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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
Nov 17, 1977

Daigneault v. Allegheny Ludlum Steel Corp.

The Workers’ Compensation Board found that the claimant developed chronic bronchitis precipitating emphysema, which was causally related to their employment due to exposure to irritating factors, leading to disability. This decision, filed on November 17, 1977, was appealed. The appellate court affirmed the board's determination, concluding that there was substantial medical evidence to support the finding. Costs were awarded to the Workers’ Compensation Board against the self-insured employer.

Chronic BronchitisEmphysemaCausally Related EmploymentDisabilityMedical EvidenceWorkers' Compensation AppealSelf-Insured EmployerBoard Decision
References
1
Case No. MISSING
Regular Panel Decision
Feb 11, 2009

Corson v. Astrue

This case involves an appeal of the Commissioner's decision to deny Social Security Disability Insurance (SSDI) benefits to Arnell M. Corson. Plaintiff Corson suffers from chronic neck and back discomfort and depression. Magistrate Judge Leslie G. Foschio recommended granting the defendant's motion for judgment on the pleadings and denying the plaintiff's cross-motion for summary judgment. Chief Judge Richard J. Arcara adopted this recommendation, finding that the Administrative Law Judge's (ALJ) decision was supported by substantial evidence. The court concluded that Corson retained the residual functional capacity to perform a full range of unskilled sedentary work, despite her impairments, and was therefore not disabled.

Social Security DisabilitySSDI Benefits AppealFunctional CapacitySedentary WorkAffective DisorderDegenerative Disc DiseaseChronic PainResidual Functional CapacityAdministrative Law Judge DecisionTreating Physician Rule
References
29
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ605947 (MON 0274664)
Regular
Feb 02, 2009

LESLIE CELLUCCI vs. FLORENCE MACHINE PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for injuries to the applicant's hands, upper extremities, and neck, resulting in chronic pain syndrome and a sleep disorder. The defendant disputed the extent of permanent disability and the diagnoses of chronic pain syndrome and sleep disorder. The Appeals Board affirmed the finding of industrial injury and the 85% permanent disability rating, including the diagnoses of chronic pain syndrome and sleep disorder. The Board also granted reconsideration to amend the award to include a life pension for the applicant, as required by law for an 85% permanent disability finding.

Workers' Compensation Appeals BoardLeslie CellucciFlorence Machine ProductsState Compensation Insurance FundADJ605947Opinion and Order Granting ReconsiderationFindings and AwardPermanent DisabilityChronic Pain SyndromeSleep Disorder
References
0
Case No. MISSING
Regular Panel Decision

In re the Claim of McCann

The claimant, a customer service representative, voluntarily resigned from her employment due to social discomfort caused by co-workers' resentment of her romantic relationship with her supervisor's boss. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits, finding she lacked good cause for leaving. The appellate court affirmed this decision, noting the employer never disapproved of her conduct and that personal feelings of discomfort do not constitute good cause for leaving employment under unemployment insurance law.

unemployment insurancevoluntary resignationgood causepersonal reasonssocial discomfortworkplace relationsappealadministrative lawdisqualificationbenefits
References
2
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
3
Case No. ADJ2554534
Regular
Jan 03, 2023

WENDY COLLIE vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of a prior award. The initial award found the applicant sustained an injury AOE/COE to multiple body parts, resulting in permanent total disability without apportionment. The employer argued the finding of chronic pain syndrome was improper, and that the WCJ ignored credibility issues and apportionment opinions. The Appeals Board found substantial medical evidence supported the chronic pain syndrome diagnosis and that the employer failed to provide sufficient evidence for apportionment of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgeInjury AOE/COELumbar SpineCervical SpineLeft ShoulderRight HipRight Knee
References
20
Case No. MISSING
Regular Panel Decision
Jul 28, 1998

Claim of Murphy v. New York City Police Department

The claimant, a welder for 27-28 years, developed chronic irritative bronchitis due to welding fume exposure, distinct from asbestos exposure. He filed for workers' compensation and settled a third-party action against asbestos manufacturers. The Workers’ Compensation Board denied the self-insured employer credit for the third-party settlement, concluding the occupational disease (chronic irritative bronchitis) was not caused by asbestos. The Board reasoned there was no double recovery as the compensation award was for an injury different from the third-party settlement. The self-insured employer appealed this denial, but the decision was affirmed.

Workers CompensationOccupational Lung DiseaseChronic Irritative BronchitisWelding FumesAsbestos ExposureThird-Party SettlementEmployer Credit DenialDouble RecoveryWorkers Compensation Law Section 29Appellate Decision
References
5
Case No. ADJ6521264
Regular
Oct 11, 2013

ANGELA STUART-KNIGHTS vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an award finding the applicant sustained 66% permanent disability due to a cumulative trauma injury. The applicant argued that the Agreed Medical Examiner's (AME) report rebutted the permanent disability rating, particularly regarding her chronic pain syndrome. However, the WCAB affirmed the original award, deferring to the judge's credibility determination regarding the applicant's demeanor and testimony, which contradicted the AME's assessment of severe pain. Furthermore, the AME himself deferred to another physician on the issue of chronic pain, undermining his report's evidentiary value on that point.

WCABReconsiderationFindings of FactAwardAdministrative Law JudgeWCJCumulative TraumaPermanent DisabilityAMA GuidesAlmaraz/Guzman
References
4
Case No. ADJ237483
Regular
Nov 13, 2012

RAYEK J. FAHOUM vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board denied Rayek J. Fahoum's petition for reconsideration, upholding the findings of the Workers' Compensation Judge. The Judge's report found Fahoum sustained industrial injury to his neck and low back with secondary chronic pain syndrome, awarding 41% permanent disability. This decision relied on the opinions of the Agreed Medical Examiner and Dr. Renee Rinaldi, who concluded Fahoum experienced symptom magnification and that his condition was chronic pain syndrome, not fibromyalgia as claimed by Dr. Allen Salick. The Board extended great weight to the Judge's credibility findings regarding the medical opinions.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerSubstantial Medical EvidenceFibromyalgiaChronic Pain SyndromeSymptom MagnificationOrthopedic InjuryLumbosacral StrainCervical Strain
References
4
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