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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

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
0
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. MISSING
Regular Panel Decision

Graby v. Graby

This case addresses whether Social Security disability benefits paid to a disabled parent's children should be credited against the disabled parent's child support obligation under the Child Support Standards Act (Family Ct Act § 413). Petitioner Kenneth N. Graby sought to modify his child support payments to respondent Janet Graby, arguing that the Social Security disability payments his children received should offset his obligation. The Family Court had initially ruled against such a credit, but this appellate court concluded that these benefits should indeed be credited. The court determined that such payments are a form of support from the disabled parent and should be included in the disabled parent’s income for calculating child support, allowing for potential modification if the award is deemed "unjust or inappropriate". The matter was remitted for reconsideration in line with this opinion.

Child SupportSocial Security Disability BenefitsChild Support Standards ActChild Support ModificationFamily Court ActParental IncomeCredit for BenefitsAppellate ReviewStatutory InterpretationEquitable Rule
References
21
Case No. ADJ1755508
Regular
Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the initial award, primarily addressing the defendant's contentions regarding the applicant's average weekly wage and credit for temporary disability payments. The Board agreed with the WCJ's recommendation to amend the award to include credit for temporary disability payments already made. Additionally, the Board corrected a clerical error concerning the permanent disability indemnity, incorporating credit for past payments and an attorney's fee. The award was otherwise affirmed, confirming the applicant's admitted industrial injury and $100\%$ permanent total disability.

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment
References
0
Case No. ADJ2192154
Regular
Feb 22, 2011

IRMA ZAMORA vs. STATE OF CALIFORNIA DEPARTMENT OF AGRICULTURE, Legally Uninsured

This case involves an applicant's petition to reopen for new and further disability following a previous workers' compensation award for back injury. The defendant sought reconsideration, arguing the judge erred by not crediting prior disability payments and by awarding a penalty on the entire new and further disability. The Workers' Compensation Appeals Board denied reconsideration, finding the judge's award implicitly credited prior payments and that a penalty was warranted due to unreasonable delay in payment following receipt of an Agreed Medical Examiner's report indicating increased disability. The Board corrected a clerical error in the award to clarify credit was given.

WORKERS' COMPENSATION APPEALS BOARDLegally UninsuredPetition to Reopennew and further disabilitypermanent disabilitypenaltydelayed paymentStipulated AwardAgreed Medical ExaminerLabor Code §4650
References
2
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
1
Case No. ADJ1970560 (OAK 0344240)
Regular
Mar 09, 2016

VAZGEN MANAS vs. THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a credit sought by the Subsequent Injuries Benefits Trust Fund (SIBTF) for permanent disability advances paid to the applicant. The SIBTF argued that its liability for combined permanent disability should be calculated under Labor Code section 4751, which limits liability to the difference between the combined disability and the disability from the subsequent injury alone. The Workers' Compensation Appeals Board agreed, reversing the prior finding that allowed a credit under section 4753 for the employer's payments. The Board clarified that section 4753 applies to payments for preexisting disability, not the subsequent industrial injury, and thus SIBTF's credit is limited by section 4751.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Labor Code section 4753permanent disability advancespreexisting permanent disabilitysubsequent industrial injurycombined permanent disabilitycreditWCJFindings of Fact
References
6
Case No. ADJ10343251, ADJ10713340, ADJ10713342
Regular
Apr 27, 2023

JOSE CORTES vs. ST. JOHN'S REGIONAL MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded temporary disability benefits to Jose Cortes. The employer petitioned for reconsideration, seeking credit for alleged temporary disability payments previously made in one claim against an award in a related cumulative trauma claim. However, the Board found the employer waived this issue by failing to raise it in pre-trial statements and by not presenting evidence of the payments. The Board also noted that the employer specifically raised the issue of credit for permanent disability advances, suggesting they omitted the temporary disability credit intentionally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYINGADJUDICATION NUMBERSSTIPULATIONS WITH REQUEST FOR AWARDRE-OPENAPPLICATIONS FOR ADJUDICATIONINJURY ARISING OUT OF AND OCCURRING IN THE COURSE OF EMPLOYMENTEXCESSIVE AND REPETITIVE USEJOINT FINDINGS AWARD AND ORDERS
References
0
Case No. ADJ1801165 (VNO 0533524)
Regular
Apr 30, 2010

WILFREDO MARROQUIN vs. THE KROGER COMPANY dba RALPHS GROCERY COMPANY/FOOD 4 LESS, PERMISSED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an employee, Wilfredo Marroquin, who sustained industrial injuries to his neck, shoulders, and elbows. The primary dispute concerns the employer's claim for credit for temporary disability payments, which significantly exceeded the permanent disability award. The Administrative Law Judge initially denied the credit, citing equity concerns due to the large sum relative to the award and the employer's proper benefit payments. The Appeals Board granted reconsideration, recognizing the discretion to allow credit but emphasizing that denial is appropriate if it undermines the purpose of permanent disability benefits. The case is returned to the trial level for the WCJ to assess the equities of both parties regarding partial credit.

Wilfredo MarroquinThe Kroger CompanyRalphs Grocery CompanySedgwick Claims Management ServicesADJ1801165VNO 0533524Petition for ReconsiderationFindings and Awardindustrial injuryjanitor
References
7
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