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Case Law Database

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

Case No. ADJ837434
Regular
Oct 14, 2008

JESUS URIBE vs. MOSS PRECISION, INC., ONE BEACON INSURANCE

This case involves a worker's claim for industrial injury to his low back which was denied. The applicant sought reconsideration, arguing substantial evidence supported his claim and he was a credible witness despite past injuries. The Board denied reconsideration, upholding the Workers' Compensation Judge's finding that the applicant was not a credible witness due to significant inconsistencies regarding prior injuries and treatment. This lack of credibility, combined with insufficient corroborating medical evidence for the claimed industrial injury, led to the denial.

AOE/COEcredibility determinationpanel qualified medical examinerprior injuriesautomobile accidentdeposition testimonymedical treatmentwork status reportslumbar strainfunctional overlay
References
6
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

Guillermo Rivera vs. Cal Scan Trade Company/Villa Auto Sales, ACE USA, Preferred Employers

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
4
Case No. ADJ8414182
Regular
Feb 25, 2014

VICTOR LEDESMA, (VICTOR GOMEZ LEDESMA) vs. GROUP MANUFACTURING SERVICES, HANOVER INSURANCE GROUP

This case involves a workers' compensation claim for a left ankle and foot injury. The defendant sought reconsideration of the decision, arguing the applicant's testimony was less credible, the claim was barred as post-termination, exhibits were improperly admitted, and a defense witness was wrongly excluded. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The judge found the applicant's testimony credible, noting inconsistencies and misrepresentations in the defendant's arguments and witness testimonies. Specifically, the judge determined the termination date was not a bar, the admission of exhibits was proper, and the exclusion of the unlisted rebuttal witness was warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.denial of reconsiderationoccupational injuryleft ankle and footdeburrerdenied claim
References
2
Case No. 2022 NY Slip Op 03300 [205 AD3d 1257]
Regular Panel Decision
May 19, 2022

Matter of White v. SEG Maintenance, Inc.

Jermaine White, an asbestos handler, filed a claim for workers' compensation benefits alleging injuries sustained on the job. The Workers' Compensation Board reversed a prior decision, ruling that White failed to provide timely notice of his injury to the employer as required by Workers' Compensation Law § 18. The Board, acting as the sole arbiter of witness credibility, found the employer's representatives' testimony more credible regarding the alleged accident and notice thereof. It further concluded that White failed to demonstrate a lack of prejudice to the employer due to the delayed notice. The Appellate Division, Third Department, affirmed the Board's decision, upholding its discretionary power in assessing witness credibility and excusing failures to provide timely notice.

Workers' CompensationTimely NoticeEmployer KnowledgeCredibility AssessmentAppellate ReviewInjury ClaimAsbestos HandlerDebris AccidentShoulder InjuryElbow Injury
References
6
Case No. 532385
Regular Panel Decision
Nov 18, 2021

In the Matter of the Claim of Jose Urdiales

Claimant Jose Urdiales appealed a decision from the Workers' Compensation Board that denied his claim for workers' compensation benefits, alleging an occupational disease due to chemical exposure as a construction worker for Durite Concepts Inc/Durite USA. The employer and its carrier disputed the claim, including Urdiales's employment status and the nature of his duties. A Workers' Compensation Law Judge (WCLJ) credited the employer's president's testimony over Urdiales's account, leading to the disallowance of the claim. The WCLJ's findings were affirmed by the Workers' Compensation Board, which found the employer's witness more credible regarding the claimant's work history and rejected medical evidence based on Urdiales's less credible account. The Appellate Division, Third Judicial Department, affirmed the Board's decision, emphasizing that the Board is the sole arbiter of witness credibility and that its determination of no causally-related occupational disease was supported by substantial evidence.

Occupational DiseaseAppellate DivisionCredibility DeterminationSubstantial EvidenceChemical ExposureRespiratory IllnessEmployment HistoryFact DeterminationBoard AffirmationWorkers' Compensation Benefits
References
8
Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code § 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
1
Case No. ADJ9166524
Regular
Feb 24, 2015

MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

AOE/COEPetition for ReconsiderationWCJ credibility determinationpost-termination defenseDover v. Fresh Start Bakeriescontemporaneous notification exceptionpreponderance of the evidenceindustrial clinic diagnosislumbar sprainmuscle spasm
References
3
Case No. GOL 0100565
Regular
Oct 15, 2007

Felipe Quezada vs. EXCLUSIVE GERMAN AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that his injury claim was barred by Labor Code section 3600(a)(10), the post-termination defense. Despite the applicant's argument that notice and termination were concurrent, the Board gave significant weight to the Workers' Compensation Judge's credibility assessment of the witnesses, who found the defense witnesses more credible. Therefore, the applicant will receive no compensation.

Felipe QuezadaExclusive German Auto RepairState Compensation Insurance FundLabor Code section 3600(a)(10)post-termination defenseconcurrent noticeterminationWCJcredibilitypetition for reconsideration
References
1
Case No. ADJ8944771
Regular
Apr 14, 2015

OSCAR CARBALLO vs. THE WATERFRONT HOTEL, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board affirmed the Workers' Compensation Judge's (WCJ) finding that the applicant failed to prove their injury arose out of and occurred in the course of employment (AOE/COE). The WCJ found the applicant's testimony less credible than the defense witnesses, who testified the applicant claimed injury at home. The Board gave great weight to the WCJ's credibility determinations, as the judge had the opportunity to observe the witnesses.

Petition for ReconsiderationWCABInjury AOE/COECredibility DeterminationsWitness DemeanorIndustrial CausationLabor Code 4600(a)(10)Pre-termination TreatmentDefense WitnessesApplicant Testimony
References
3
Case No. MISSING
Regular Panel Decision

United States v. Jones

Corey Jones, indicted for murder of a government witness, previously had his application for bail denied. He renewed his application based on new evidence regarding his co-defendant and brother, Jason Jones. This evidence, including work and travel records, strongly contradicted the government's unidentified eye-witness testimony, which initially implicated both brothers. The Court noted that the eye-witness's identification of Jason Jones was proven inaccurate, which materially affected the credibility of the same witness's identification of Corey Jones, especially since the witness knew both brothers by name. After reviewing all evidence, including testimony from alibi witnesses and a secondary victim, the Court found that the weight of the evidence now overcomes the presumption of detention. Consequently, Corey Jones's renewed application for bail was granted, contingent on suitable conditions.

BailPretrial DetentionWitness CredibilityAlibiNew EvidenceMurder ChargeSouthern District of New YorkCriminal ProcedureFederal CourtRelease Conditions
References
2
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