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Case Law Database

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

Case No. ADJ3203306 (LAO 0871862)
Regular
Jul 13, 2011

Vanessa Bruce vs. SOUTHWEST HEALTHCARE MEDICAL, TRAVELERS

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that found industrial injury to the lumbar spine but denied injury to the internal systems and sleep disorder. The applicant argued the WCJ erred by ignoring a stipulation for injury to the left lower extremity, hip, and buttocks, and by rejecting evidence of an industrially-caused sleep disorder. The WCAB granted reconsideration, amended the findings to include injury to the left lower extremity, left hip, and buttocks, but otherwise affirmed the original decision, finding no industrial basis for the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLumbar SpineInternal SystemsSleep DisorderLeft Lower ExtremityLeft HipButtocks
References
2
Case No. ADJ12225936
Regular
Apr 03, 2023

JENNIFER MENDEZ vs. WESTERN INN HOTEL, AMERICAN AUTOMOBILE INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its findings to include injury arising out of and in the course of employment (AOE/COE) to the applicant's coccyx, based on AME Dr. Wood's reports of a fractured coccyx and a fall. Despite this finding, the Board affirmed the denial of temporary disability benefits due to a lack of corroborating medical evidence and inconsistencies in the applicant's testimony regarding work restrictions and physician referrals. The Board also clarified that the applicant failed to prove industrial injuries to her hips, buttocks, and hernia. The decision emphasizes the necessity of medical evidence for temporary disability claims and questions the applicant's credibility.

Coccyx injuryIndustrial fallRadicular symptomsForaminal stenosisPetition for ReconsiderationAgreed Medical Evaluator (AME)Temporary disabilityMedical evidenceCredibility assessmentLabor Code 5903
References
6
Case No. MISSING
Regular Panel Decision

Claim of Sicker v. Karl Schroll & Associates, Inc.

This case concerns an appeal challenging a decision and award of death benefits. The decedent, a 63-year-old steamship worker, sought medical attention for painful buttocks, attributing it to a work-related incident. Dr. Flynn initially diagnosed a hematoma, leading to operative procedures, but the decedent's condition deteriorated, and he died of diffuse lymphosarcoma. An impartial specialist later determined no causal link between the alleged trauma and death, and it was conceded that the 'hematoma' was cancerous hemorrhaging, not accident-related. Therefore, the appellate court reversed the board's decision and dismissed the claim, finding the operative procedures were based on a mistaken diagnosis and not necessitated by employment.

Death BenefitsCausal RelationshipMistaken DiagnosisLymphosarcomaWorkers' Compensation AppealMedical TestimonyAutopsy FindingsEmployment-Related InjuryOperative ProceduresPre-existing Condition
References
0
Case No. 2019 NY Slip Op 06248 [175 AD3d 895]
Regular Panel Decision
Aug 22, 2019

Matter of Workman v. Dumouchel

This case concerns an appeal regarding an order for the euthanasia of a dog, Wally, after it bit a three-year-old child, causing severe lacerations requiring surgery and 30 stitches to the buttocks. The Appellate Division, Fourth Department, affirmed the County Court's decision, which had upheld the Town Court's euthanasia order. The majority concluded that the child's injuries constituted a "serious physical injury" leading to "serious or protracted disfigurement" under Agriculture and Markets Law. The dissenting opinion argued that petitioners failed to provide sufficient evidence of protracted or serious disfigurement and criticized the Town Court's impartiality, emphasizing that euthanasia should be a last resort.

Animal AttackDog EuthanasiaSerious Injury DefinitionDisfigurement LawAppellate DivisionNew York State LawChild SafetyEvidence StandardJudicial ImpartialityWorkers' Compensation Law Precedent
References
24
Case No. MISSING
Regular Panel Decision
Nov 17, 1999

Claim of Currier v. Manpower, Inc.

Claimant, employed by Manpower, Inc., experienced back, buttocks, and leg pain from repetitive manual labor as a plastics inspector and punch machine operator between April 1995 and May 1996. Diagnosed with chronic lumbosacral strain and sciatica by her chiropractor, she filed for workers’ compensation benefits. The Workers’ Compensation Board concluded that she sustained a causally related occupational disease, a decision appealed by Manpower and its carrier. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the occupational disease determination and that timely notice was given under Workers’ Compensation Law § 45 for occupational diseases, rather than the 30-day requirement for accidental injuries under § 18.

Occupational diseaseWorkers' Compensation BoardRepetitive strain injuryLumbar strainSciaticaTimely noticeAppellate reviewSubstantial evidenceChiropractic treatmentEmployment injury
References
5
Case No. MISSING
Regular Panel Decision

People v. Sumpter

This criminal case concerns a defendant's conviction for third-degree sexual abuse. The evidence showed the defendant "confronted" a co-worker, grabbed and caressed her buttocks through clothing, and attempted to kiss her with his tongue, despite her protests. The court affirmed the conviction, finding the defendant's conduct legally sufficient to infer an intent for sexual gratification under Penal Law § 130.55, which defines sexual contact as any touching of intimate parts for sexual desire. The dissenting opinion argued that the incident was an isolated, unrequited overture between co-workers, lacked sufficient evidence of sexual gratification intent, and thus the verdict was against the weight of the evidence. However, the majority emphasized that the sexual gratification element could be inferred from the perpetrator's actions, and the complainant's testimony was credible.

Sexual Abuse Third DegreePenal Law Section 130.55Sexual ContactSexual GratificationWithout ConsentWorkplace IncidentCriminal ConvictionSufficiency of EvidenceWeight of EvidenceAppellate Review
References
21
Case No. MISSING
Regular Panel Decision

Claim of Prescott v. Town of Lake Luzerne

A claimant fell off a dump truck at work in February 2008, landing on his right buttock and injuring his hip. The injury led to surgery in May 2008 to remove heterotopic bone and subsequent two-stage hip replacement revision surgeries in November 2008 and February 2009 due to an infection. The Workers’ Compensation Board found the initial surgery and subsequent revisions causally related to the work fall and supported compensation awards. The employer appealed, arguing that an independent medical examination (IME) was improperly precluded and that the initial surgery lacked proper authorization. The Appellate Division affirmed the preclusion of the IME due to untimeliness and upheld the causal relationship findings for the injury and subsequent surgeries. However, the court reversed the Board's determination that the May 2008 surgery was properly authorized, remitting that specific issue for further proceedings, while affirming all other appealed decisions.

Causal RelationshipIndependent Medical Examination (IME)Evidence PreclusionSurgery AuthorizationHip InjuryHeterotopic OssificationMedical Opinion ConflictDue ProcessRemittiturEmployer Liability
References
8
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