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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
Mar 28, 2014

Gallen v. County of Rockland

This case concerns an appeal by defendants Jay L. Lombard and Brain Behavior Center-Rockland from the denial of their motion for summary judgment in a medical malpractice and wrongful death action. The plaintiff's decedent, after a suicide attempt, was discharged from Valley Hospital with a safety contract. The same day, he was seen by defendant Lombard, a neurologist, who performed a suicide assessment, prescribed medication, and concluded there was no immediate risk, but the decedent committed suicide a week later. The Supreme Court denied the defendants' motion for summary judgment, and the appellate court affirmed, finding a triable issue of fact regarding whether Lombard departed from good medical practice by failing to obtain prior records and conducting an inadequate suicide assessment.

Medical MalpracticeWrongful DeathSuicide AssessmentNeurologist LiabilitySummary JudgmentAppellate ReviewStandard of CareProximate CausePatient DischargePsychiatric Treatment
References
6
Case No. SRO 134400, SRO 139130
Regular
Sep 11, 2007

COBY RICHARDS vs. COUNTY OF SONOMA AND G.B. BRAGG AND ASSOCIATES, CITY OF CLOVERDALE AND REMIF

The applicant, a police officer, claimed a cumulative trauma injury resulting in a brain tumor, asserting exposure to x-rays as a known carcinogen under Labor Code section 3212.1. The Appeals Board denied reconsideration, affirming the finding that the applicant did not establish an industrial injury. While acknowledging the applicant's exposure to x-rays, the Board found this exposure did not present a reasonable link to the brain tumor, as per the Agreed Medical Examiner's opinion that only direct radiation to the brain is a known risk factor.

Workers' Compensation Appeals BoardIndustrial injuryAstrocytomaBrain tumorCarcinogenLabor Code section 3212.1Presumption of injuryPeace officerCumulative traumaX-rays
References
7
Case No. ADJ11114962
Regular
Jan 10, 2019

HECTOR HERNANDEZ vs. MARK DATTILLO’S HEATING AND AIR CONDITIONING, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the judge's finding that the applicant's accepted head injury included a brain injury. The Board found the defendant's objections regarding notice of the brain injury claim and the timeliness of their response to medical treatment requests were unfounded. Furthermore, the Board determined that the defendant waived its right to dispute the industrial causation of the brain injury by previously authorizing treatment with a neurologist who diagnosed such an injury. The defendant's due process claims were also rejected.

Workers' Compensation Appeals BoardTraumatic Brain InjuryExpedited HearingFindings and AwardPetition for ReconsiderationLabor Code section 4610Utilization ReviewPrimary Treating PhysicianAgreed Medical ExaminationWCJ
References
9
Case No. ADJ9084165
Regular
Oct 19, 2015

BOBBY DUCKWORTH vs. LOS ANGELES RAMS, TRAVELERS, SAN DIEGO CHARGERS, INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant's current claim for cumulative brain injury is not barred by a 1989 compromise and release agreement. The 1989 agreement specifically released claims for orthopedic injuries, and there was no evidence that the applicant knew of or intended to release a brain injury claim at that time. The Board found that the brain injury claim, diagnosed later, involved a distinct injury not contemplated by the earlier settlement. Therefore, the doctrines of res judicata and collateral estoppel did not apply to bar the current claim.

res judicatacollateral estoppelcompromise and releasecumulative injurybrain injurynervous systemorthopedic injurylatent conditiondate of injuryworkers' compensation appeals board
References
13
Case No. MISSING
Regular Panel Decision
Nov 29, 2001

Claim of Caiazza v. Eastman Kodak Co.

The claimant, a former machinist, developed skin cancer in 1990 and later lung and brain cancers in 2000, attributed to occupational exposure. Following his retirement in 2001, the employer conceded the lung and brain cancers were consequential to the initial skin cancer. A Workers' Compensation Law Judge (WCLJ) found the claimant permanently totally disabled and awarded weekly benefits of $300, based on the original skin cancer disablement date of February 27, 1986. The claimant sought Workers' Compensation Board review, arguing for an April 24, 2000 disablement date (diagnosis of lung/brain cancers) to receive higher benefits of $400/week. The Board affirmed the WCLJ's decision, citing the claimant's prior stipulation to modify the original claim for consequential injuries and established law that such awards are measured by rates at the time of the original injury. The appellate court affirmed the Board's decision, finding it was not unreasonable to rely on the claimant's agreement and that the award rate was supported by substantial evidence.

Occupational DiseaseWorkers' Compensation BenefitsDate of DisablementBenefit Rate CalculationConsequential InjurySkin CancerLung CancerBrain CancerPermanent Total DisabilityAppellate Review
References
4
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
29
Case No. ADJ11339054, ADJ10362180
Regular
Mar 20, 2023

DONALD TERRY vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration. The Board affirmed the Administrative Law Judge's (ALJ) award finding industrial injury to the applicant's head, brain, heart, and stroke, in addition to previously stipulated knee injuries. This decision was based on the fact that the original stipulation expressly left the head, brain, heart, and stroke claims open for further litigation. Medical evidence supported these additional injuries as a compensable consequence of the initial knee injury.

WCABPetition for ReconsiderationFindings and Awardadministrative law judgeindustrial injurycumulative traumapermanent disabilityapportionmentfurther medical treatmentstipulated award
References
1
Case No. ADJ9463222
Regular
Feb 10, 2017

Randy Andrews vs. CITY OF LOS ANGELES

This case involves a police officer diagnosed with brain cancer who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) reversed an administrative law judge's decision, finding the officer's brain cancer is presumed to be industrially caused under Labor Code section 3212.1. This presumption applies because the cancer developed within the statutory post-employment period, entitling the applicant to an unapportioned award of 72% permanent disability. The WCAB also established the date of injury as May 6, 2014, when the applicant first knew of a potential connection between his cancer and employment.

Section 3212.1 presumptionPolice officer cancerIndustrial causationReconsiderationDate of injuryLabor Code section 5412ApportionmentPermanent disabilityAgreed Medical EvaluatorCarcinogens
References
19
Case No. MISSING
Regular Panel Decision

In re the Claim of Uhler v. A & P

Claimant suffered electrocution injuries in 1981, initially affecting his left hand and later manifesting as brain trauma. In 1989, the Workers' Compensation Board reopened the case, finding that the Statute of Limitations was tolled due to the claimant's mental incompetency, which stemmed from the electrocution. The Board awarded workers' compensation benefits for the brain trauma and absolved the Special Fund for Reopened Cases from liability. The employer appealed, but the court affirmed the Board's findings, citing substantial evidence of mental incompetence, the tolling of the Statute of Limitations, and the claimant's total disability. The court also agreed that Workers’ Compensation Law § 25-a was inapplicable.

Mental IncompetencyStatute of LimitationsBrain TraumaElectrocution InjuryTotal DisabilityMedical Expert TestimonyWorkers' Compensation BenefitsSpecial Fund LiabilityPersonality DisorderMemory Loss
References
3
Case No. MISSING
Regular Panel Decision

Rubies v. Aqua Club, Inc.

Judge Read dissents from the majority's interpretation of 'permanent total disability' concerning acquired brain injuries under Workers’ Compensation Law § 11. Read argues for a narrower definition, requiring the inability to perform usual daily living activities, aligning with legislative intent for the 1996 amendment to section 11. This amendment aimed to strictly curtail third-party actions against employers by narrowly defining 'grave injuries.' The dissent stresses that the list of grave injuries is exhaustive, not illustrative, and should not be broadly interpreted. Therefore, the definition of 'permanent total disability' for an acquired brain injury should essentially require a vegetative state to protect employers as intended by the Legislature.

Workers' CompensationGrave InjuryAcquired Brain InjuryPermanent Total DisabilityLegislative IntentStatutory InterpretationEmployer LiabilityThird-Party ActionsDissenting OpinionJudicial Review
References
5
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