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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

State v. James Z.

In June 2010, the petitioner commenced a proceeding under the Mental Hygiene Law to civilly manage the respondent, alleging he was a sex offender requiring confinement due to a mental abnormality. After a jury trial, the respondent was found to be a detained sex offender with a mental abnormality, and subsequently committed to a secure treatment facility with his consent. The respondent appealed, contending that the jury's finding was against the weight of the evidence and that Supreme Court erred by allowing testimony about misconduct from his presentence report and using a confusing verdict sheet. The appellate court affirmed the order, determining that the jury's verdict was supported by expert testimony from multiple psychologists and that there were no errors in the court's evidentiary or procedural decisions. The court deferred to the jury's credibility determinations regarding the competing expert opinions on respondent's mental abnormality.

Sex OffenderCivil CommitmentMental AbnormalityAntisocial Personality DisorderParaphiliaExpert TestimonyWeight of EvidencePresentence ReportVerdict SheetAppellate Review
References
12
Case No. ADJ2040506
Regular
Mar 30, 2012

DOLORES FERREIRA vs. AXIOM STAFF MANAGEMENT, STATE COMPENSATION INSURANCE FUND

This case involves applicant Dolores Ferreira, who sustained an industrial injury in 2005. A WCJ awarded 8% permanent disability, but apportioned 75% to a pre-existing congenital condition, syringomyelia, based on a QME's report. The Appeals Board granted reconsideration because the QME's apportionment report lacked substantial medical evidence explaining "how and why" the congenital condition caused the disability. The matter is returned to the trial level for further development of the medical record regarding apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentQualified Medical EvaluatorSyringomyeliaCongenital ConditionSubstantial Medical EvidenceCausation
References
7
Case No. MISSING
Regular Panel Decision
Jul 15, 1981

Lent v. Bethesda Hospital

Claimant, a nurse's aide, sustained a compensable back injury in 1976. The employer and its insurance carrier appealed a Workers' Compensation Board decision finding the claimant totally industrially disabled, arguing she was only partially disabled due to a pre-existing congenital back condition. The court found substantial evidence in medical expert testimonies to support the Board's conclusion that the injury, superimposed on the congenital condition, resulted in total disability. Consequently, the Board's decision was affirmed.

Workers' CompensationBack InjuryCongenital ConditionTotal DisabilitySubstantial EvidenceMedical EvidenceNurse's AideAppellate ReviewPre-existing ConditionDisability Benefits
References
3
Case No. ADJ9065052
Regular
May 13, 2015

MARK SUAREZ vs. COUNTY OF SANTA BARBARA

This case involves applicant Mark Suarez, a deputy sheriff, who suffered a heart injury on February 4, 2013. Initially, the WCJ found the injury was due to a congenital condition and not work-related. However, the Appeals Board granted reconsideration, finding that Labor Code section 3212.5's "heart trouble" presumption for law enforcement officers applied. The Board determined that while medical evidence indicated a congenital cause, the statute's "anti-attribution" clause prevents rebutting the presumption solely based on a pre-existing condition without evidence of a contemporaneous non-work-related event. Consequently, the Board amended the prior order to find the injury industrially caused, remanding for further proceedings on benefits.

Labor Code section 3212.5heart trouble presumptiondeputy sheriffindustrial injurycongenital conditionaortic stenosisrebuttable presumptionanti-attribution clausenonwork-related eventMuznik
References
8
Case No. 06 Civ. 0266; 06 Civ. 3461; 07 Civ. 3258
Regular Panel Decision
Sep 28, 2007

Abbatiello v. Monsanto Co.

This case involves consolidated actions brought by two groups of current and former employees and a group of landowners against General Electric Company (GE) and Monsanto Company (including Solutia, Inc., and Pharmacia Corporation). The plaintiffs allege various tort claims including negligence, breach of warranty, strict liability, fraud, emotional distress, abnormally dangerous activity, medical monitoring, fear of contracting illness, nuisance, and trespass, stemming from exposure to polychlorinated biphenyls (PCBs) from a GE manufacturing facility in Schenectady, New York, where Monsanto supplied PCBs. The defendants moved to dismiss certain claims under Federal Rules of Civil Procedure 12(b)(6) and 9(b). The court granted in part and denied in part the motions to dismiss, upholding claims such as abnormally dangerous activity, intentional infliction of emotional distress, nuisance, medical monitoring, fear of contracting illness, and, for GE, negligence, strict liability, and trespass, while dismissing claims like breach of warranty, fraud, and negligent infliction of emotional distress for various parties.

Toxic TortPCB ContaminationEnvironmental LitigationMotions to DismissStatute of LimitationsStrict LiabilityAbnormally Dangerous ActivityMedical MonitoringFear of IllnessNuisance
References
69
Case No. ADJ8252406
Regular
Aug 06, 2015

KENNETH FRANCISCO vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT, YORK RISK SERVICES GROUP

This case involves a deputy sheriff claiming cumulative cardiovascular injury and a stroke, with the employer arguing a congenital condition rebutted the statutory presumption of industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB affirmed the finding of industrial injury but amended the award to reflect a stipulated 12% permanent disability, rather than the original 14%.

Workers' Compensation Appeals BoardDeputy Sheriff IIcumulative injurycardiovascular systemstrokepresumption of industrial injuryLabor Code sections 32123212.5rebut presumptioncongenital heart trouble
References
1
Case No. ADJ7284210
Regular
Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation
References
5
Case No. ADJ3705074
Regular
Nov 18, 2015

DIANA BADYRKA vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA SAN DIEGO

This case involves a worker's compensation claim by Diana Badyrka against the Regents of the University of California San Diego for bilateral foot and ankle injuries. The applicant sought reconsideration of the Workers' Compensation Judge's (WCJ) decision regarding apportionment of her permanent disability. The WCJ found that 50% of the applicant's impairment was due to a congenital foot structure, a position supported by medical evaluations from both the Qualified Medical Evaluator and the applicant's treating physician. The WCAB adopted the WCJ's report, denying the petition for reconsideration.

WCABPetition for ReconsiderationdeniedRegents of the University of California San DiegoSedgwick CMSnursebilateral feet and anklesapportionmentpermanent disabilityQualified Medical Evaluator (PQME)
References
0
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
3
Case No. MISSING
Regular Panel Decision
Jul 15, 1987

Kornfeld v. Nassau County Civil Service Commission

The petitioner appealed a judgment dismissing a CPLR article 78 proceeding. This proceeding sought to review a June 3, 1987 determination which found the petitioner unqualified for employment as a Nassau County police officer. The determination was based on a medical officer's recommendation, citing abnormal electrocardiogram configurations indicating potential risks under stressful conditions. The Supreme Court, Nassau County, found the determination neither arbitrary nor capricious, and that the petitioner's physician's contrary opinion was not controlling. The judgment to dismiss the proceeding was subsequently affirmed.

CPLR article 78Police Officer EmploymentMedical DisqualificationElectrocardiogramStress TestAppellate ReviewAffirmed JudgmentNassau CountyCivil Service LawJudicial Review
References
3
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