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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

In re Ephedra Products Liability Litigation

Plaintiff Sharon Stafford sued Universal Nutrition Corp. (UNC), MTM Marketing and Consulting Inc. (MTM), and Robert Michnal, alleging their ephedra product, ThermoSlim, caused her 2002 stroke. Defendants moved for summary judgment, contesting causation and personal jurisdiction, and seeking to exclude the testimony of treating neurologist Dr. Wesley Dennis. The court denied the summary judgment motions, finding sufficient evidence for a jury to infer causation under Texas law, which governs the case. The court also found personal jurisdiction over all defendants. Dr. Dennis's specific causation opinion was admitted, though other opinions were excluded.

toxic tortephedraThermoSlimstrokecausationsummary judgmentexpert testimonyDaubertpersonal jurisdictioncorporate veil

References

Case No. MISSING

Regular Panel Decision

Cornell v. 360 West 51st Street Realty, LLC

Brenda Cornell sued 360 West 51st Street Corp. for personal injuries allegedly caused by indoor exposure to dampness and mold in her Manhattan apartment. The Supreme Court initially granted summary judgment to the defendant, finding Cornell failed to prove general or specific causation under the Frye standard. The Appellate Division subsequently reversed this, suggesting Cornell's expert opinion had "some support" in scientific literature. However, the Court of Appeals, in this opinion, reversed the Appellate Division's decision, concluding that Cornell failed to raise a triable issue of fact. The court reiterated that scientific "association" does not equate to "causation" and found her expert's differential diagnosis insufficient due to lack of exposure quantification and inadequate ruling out of other causes. Consequently, the defendant's motion for summary judgment dismissing the complaint was ultimately granted.

Mold ExposurePersonal InjuryCausationFrye StandardScientific EvidenceExpert Witness TestimonySummary JudgmentAppellate ReviewEnvironmental HealthDifferential Diagnosis

References

Case No. ADJ2552674 (STK 0182074), ADJ2434993 (LAO 0814353), ADJ815249 (STK 0199201)

Regular

Jan 24, 2012

CARLOS GASCA vs. HOWARD MARTIN FARMS, CIGA through its servicing facility INTERCARE INSURANCE for PAULA INSURANCE, in liquidation, CALIFORNIA INDEMNITY

The Workers' Compensation Appeals Board rescinded the prior award and remanded the case for further proceedings. The Board found that Dr. Abelow's medical opinion lacked substantial evidence due to factual inaccuracies and assumptions, particularly regarding the applicant's injury causation and apportionment. Additionally, Dr. Kimmel's psychiatric opinion failed to meet legal causation standards, deferring to orthopedic findings. The lien claimant's contentions will be reviewed anew by the WCJ upon remand.

Workers' Compensation Appeals BoardCarlos GascaHoward Martin FarmsCIGAIntercare InsurancePaula InsuranceCalifornia IndemnityJoint Findings and AwardAdministrative Law JudgeReconsideration

References

Case No. ADJ10715455

Regular

Mar 18, 2019

MICHAEL KAMM vs. COUNTY OF MONTEREY, P.S.I., administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC.

In this case, the Appeals Board partially rescinded the WCJ's award for psychiatric injury due to inconsistencies in the medical opinion regarding predominant causation. While the Board affirmed the rejection of the good faith personnel action defense, it found Dr. Lopez's opinion lacked clarity on whether employment events were the predominant cause of the applicant's overall psychiatric disability. Therefore, the matter is returned to the WCJ for further development of the medical record to clarify predominant causation before a new decision can be issued.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryPredominant CausationLabor Code Section 3208.3(h)Good Faith Personnel Action DefensePanel Qualified Medical Evaluator (PQME)Dr. LopezAnxiety DisorderMajor Depression

References

Case No. ADJ7348149

Regular

Mar 18, 2019

CELINE ROUYA vs. SAVE MART SUPERMARKETS, CORVEL CORPORATION

The applicant appeals the WCJ's decision denying injury to psyche and other body parts, arguing the WCJ erred by not addressing her harassment claim and finding the personnel actions were in good faith. The Appeals Board granted reconsideration to further study the issues, noting discrepancies in witness testimony and insufficient medical opinions on causation. The case is returned to the WCJ for further proceedings to develop the record, including obtaining clarified medical opinions on causation and further testimony. The dissenting commissioner would affirm the WCJ's decision, finding the personnel actions were legal and non-discriminatory, and applicant's harassment claims were not supported by objective evidence.

Workers' Compensation Appeals BoardCeline RouyaSave Mart SupermarketsCorvel CorporationADJ7348149ReconsiderationPsychiatric InjuryPharmacy TechnicianHarassmentNational Origin

References

Case No. ADJ1577836

Regular

May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.

References

Case No. VNO 0439261, VNO 0439262

Regular

May 08, 2008

CAROL SIERRAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision to deny the applicant's fibromyalgia claim. The Board found the trial judge erred by disregarding the Agreed Medical Examiner's (AME) opinion on causation without sufficient justification, emphasizing that medical causation is a question for expert opinion. The case was remanded for further proceedings, including potential apportionment of disability.

Workers Compensation Appeals BoardCarol SierrasLos Angeles Unified School DistrictSedgwick Claims ManagementAmended Findings and Awardscumulative trauma injurypsychelumbar spinebilateral kneespermanent disability

References

Case No. ADJ7139261

Regular

Sep 10, 2012

VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation

References

Case No. 91 Civ. 4544

Regular Panel Decision

Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc.

This opinion addresses defendants Fendi USA, Inc. and Fendi Stores, Inc.'s motion in limine to preclude the expert testimony of Dr. Dov Frishberg. Plaintiff Fashion Boutique of Short Hills, Inc. sought to present Dr. Frishberg's economic analysis on the lost value of its business, attributing its closure to Fendi's alleged business slander and disparagement of goods. The court granted Fendi's motion, finding Dr. Frishberg's causation assumption irrational because the alleged defamatory statements occurred after Fashion Boutique's sales began to decline. Additionally, New York law requires specific proof of special damages, including identifying lost customers, which Fashion Boutique failed to provide given the limited dissemination of the alleged statements. Consequently, the expert testimony was deemed inadmissible as it would not assist the jury and was irrelevant to the claims under New York law.

Motion in LimineExpert Testimony ExclusionEconomic DamagesLost ProfitsBusiness SlanderDisparagement of GoodsSpecial DamagesCausation ProofNew York LawFederal Rules of Evidence 702

References

Case No. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)

Regular

Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing the death benefit to $125,000 and the attorney fee to $18,750, based on a June 2004 date of injury. The Board denied the defendant's petition, upholding the finding that the deceased worker's death from cancer was industrially caused based on Dr. O'Neill's medical opinion. While the majority found Dr. O'Neill's revised opinion, considering chromosomal damage and a specific medical article linking rare tumors to similar chemical exposures, constituted substantial evidence, one commissioner dissented, arguing the medical evidence was insufficient for a finding of industrial causation. The dissenting commissioner believed further medical evaluation was necessary, preferring an IME to resolve the causation issue.

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re Ephedra Products Liability Litigation

toxic tortephedraThermoSlimstrokecausationsummary judgmentexpert testimonyDaubertpersonal jurisdictioncorporate veil

References

Case No. MISSING

Regular Panel Decision

Cornell v. 360 West 51st Street Realty, LLC

Mold ExposurePersonal InjuryCausationFrye StandardScientific EvidenceExpert Witness TestimonySummary JudgmentAppellate ReviewEnvironmental HealthDifferential Diagnosis

References

Case No. ADJ2552674 (STK 0182074), ADJ2434993 (LAO 0814353), ADJ815249 (STK 0199201)

Regular

Jan 24, 2012

CARLOS GASCA vs. HOWARD MARTIN FARMS, CIGA through its servicing facility INTERCARE INSURANCE for PAULA INSURANCE, in liquidation, CALIFORNIA INDEMNITY

Workers' Compensation Appeals BoardCarlos GascaHoward Martin FarmsCIGAIntercare InsurancePaula InsuranceCalifornia IndemnityJoint Findings and AwardAdministrative Law JudgeReconsideration

References

Case No. ADJ10715455

Regular

Mar 18, 2019

MICHAEL KAMM vs. COUNTY OF MONTEREY, P.S.I., administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC.

References

Case No. ADJ7348149

Regular

Mar 18, 2019

CELINE ROUYA vs. SAVE MART SUPERMARKETS, CORVEL CORPORATION

Workers' Compensation Appeals BoardCeline RouyaSave Mart SupermarketsCorvel CorporationADJ7348149ReconsiderationPsychiatric InjuryPharmacy TechnicianHarassmentNational Origin

References

Case No. ADJ1577836

Regular

May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.

References

Case No. VNO 0439261, VNO 0439262

Regular

May 08, 2008

CAROL SIERRAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT

References

Case No. ADJ7139261

Regular

Sep 10, 2012

VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation

References

Case No. 91 Civ. 4544

Regular Panel Decision

Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc.

Motion in LimineExpert Testimony ExclusionEconomic DamagesLost ProfitsBusiness SlanderDisparagement of GoodsSpecial DamagesCausation ProofNew York LawFederal Rules of Evidence 702

References

Case No. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)

Regular

Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury

References

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