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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision
Jan 11, 2005

Claim of MacDonald v. Penske Logistics

The claimant appealed a Workers' Compensation Board decision from January 11, 2005, which ruled that her husband's death was not causally related to his employment as a truck driver for Penske Logistics. The decedent was found dead in his truck in May 2000 due to severe coronary heart disease. Initially, a Workers' Compensation Law Judge found the death to be work-related, awarding benefits to the claimant. However, the Board reversed this determination, concluding that the carrier had presented sufficient evidence to rebut the presumption that the death arose out of employment. Medical reports and expert testimony indicated the death was natural due to severe coronary heart disease and unrelated to his job. The claimant failed to provide medical proof to contradict these findings or show a work-related activity that caused the condition. The court affirmed the Board's decision, deferring to its resolution of medical evidence.

Causation of DeathPresumption of CompensabilityCoronary Heart DiseaseMedical Expert TestimonySufficiency of EvidenceAppellate ReviewEmployment-related DeathTrucking IndustryRebuttal of PresumptionWorkers' Compensation Law § 21
References
8
Case No. ADJ7941925 (VNO 0120392) ADJ2139821 (VNO 0472608)
Regular
Mar 25, 2013

KIM A. ALLEN vs. CITY OF PASADENA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The defendant argued that the WCJ erred in finding industrial causation for the applicant's coronary artery disease, citing res judicata and the issue not being properly raised. However, the Board found no substantial medical evidence supported the finding of industrial injury for the current condition, necessitating further proceedings. The applicant had prior stipulated awards for heart conditions, but the coronary artery disease was alleged as a new problem.

Workers' Compensation Appeals BoardCity of PasadenaPermissibly Self-InsuredFindings of FactInjury AOE/COECoronary Artery DiseaseCardiovascular SystemFirefighterCumulative PeriodRes Judicata
References
2
Case No. MISSING
Regular Panel Decision

the Claim of Brigandi v. Town & Country Linoleum & Carpet

This case involves an appeal by an employer and its compensation carrier against decisions made by the Workers’ Compensation Board. The decedent, a carpet layer, died from cardiac arrest during work, with an autopsy revealing underlying coronary atherosclerotic disease. His widow was awarded death benefits. The employer’s carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8), asserting a preexisting permanent physical impairment. However, the Board determined that there was no evidence that the decedent’s heart condition hindered his job potential before his death, thus releasing the Special Disability Fund from liability and holding the compensation carrier responsible. The employer's subsequent application for reconsideration was denied by the Board, leading to these appeals. The appellate court affirmed the Board's decisions, concluding that the Board rationally found no proof that the decedent's heart disease impaired his job potential, a necessary condition for reimbursement under WCL § 15 (8) (d).

Special Disability FundPreexisting Permanent ImpairmentCardiac ArrestCoronary Atherosclerotic DiseaseDeath Benefits ClaimEmployer ReimbursementCarrier LiabilityBoard Decision ReviewAppellate AffirmationMedical Evidence Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Feb 17, 1984

Claim of Carpino v. Treasure Chest Restaurant

Claimant's husband, a chef, suffered a heart attack at work and a fatal second heart attack five days after release from the hospital. The Workers’ Compensation Board concluded that his work efforts precipitated the heart attack and his subsequent death was causally related to his employment, awarding death benefits. The employer appealed, arguing a preexisting coronary artery disease and insufficient notice, citing the need for more strenuous work than ordinary life. The court affirmed the Board's decision, finding substantial evidence that the decedent's job required long hours, a hot kitchen, and heavy lifting, which was strenuous for him. The court noted that the Board is free to choose among conflicting expert medical opinions regarding causal relationship, and their decision was supported by substantial evidence.

Workers' CompensationHeart AttackCausal RelationshipStrenuous WorkPreexisting ConditionExpert TestimonySubstantial EvidenceDeath BenefitsNoticeAppellate Review
References
2
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. ADJ8279816 ADJ9818108
Regular
Aug 29, 2017

JAY SEVOIAN vs. COUNTY OF LOS ANGELES

This case involves a deputy sheriff seeking workers' compensation for cumulative industrial injuries. The Administrative Law Judge (ALJ) found compensable injuries to the applicant's knees, asthma, sleep disorder, hemorrhoids, irritable bowel syndrome, and hypertensive heart disease. The Defendant sought reconsideration, arguing that the hypertensive heart disease should only be attributed to the later injury date. The Board denied reconsideration, adopting the ALJ's report, which found that the stress from the original cumulative injury contributed to the hypertensive heart disease as a "new and further disability" or a "compensable consequence injury." Therefore, the injuries were correctly combined for a single permanent disability award, with no apportionment.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryHypertensive Heart DiseaseLabor Code Section 3212Permanent DisabilityApportionmentNew and Further DisabilityCompensable Consequence InjuriesAgreed Medical Evaluator
References
5
Case No. MISSING
Regular Panel Decision

Claim of Adams v. Owens Corning Fiberglass

The Special Disability Fund appealed a Workers’ Compensation Board decision from November 23, 1999, which had discharged the Fund from liability under Workers’ Compensation Law § 15 (8). Initially, a WCB panel ruled that the employer’s carrier was entitled to reimbursement for a claimant's preexisting coronary artery disease. Although the Fund's appeal to this Court was dismissed for failure to prosecute, the full Board later rescinded the panel's decision, finding the carrier's reimbursement claim failed to specify coronary artery disease as a preexisting disability. This Court affirmed the full Board's decision, asserting the Board's plenary authority under Workers’ Compensation Law § 123 to modify its decisions, even after an appeal dismissal. The Court emphasized strict adherence to claim form requirements, noting the carrier's form lacked specific mention of the coronary artery disease, thereby denying the reimbursement claim.

Special Disability FundWorkers' Compensation BoardReimbursementPreexisting DisabilityCoronary Artery DiseaseFailure to ProsecuteBoard AuthorityClaim Form ComplianceAppellate ReviewWorkers' Compensation Law
References
5
Case No. ADJ8508948
Regular
Apr 04, 2014

JOHN GIESE vs. COUNTY OF SAN LUIS OBISPO, SHERIFF'S DEPARTMENT, SEDGWICK CMS

The applicant sought reconsideration for additional benefits related to his hypertension, claiming it was a work-related heart injury under Labor Code sections 3212 and 3212.5. The Board denied reconsideration, affirming the judge's finding that hypertension alone, without end-organ damage, is not considered "heart trouble" for the purposes of these presumptions. Medical evidence indicated the applicant had no loss of cardiac function due to coronary artery disease and that the cause of his hypertension was complex and not demonstrably work-related. Therefore, his petition was denied.

Workers Compensation Appeals BoardPetition for ReconsiderationCumulative Industrial InjuryCardiovascular SystemSheriff's DepartmentTemporary DisabilityPermanent DisabilityHypertensionPresumption of CompensabilityLabor Code Sections 3212
References
3
Case No. MISSING
Regular Panel Decision

Wichtendahl v. Arrow Bus Line

Claimant, a bus driver, suffered a heart attack while driving and subsequently filed a workers' compensation claim. The Workers’ Compensation Law Judge and Board initially found the presumption of compensability under Workers’ Compensation Law § 21 applicable, establishing a compensable injury. The employer appealed, arguing that there was no medical evidence of a causal relationship between the heart attack and employment. The appellate court determined that the employer successfully rebutted the presumption of compensability with evidence of preexisting coronary artery disease and lack of job-related stress. Consequently, the Board’s decision was reversed, and the matter remitted for further proceedings.

Workers' CompensationHeart AttackMyocardial InfarctionPresumption of CompensabilityCausal RelationshipPreexisting ConditionAppellate ReviewRebuttalBus DriverWorkers' Compensation Law § 21
References
6
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