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

Case No. CV-23-2160, CV-24-0333
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Cynthia Goss

Cynthia Goss, a crisis response services provider, sought workers' compensation benefits for sarcoidosis sustained from exposure at the World Trade Center (WTC) site as a volunteer in October and December 2001. Initially, a WCLJ established her claim under Workers' Compensation Law article 8-A, finding her activities covered. However, the Workers' Compensation Board reversed, concluding she was not a "participant" in WTC rescue, recovery, and cleanup operations. The Appellate Division found the Board's determination unsupported by substantial evidence, noting Goss's direct connection to the NYPD command center and her role in providing mental health support to first responders at the site. The court emphasized the liberal construction intended for Workers' Compensation Law article 8-A and reversed the Board's decisions, remitting the matter for further proceedings.

WTC ClaimsVolunteer BenefitsSarcoidosisWorkers' Compensation AppealsWorld Trade Center RescueRecoveryCleanup OperationsMental Health SupportFirst RespondersAppellate Division
References
9
Case No. ADJ1735018
Significant
Jun 03, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

This en banc decision clarifies the distinct roles of the evaluating physician, the workers’ compensation administrative law judge (WCJ), and the disability rater in determining whole person impairment (WPI) under the AMA Guides, and remands the specific case for reassessment of the permanent disability.

AMA GuidesWhole Person ImpairmentPhysician's RoleWCJ's RoleRater's RoleFormal RatingPermanent DisabilitySubstantial EvidenceDRE Lumbar Category IIPatellofemoral Pain Syndrome
References
33
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
2
Case No. ADJ1735018 (LBO 0375311)
Regular
Sep 30, 2011

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal by the defendant, Bank of America, and its insurer, Ace American Insurance Company. The defendants sought removal because the Administrative Law Judge (WCJ) declined to submit the case for decision at a Mandatory Settlement Conference (MSC) on August 16, 2011, opting instead for a further trial. The Appeals Board denied removal, finding that the defendant failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The WCJ's report explained that due to a heavy caseload, it was impracticable to hold a submission without a court reporter, and that the admissibility of a recent deposition created an issue for further trial.

RemovalPetition for RemovalWCABWCJAgreed Medical EvaluatorAMEwhole person impairmentAMA GuidesMandatory Settlement ConferenceMSC
References
2
Case No. ADJ1735018
En Banc
Jun 03, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

An en banc decision clarifying the respective roles of the evaluating physician, the workers’ compensation administrative law judge (WCJ), and the disability rater in determining whole person impairment (WPI). The Appeals Board amended the WCJ's decision and remanded the matter for further proceedings.

AMA GuidesWhole Person ImpairmentPhysician's RoleWCJ's RoleRater's RoleFormal Rating InstructionsSubstantial Medical EvidenceDisability Evaluation UnitNon-Formal RatingsEx Parte Communication
References
32
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Shenendehowa Central School District Board of Education & Civil Service Employees Ass'n

Kavanagh, J., in a dissenting opinion, argues against the majority's decision to confirm an arbitration award. The dissent contends that the petitioner (employer) had a contractual right under the collective bargaining agreement (CBA) to terminate respondent Cynthia DiDomenicantonio for failing a drug test. The arbitrator, in the dissenting view, exceeded his authority by imposing additional 'just cause' requirements not stipulated in the CBA, effectively changing the agreement and reaching a resolution outside the scope of arbitration. The dissent further highlights public policy concerns regarding the safety implications of school bus drivers who are substance abusers.

Arbitration AwardCollective Bargaining AgreementDrug TestingEmployee TerminationArbitrator AuthorityPublic PolicySchool Bus DriversMisconductContractual RightsAppellate Review
References
4
Case No. ADJ1468445 (AHM 0109357)
Regular
Jun 08, 2009

CYNTHIA MAYFIELD vs. VERIZON, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has denied Cynthia Mayfield's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition to remove the case from its current status has been denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardWCJ reportADJ1468445Cynthia MayfieldVerizonSedgwick CMSadministrative law judgedeny removal
References
0
Case No. ADJ8110093
Regular
May 03, 2018

CYNTHIA WESLEY vs. COUNTY OF LOS ANGELES

This case concerns applicant Cynthia Wesley's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied her petition, upholding the original award of 8% permanent disability for a spine and hip injury sustained while employed as a probation officer. The original award included apportionment to a prior disability award. Wesley argued the WCJ erred in rating her disability and in applying apportionment. The Board adopted the WCJ's report, finding no grounds for reconsideration of the original award.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryspineright hippermanent disabilityapportionmentLabor Code section 4664prior award
References
1
Case No. ADJ10939915
Regular
Jul 27, 2017

CYNTHIA MCDANIEL vs. TIMEC/BROADSPECTRUM, ESIS/INA

The Workers' Compensation Appeals Board (WCAB) dismissed Cynthia McDaniel's petition for reconsideration because it was filed against an interlocutory procedural order, not a final decision on substantive rights or liabilities. However, the WCAB granted her petition for removal. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings. This action was based on the WCJ's own report, which the WCAB adopted and incorporated.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory ProceduralEvidentiary IssueRescinded DecisionFurther ProceedingsWCJ Report
References
4
Case No. ADJ7174740, ADJ7174737
Regular
Jun 21, 2012

CAROLYN BLACKLEDGE vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal concerning cases ADJ7174740 and ADJ7174737. The administrative law judge confirmed that the disputes between Carolyn Blackledge and the Los Angeles County Office of Education had been resolved through approved Stipulated Awards. Consequently, the Petition for Removal became moot. The Board formally dismissed the petition as a result of the settlement.

Petition for RemovalStipulated AwardsMoot PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJADJ7174740ADJ7174737Los Angeles County Office of Education
References
0
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