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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

Claim of Giemza v. Town of Cambridge

This appeal concerns the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant was injured in 1993 while working for the Town of Cambridge, leading to a workers' compensation claim and a third-party action. A Workers’ Compensation Law Judge initially found work-related injuries and awarded benefits, but noted the applicability of § 25-a was pending the third-party action, which later settled. Subsequently, the WCLJ ruled that liability shifted to the Special Fund, but the Workers’ Compensation Board reversed, asserting there was no "true closing" of the case due to the pending third-party action. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the shift of liability to the Special Fund.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTrue ClosingThird-Party ActionLiability ShiftWorkers' Compensation BoardAppellate ReviewPending ProceedingsSelf-Insured CarrierWorkers' Compensation Law § 29
References
5
Case No. MISSING
Regular Panel Decision

Starr v. Cambridge Green Homeowners Ass'n

Plaintiff, a roofer, was injured after falling from a roof during a construction project. He slipped on wet wood, fell past a scaffold, and sustained multiple fractures, requiring surgeries. He sued Cambridge Green Homeowners Association, Inc. (owner) and Thomas Rose (general contractor) under Labor Law § 240, and Fred Hanlon (co-worker) for negligence in scaffold installation. The appellate court affirmed the judgments and order, finding the jury's verdict consistent and the damages award reasonable given the severity of plaintiff's injuries and their permanent impact on his life and work.

Roofing AccidentConstruction Site SafetyLabor Law 240Proximate CauseNegligencePersonal InjuryDamages AwardPain and SufferingAppellate ReviewJury Verdict
References
9
Case No. MISSING
Regular Panel Decision

Claim of Lewis v. Cambridge Filter Corp.

Claimant allegedly injured her back while working for Cambridge Filter Corporation in June 1982. She filed a claim for workers’ compensation benefits, which was initially disallowed by an Administrative Law Judge. The Workers’ Compensation Board later reversed this decision, relying primarily on the claimant’s testimony. However, the Appellate Division reversed the Board's determination, concluding it lacked substantial evidence. The court highlighted significant inconsistencies in the claimant's account compared to unimpeached testimony from impartial witnesses and supporting documentary evidence regarding the injury report and medical history, remitting the case for further proceedings.

Workers' CompensationBack InjuryCredibilitySubstantial EvidenceALJ ReversalBoard DecisionAppellate ReviewMedical TestimonyWitness TestimonyControverted Claim
References
4
Case No. ADJ6761550 ADJ6761551
Regular
Oct 29, 2010

JUAN SANCHEZ vs. CITY OF SANTA CLARA; PSI, administered by CAMBRIDGE

This case summary is for lawyer Juan Sanchez, who is seeking reconsideration from the Workers' Compensation Appeals Board (WCAB) concerning his claims against the City of Santa Clara and PSI, administered by Cambridge. The WCAB has granted Sanchez's Petition for Reconsideration, indicating that the initial decision warrants further review. Pending the final decision after reconsideration, all case-related communications must be directed to the WCAB's Office of the Commissioners in San Francisco, rather than any local office. The specific claims and underlying facts leading to this reconsideration are not detailed in this excerpt.

Petition for ReconsiderationGranting ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersSan Francisco District OfficeADJ6761550ADJ6761551City of Santa ClaraPSI
References
0
Case No. ADJ2564944 (FRE 0224116) ADJ4261717 (FRE 0227914)
Regular
Nov 07, 2008

ANN SWENGEL vs. CAMBRIDGE INTEGRATED SERVICES

The Appeals Board granted reconsideration and rescinded the prior award, returning the case for further proceedings. The Board will allow the Workers' Compensation Judge to consider an additional penalty for delayed Temporary Disability Indemnity payments and to re-evaluate the Applicant's Average Weekly Wage. Both parties are cautioned for violating Appeals Board rules by submitting extraneous documents with their petitions.

ReconsiderationJoint Findings and AwardUnreasonable DelayTemporary Disability IndemnityLabor Code Section 5814Attorney's FeesSanctionAverage Weekly WagePsychiatric BenefitsMedical Treatment Expenses
References
5
Case No. MISSING
Regular Panel Decision

Claim of Fonda v. Cambridge Filter Corp.

A claimant developed asbestosis from pre-1972 work-related asbestos exposure, diagnosed in 1991. Although the asbestosis did not cause pulmonary disability, the claimant developed a disabling panic or anxiety disorder due to the increased cancer risk. The Workers' Compensation Board denied benefits, ruling that pre-1974 asbestosis without total disability is non-compensable and a consequential anxiety disorder does not constitute an accident or occupational disease. The appellate court found that entitlement to compensation depends on whether the claimant was totally disabled by two inseparable causative agents, one of which was the asbestosis, especially since the Board had implied a causal link between asbestosis and the anxiety disorder. Because the Board failed to determine the extent of the claimant’s disability or the inseparability of the conditions, the decision was reversed and the matter remitted for further proceedings.

Workers' CompensationAsbestosisOccupational DiseaseAnxiety DisorderPanic DisorderCausationTotal DisabilityCompensabilityAppellate ReviewRemand
References
3
Case No. ADJ2023039 (POM 0295793)
Regular
Jan 11, 2018

JAVIER GUZMAN vs. FEDEX NATIONAL, CAMBRIDGE SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by the applicant, Javier Guzman. The WCAB adopted the report of the Workers' Compensation Administrative Law Judge (WCJ) as the basis for its denial. While acknowledging a factual inaccuracy in the WCJ's report regarding the Agreed Medical Examiner, the WCAB found no grounds to grant removal. Therefore, the petition was formally denied.

Order Denying RemovalPetition for RemovalWCJ ReportAMETreating PhysicianJavier GuzmanFedEx NationalCambridge SacramentoWorkers' Compensation Appeals Board
References
0
Case No. ADJ5761209
Regular
Sep 20, 2010

RICHARD PADGETT vs. AON CORPORATION, CAMBRIDGE/XCHANGING

The Workers' Compensation Appeals Board (WCAB) granted the defendant Aon Corporation's petition for reconsideration of an administrative law judge's findings. This decision was made to allow for a more thorough review of the case's factual and legal issues. Additionally, the WCAB granted the defendant's request to file a supplemental brief within 15 days. All future correspondence regarding this case should be directed to the WCAB's Office of the Commissioners.

ADJ5761209Petition for ReconsiderationFindings of FactSupplemental BriefAppeals Board Rule 10848Decision After ReconsiderationOffice of the Commissioners
References
0
Case No. ADJ6864698
Regular
Feb 10, 2014

JOSH HOOD vs. BEACON FIRE AND SAFETY, CAMBRIDGE

This case concerns a defendant's petition for reconsideration regarding an order to satisfy a medical treatment lien. The defendant argued they never received notice of the lien conference or the subsequent order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the original order. The WCAB returned the matter to the trial level for further proceedings, including a lien conference, and a new decision due to confusion over the "Notice of Intention to Allow Lien" caption.

ReconsiderationLienNotice of Intention to Allow LienWCJTrial LevelLien ConferenceRescindedVacatedMedical TreatmentIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision
Nov 30, 2010

Cambridge Integrated Services Group, Inc. v. Faber

The Supreme Court, New York County, affirmed a motion denying summary judgment for defendants Norman L. Faber, Esq., and Law Office of Norman L. Faber, Esq. The case involves an action by the administrator for Fremont, a workers' compensation carrier, to enforce a lien against settlement proceeds. Donald Pressley, a New York City resident, was injured in a tractor-trailer accident and received New Jersey workers' compensation benefits from Fremont. Pressley later settled a legal malpractice action against his initial attorney, Paul A. Shneyer, for failing to timely commence a personal injury lawsuit, with Faber representing Pressley in that action. The current action concerns whether New Jersey law applies to the lien against the malpractice recovery, with the court concluding that New Jersey law is applicable and the action is not time-barred.

Summary JudgmentWorkers' Compensation LienLegal MalpracticeSettlement ProceedsConflict of LawsNew Jersey LawNew York Public PolicyStatute of LimitationsAccrual of ClaimDouble Recovery
References
5
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