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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 Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
Case No. MISSING
Regular Panel Decision
Apr 25, 1979

Woodward v. Black Clawson/Dilts Div.

The Workers' Compensation Board found the claimant's cardiac disability and surgery were causally related to an accidental injury on January 12, 1972, based on the testimony of Dr. A. Black. The court affirmed this decision, finding substantial evidence in the record to support the board's determination. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

cardiac disabilitycardiac surgeryaccidental injurycausal relationshipmedical testimonyWorkers' Compensation Boardappeal affirmedemployer liabilityinsurance carrier liabilitysubstantial evidence
References
0
Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
0
Case No. MISSING
Regular Panel Decision

Jowers v. LAKESIDE FAMILY AND CHILDREN'S SERVICES

Lynn Jowers sued Lakeside Family and Children’s Services for wrongful termination, alleging discrimination based on his medical condition (atrial fibrillation) under the Americans with Disabilities Act (ADA). Jowers filed an EEOC complaint more than two years after his termination, exceeding the 300-day statutory limit. Lakeside moved to dismiss the complaint as time-barred, while Jowers cross-moved to dismiss Lakeside's motion, citing ignorance of the law regarding disability discrimination. The court granted Lakeside’s motion, dismissing Jowers’ complaint with prejudice, ruling that his explanation for the late filing was insufficient for equitable tolling, particularly as he had previously filed an EEOC complaint.

Employment DiscriminationADAAtrial FibrillationWrongful TerminationStatute of LimitationsEquitable TollingEEOCMotion to DismissCriminal Background CheckFalsified Employment Application
References
13
Case No. MISSING
Regular Panel Decision

Matter of Maffei v. Russin Lumber Corp.

The claimant, a lumber company manager, filed a workers' compensation claim established for occupational asthma and consequential atrial fibrillation. The case was expedited for permanency hearings. The employer and its workers' compensation carrier had video surveillance but failed to bring it to a scheduled expedited hearing, requesting a continuance after the claimant testified. The Workers’ Compensation Law Judge (WCLJ) denied the adjournment request, finding no emergency and classifying the claimant with a permanent total disability. The Workers' Compensation Board, on full Board review, upheld the WCLJ's decision, concluding that no emergency existed to justify a continuance for the carrier to produce the video. The Appellate Division affirmed the Board's decision, stating that the carrier was afforded due process and waived arguments regarding misrepresentation and the propriety of the expedited calendar transfer.

Video SurveillanceExpedited HearingAdjournment DenialDue ProcessPermanent Total DisabilityWorkers' Compensation BoardAppellate ReviewEvidentiary RulesEmergency ExceptionWaiver of Issues
References
6
Case No. 531672
Regular Panel Decision
Mar 04, 2021

Matter of Maldonado v. Doria, Inc.

Claimant Cesar Maldonado sustained a left ankle injury at work, which subsequently led to a causally-related pulmonary embolism (PE) and deep vein thrombosis (DVT). Following further proceedings, a Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board amended the claim to include major depression, posttraumatic stress disorder, and cardiac arrest. The employer and its carrier appealed the inclusion of cardiac arrest, arguing a narrow definition. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial medical evidence, including testimony from pulmonologists Nathan Rothman and Ali Eray Guy, supported the causal relationship between the cardiac arrest and the initial injury, rejecting the carrier's definitional arguments.

Ankle InjuryPulmonary EmbolismDeep Vein ThrombosisCardiac ArrestCausationMedical EvidenceAppellate ReviewExpert TestimonySyncopal EpisodesOccupational Injury
References
8
Case No. MISSING
Regular Panel Decision

Claim of Millar v. Town of Newburgh

An employer and its insurance carrier appealed a Workmen’s Compensation Board decision that awarded death benefits to a claimant, alleging the decedent suffered a compensable acute myocardial infarction due to emotional strain. The board found the decedent's stress, caused by the employer dividing his supervisory duties and hiring a new, higher-paid employee, led to his cardiac event and subsequent death. The appellate court acknowledged medical proof of causal relationship and precedents linking business pressures to compensable cardiac events. However, it reversed the decision, ruling that emotional upset stemming from an employer's legitimate business decisions, even if medically linked to a cardiac event, does not constitute a compensable industrial accident, dismissing the claim.

Workmen's CompensationMyocardial InfarctionEmotional StrainCausal RelationshipCompensable AccidentEmployment DecisionsAppellate ReviewDeath BenefitsEmployer LiabilityIndustrial Accident Scope
References
7
Case No. ADJ1961643
Regular
Sep 22, 2009

STEPHEN PERRYMAN vs. CITY OF SALINAS, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCity of SalinasJT2 Integrated ResourcesADJ1961643SAL 0116326Untimely FilingAward ServiceCardiac Disability
References
6
Case No. MISSING
Regular Panel Decision

Claim of Ayers v. Tioga County Sheriff's Department

The Workers’ Compensation Board ruled that the death of a claimant’s decedent, the Sheriff of Tioga County, arose out of his employment due to cardiac arrhythmia caused by job-related stress, and awarded death benefits. The Appellate Division affirmed this decision, finding substantial evidence to support the Board's conclusion. Medical experts testified that the decedent's stress from lawsuits and political controversy contributed to his cardiac arrhythmia, despite a history of hypertension and arteriosclerosis.

Workers' CompensationDeath BenefitsCardiac ArrhythmiaJob StressCausal RelationMedical TestimonySubstantial EvidenceAppellate ReviewTioga CountySheriff
References
2
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Apr 09, 2009

CESAR RAMIREZ vs. TIME WARNER CABLE, ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant Cesar Ramirez did not sustain an industrial injury. The Board found his ventricular fibrillation, which caused a motor vehicle accident, was a spontaneous, non-industrial medical event. The applicant's claim that a sudden stop in traffic caused "shock" leading to the fibrillation was not credited by the Board. Therefore, the applicant failed to prove his injury arose out of and occurred in the course of employment.

Ventricular fibrillationLone ventricular fibrillationSpontaneous eventNon-industrial medical conditionMotor vehicle accidentIndustrial causationReconsiderationPanel Qualified Medical Evaluator (QME)FrankbackIdiopathic seizure
References
2
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