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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

Jul 18, 1989

Vermette v. Utica-Oswego Motor Express

The Workers' Compensation Board initially ruled that the claimant sustained a compensable injury and awarded workers' compensation benefits. This decision was appealed. The appellate court reviewed the Board's finding, which was supported by the testimony of the claimant’s expert medical witness. This expert concluded that the neurological damage to the claimant’s brain resulted from head trauma due to a fall and a subsequent craniotomy. Despite conflicting testimony from the employer’s workers’ compensation carrier’s expert medical witness, the Board resolved these conflicts. The appellate court affirmed the Board's decision, stating that its finding of a causally related disability was supported by substantial evidence.

Workers' CompensationCompensable InjuryHead TraumaCraniotomyNeurological DamageMedical TestimonyCausally Related DisabilitySubstantial EvidenceAppellate ReviewBoard Decision

References

Case No. MISSING

Regular Panel Decision

Claim of Perez v. Mondial Tiles, Inc.

Claimant, a marble floor laborer, experienced dizziness and saw lights on March 5, 2007, while carrying a heavy marble floor, leading to headaches and blurry vision. He later underwent a craniotomy and shunt placement due to a blood clot. After filing for workers' compensation, a Workers’ Compensation Law Judge initially found no causal relationship between his work and injuries. However, the Workers’ Compensation Board reversed this, establishing a causal relationship. The carrier appealed this decision. The court affirmed the Board's decision, finding substantial evidence in the medical opinions of treating physicians Dr. Larry Neuman and Dr. Spencer Golden, who both linked the claimant's stroke, cervical radiculopathy, and subsequent disability to the work-related straining and heavy lifting incident.

Workers' CompensationCausal RelationshipStrokeCervical RadiculopathyHeavy LiftingDizzinessHemorrhagic StrokeCraniotomyAppellate Division

References

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Vermette v. Utica-Oswego Motor Express

Workers' CompensationCompensable InjuryHead TraumaCraniotomyNeurological DamageMedical TestimonyCausally Related DisabilitySubstantial EvidenceAppellate ReviewBoard Decision

Claim of Perez v. Mondial Tiles, Inc.

Workers' CompensationCausal RelationshipStrokeCervical RadiculopathyHeavy LiftingDizzinessHemorrhagic StrokeCraniotomyAppellate Division