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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

Claim of Dechick v. Auburn Correctional Facility

Claimant sustained a right knee injury in November 2002 while working as a maintenance assistant at Auburn Correctional Facility. Following surgery, he alleged a consequential aggravation of chronic obstructive pulmonary disease (COPD). A Workers’ Compensation Law Judge initially established the claim for COPD, but the Workers’ Compensation Board reversed this decision, deeming the medical evidence insufficient to prove a causal link between the knee injury/surgery and the COPD. The Appellate Division affirmed the Board's decision, upholding that the Board was within its authority to reject speculative medical evidence, even in the absence of contradictory evidence in the record.

Workers' CompensationConsequential InjuryCOPDKnee InjuryMedical CausationSpeculative EvidenceAppellate ReviewBoard DecisionAffirmationSufficiency of Evidence
References
4
Case No. 531185
Regular Panel Decision
Jan 07, 2021

Matter of Lewandowski v. Safeway Envtl. Corp.

Zdzislaw Lewandowski, a former World Trade Center cleanup worker, appealed a Workers' Compensation Board decision that disallowed his claim for chronic obstructive pulmonary disease (COPD). Lewandowski sought benefits for various ailments, including depression, breathing problems, gastroesophageal reflux disease (GERD), and rhinitis. The Board had established his claims for GERD and posttraumatic stress disorder (PTSD) but maintained the disallowance for COPD due to insufficient evidence of a causal relationship. The Appellate Division, Third Department, affirmed the Board's decision regarding the disallowance of the COPD claim, finding it supported by substantial evidence. However, the court reversed the Board's denial to revisit Lewandowski's date of disablement and average weekly wage, remitting the matter for consideration of the date most beneficial to the claimant under Workers' Compensation Law § 164, and for further proceedings consistent with its decision.

World Trade Center cleanupChronic Obstructive Pulmonary DiseaseGERDPTSDAgoraphobiaPanic DisorderCausationMedical EvidenceDate of DisablementAverage Weekly Wage
References
19
Case No. MISSING
Regular Panel Decision

Claim of Kuczynski v. Trinity Foundry

This case involves an appeal from a Workers’ Compensation Board decision concerning the apportionment of liability for a claimant's chronic obstructive pulmonary disease (COPD). The claimant, who had worked at various foundries including Kennedy Valve (under ITT Grinnell and later McWane Inc.) and Trinity Foundry, filed a claim after a COPD diagnosis in 2004. A Workers’ Compensation Law Judge initially established the claim and found Kennedy Valve/McWane liable. The Board subsequently apportioned liability among ITT Grinnell (71%), Trinity (28%), and Kennedy Valve/McWane (1%). Trinity and its workers’ compensation carrier appealed this apportionment. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant contracted COPD prior to his 1994 employment with Kennedy Valve/McWane, thus justifying the apportionment of liability among the employers.

chronic obstructive pulmonary diseaseCOPDworkers' compensationoccupational diseaseapportionmentfoundry workemployer liabilitymedical expert testimonyappellate reviewliability distribution
References
4
Case No. 533623
Regular Panel Decision
Sep 29, 2022

Matter of Vaughan v. Heritage Air Sys., Inc.

Claimant Georgina M. Vaughan sought workers' compensation death benefits for her deceased spouse, a former sheet metal worker who died from cardiopulmonary arrest due to chronic obstructive pulmonary disease (COPD). An autopsy by Dr. Evgeny Olenko concluded his death was due to COPD following prolonged exposure to construction dusts and noxious gases during his employment with Heritage Air Systems, Inc., an opinion corroborated by the carrier's medical expert, Dr. Carl Friedman. The Workers' Compensation Board granted the claim, establishing a causal relationship between his employment and death. The employer and its carrier appealed, challenging the Board's reliance on the decedent's statements and the sufficiency of medical evidence. The Appellate Division, Third Department, affirmed the Board's decision, finding the decedent's statements properly corroborated and substantial evidence supporting the causal link.

Workers' CompensationDeath BenefitsCausationOccupational ExposureCOPDSheet Metal WorkerCorroborationMedical EvidenceSubstantial EvidenceAppellate Review
References
13
Case No. 533623
Regular Panel Decision
Sep 29, 2022

In the Matter of the Claim of Georgina M. Vaughan

Georgina M. Vaughan filed a claim for workers' compensation death benefits after her spouse, Kenneth Vaughan, died from cardiopulmonary arrest due to chronic obstructive pulmonary disease (COPD) in 2017. Mr. Vaughan had worked as a sheet metal worker for Heritage Air Systems, Inc. from 1997-1998. Medical evidence, including an autopsy report by Dr. Evgeny Olenko and an independent medical examination by Dr. Carl Friedman, concluded that Mr. Vaughan's COPD and subsequent death were causally related to prolonged occupational exposure to construction-related dusts and noxious gases during his employment. The Workers' Compensation Law Judge (WCLJ) and a majority of the Workers' Compensation Board panel affirmed the finding of a causally related death, crediting the claimant's testimony about the decedent's statements and the expert medical opinions. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the conclusion that the decedent's death was causally related to his employment and that the decedent's declarations were properly corroborated.

Death BenefitsCOPDOccupational ExposureSheet Metal WorkerCausationSubstantial EvidenceDeclarations of Deceased EmployeeCorroborationMedical Expert OpinionAppellate Review
References
14
Case No. MISSING
Regular Panel Decision
Feb 16, 2006

Claim of McDonald v. Water Tunnel Contractors

The claimant, a former sand hog, filed for workers' compensation benefits after being diagnosed with occupational lung diseases, including chronic obstructive pulmonary disease (COPD) and silicosis. Initially, the Workers' Compensation Law Judge (WCLJ) established the case for COPD and silicosis, and classified claimant with a permanent partial disability, leading to awards. The employer's carrier sought reimbursement from the Special Disability Fund for silicosis-related benefits, as per Workers’ Compensation Law § 15 (8) (ee). However, a subsequent WCLJ decision, prompted by the Special Disability Fund, found no disability due to silicosis, thereby denying reimbursement. The Workers' Compensation Board reversed this WCLJ decision, ruling that the Special Disability Fund lacked standing to challenge the diagnosis and was liable for reimbursement. This Court reversed the Board's decision, affirming that the Special Disability Fund has standing to challenge the diagnosis affecting its reimbursement liability, and found no substantial medical evidence in the record to support a finding of disability due to silicosis. Consequently, the Special Disability Fund is not required to reimburse the carrier for silicosis, and the case is remitted to the Board for further proceedings to determine if claimant suffers from another qualifying dust disease for which reimbursement may be applicable.

Workers' Compensation LawSpecial Disability FundSilicosisOccupational Lung DiseasePermanent Partial DisabilityReimbursement ClaimsStandingSubstantial EvidenceAppellate ReviewMedical Diagnosis
References
10
Case No. SJO 223167
Regular
Nov 07, 2007

PAUL NEAL vs. STEVENS CREEK TOYOTA, MID CENTURY INSURANCE, SUBSEQUENT INJURIES FUND of the STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied reconsideration for Paul Neal's case. The Board adopted the judge's report which found that Neal's pre-existing COPD constituted a pre-existing disability despite his prior employment. The judge also found Neal's testimony credible regarding his limited actual work hours, supporting the award of permanent total disability based on expert vocational opinion.

Workers Compensation Appeals BoardSubsequent Injuries FundPetition for ReconsiderationAdministrative Law JudgePermanent Total DisabilityPre-existing DisabilityChronic Obstructive Pulmonary DiseaseLabor DisablingVocational ExpertOdd-Lot
References
0
Case No. ADJ27 10071 (STK 0215121)
Regular
Jul 10, 2017

William Ford vs. Gallo Glass Company

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration of an award to William Ford. The Board affirmed the administrative law judge's decision to allow amendment of the claim to include sleep disorder and respiratory injuries (COPD), finding these were part of a single cumulative trauma injury. The Board also upheld the deferral of the employer's reimbursement claim against an Agreed Medical Examiner. The employer's arguments regarding separate claims and insufficient medical evidence were rejected.

WCABPetition for ReconsiderationAmendment of ApplicationCumulative TraumaSleep DisorderCOPDAgreed Medical ExaminerPetition for ReimbursementFindings of FactAward and Order
References
3
Case No. MISSING
Regular Panel Decision

Sanchez v. Berryhill

Plaintiff Ruben Sanchez sought judicial review of the Acting Commissioner of Social Security's final decision denying his application for disability insurance benefits. The plaintiff alleged disability since December 2012 due to multiple impairments including hypertension, diabetes, and COPD. His application was denied initially and on reconsideration, and an ALJ upheld the denial. The district court affirmed the Commissioner's decision, finding that the ALJ's determination was supported by substantial evidence and any legal error was harmless, particularly regarding the number of jobs existing in the national economy and the evaluation of the plaintiff's intellectual impairment.

Social Security ActDisability BenefitsALJ DecisionResidual Functional CapacityVocational ExpertUnskilled WorkIntellectual ImpairmentSubstantial EvidenceHarmless ErrorJudgment on Pleadings
References
17
Case No. MISSING
Regular Panel Decision

McCarthy v. Colvin

Plaintiff Michael McCarthy sought disability insurance benefits under the Social Security Act, alleging denial by the Commissioner of Social Security for conditions including COPD, depression, and shoulder impairments. An Administrative Law Judge (ALJ) denied his application, a decision upheld by the Appeals Council. McCarthy challenged this, arguing the ALJ improperly assessed his residual functional capacity and failed to give proper weight to his treating physician's opinion. The District Court agreed, finding the ALJ's reasoning unsupported by medical evidence. The court reversed the ALJ's decision and remanded the case for the calculation and payment of benefits to McCarthy.

Social Security DisabilityDisability Insurance Benefits (DIB)Chronic Obstructive Pulmonary Disease (COPD)Mental Health ImpairmentsShoulder ConditionsResidual Functional Capacity (RFC)Treating Physician RuleALJ ErrorRemand for BenefitsSubstantial Evidence Review
References
18
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