and the 85% permanent disability rating, including the diagnoses of chronic pain syndrome and sleep disorder. The Board also granted reconsideration to amend the award to include a life pension for the applicant, as required by law for an 85% permanent disability finding.

Workers' Compensation Appeals BoardLeslie CellucciFlorence Machine ProductsState Compensation Insurance FundADJ605947Opinion and Order Granting ReconsiderationFindings and AwardPermanent DisabilityChronic Pain SyndromeSleep Disorder
References
0
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
Case No. MISSING
Regular Panel Decision

Claim of Guarino v. Natslock, Inc. & Natlock

Claimant, an executive salesperson for Natslock, Inc. & Natlock for 15 years, developed severe neck pain in July 1992, attributing it to his work (computer and telephone use) aggravating a congenital condition, Klippel-Feil Syndrome. A Workers’ Compensation Law Judge initially awarded benefits, finding the work aggravated the syndrome and caused disability. Natslock appealed to the Workers' Compensation Board, which reversed the decision, concluding that the Klippel-Feil Syndrome was a pre-existing active condition merely aggravated by office work, and closed the case. The Appellate Court affirmed the Board's decision, finding substantial evidence in Natslock's orthopedic consultant's testimony that the disability resulted from the normal progression of the underlying disease, not work activity.

Occupational Disease ClaimKlippel-Feil Syndrome AggravationPre-existing Active ConditionWorkers' Compensation Benefits DenialAppellate ReviewSubstantial Evidence StandardMedical Expert TestimonyCausation of DisabilityCongenital ConditionWork-Related Injury
References
3
Case No. MISSING
Regular Panel Decision

Claim of Bongiorno v. City of New York

The claimant suffered accidental back and neck injuries in 1986, subsequently filing a workers' compensation claim. During litigation, an EMG in November 1987 revealed bilateral carpal tunnel syndrome, but a Workers' Compensation Law Judge found no causal relationship to the 1986 accident. In January 1992, a new physician, Dr. Richard Radna, diagnosed the carpal tunnel syndrome as occupational in nature, leading the claimant to file a separate occupational disease claim in April 1992. The employer controverted the claim, arguing it was time-barred under Workers' Compensation Law § 28, a defense upheld by the Workers' Compensation Board. However, the appellate court reversed this decision, ruling that the claim was timely because the claimant became aware of the occupational nature of the disease in January 1992, not when the syndrome was initially diagnosed in 1987.

Occupational DiseaseCarpal Tunnel SyndromeStatute of LimitationsTimeliness of ClaimNotice of Occupational DiseaseCausal RelationshipEMG TestPhysician's DiagnosisWorkers' Compensation Appeal
References
1
Case No. 535283
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Racheal Brown

Claimant Racheal L. Brown, a phlebotomist, appealed two decisions by the Workers' Compensation Board. Initially, her claim for right wrist tendonitis was established as an occupational disease, but right carpal tunnel syndrome was disallowed. Claimant later sought to amend her claim to include consequential right carpal tunnel syndrome after surgery, which the WCLJ initially allowed but the Board subsequently disallowed. The Board also deemed her rebuttal application deficient. This appellate court affirmed the Board's decision, finding no abuse of discretion in rejecting the rebuttal for incompleteness and concluding that substantial evidence supported the Board's denial of the consequential carpal tunnel syndrome claim, as claimant failed to establish a causal connection by competent medical evidence. The court also affirmed the Board's modification of the degree of disability to mild, based on established conditions.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeRight Wrist TendonitisCausal RelationshipAppellate ReviewBoard DecisionsDisability RateMedical EvidenceAdministrative Review
References
7
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