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Case Law Database

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

Case No. ADJ1814984 (SBR 0250192)
Regular
Mar 25, 2011

Mary Leaming vs. COUNTY OF SAN BERNARDINO

This case involves applicant Mary Leaming's claim for new and further disability and medical treatment for deep vein thrombosis (DVT) stemming from a 1995 industrial injury. The Appeals Board rescinded the WCJ's Amended Findings and Award because it found that while the applicant demonstrated some new and further disability, the evidence was insufficient to fully support a determination. Furthermore, the Board concluded that applicant is entitled to ongoing medical treatment for her deep vein thrombosis as a compensable consequence of her original industrial injury, and the case is remanded for further proceedings and development of the record regarding permanent disability and apportionment.

Agreed Medical ExaminerApplicantDefendantDeep Vein ThrombosisDisabilityIndustrial InjuryNew and Further DisabilityPermanent DisabilityPetition for ReconsiderationMedical Treatment
References
8
Case No. ADJ3209553 (VNO 0530530) ADJ790950 (VNO 0530529)
Regular
Oct 28, 2009

PATRICIA SHORTER vs. THE HELP GROUP, ZENITH INSURANCE

The Appeals Board denied reconsideration, finding no medical evidence to support applicant's claims of injury to the psyche, chest, deep vein thrombosis, or right arm.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONADMITTED INJURYPSYCHE CLAIMLOWER EXTREMITIESDEEP VEIN THROMBOSISINDUSTRIAL CAUSATIONTREATING CHIROPRACTORQUALIFIED MEDICAL EVALUATORPQME
References
0
Case No. MISSING
Regular Panel Decision

Drew-King ex rel. National Labor Relations Board v. Deep Distributors of Greater NY, Inc.

This case involves a motion filed by Kathy Drew-King, acting Regional Director of the National Labor Relations Board (NLRB), against Deep Distributors of Greater NY, Inc., seeking to hold the latter in civil contempt. The NLRB alleged that Deep Distributors failed to comply with a July 5, 2016 Injunctive Order, which mandated the reinstatement of five discharged employees who were terminated for engaging in protected union activities and filing a Fair Labor Standards Act lawsuit. The NLRB claimed Deep Distributors imposed unlawful conditions on reinstatement, such as requiring new job applications and immigration status re-verification. Deep Distributors denied these allegations, asserting compliance with the order. While the contempt motion was pending, the NLRB issued a final administrative decision on June 20, 2017, finding Deep Distributors in violation of the NLRA, which rendered the coercive aspects of the contempt petition moot. However, the NLRB still sought compensatory relief for damages. The Court denied the NLRB's motion for civil contempt, citing a "fair ground of doubt as to the wrongfulness" of Deep Distributors' conduct due to conflicting accounts from both parties regarding the reinstatement process.

Civil ContemptLabor LawNational Labor Relations Act (NLRA)Unfair Labor PracticesReinstatementInjunctive ReliefEmployer-Employee RelationsDischarged EmployeesUnion ActivitiesFair Labor Standards Act
References
21
Case No. ADJ7511305
Regular
Nov 29, 2010

BENNETT IORNS vs. R & L BROSAMER, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding a reopened claim for deep vein thrombosis (DVT). The Board found the original record inadequate and the Arbitrator's decision lacked proper explanation and proper procedure. The matter was returned for further development of the medical record, including a new Independent Medical Evaluator evaluation, and for a new decision after proper submission. This ensures due process and a clear evidentiary basis for future rulings.

Petition for ReconsiderationNew and Further DisabilityDeep Vein Thrombosis (DVT)Waiver of IssueDue ProcessIndependent Medical Evaluator (IME)Summary of EvidenceSubstantial EvidenceHamilton v. LockheedAlternative Dispute Resolution (ADR)
References
4
Case No. ADJ2527863 (SRO 0119111) ADJ465592 (SRO 0131576)
Regular
Nov 23, 2010

LANI BROCKMAN vs. UKIAH VALLEY MEDICAL CENTER, ADVENTIST HEALTH

The Workers' Compensation Appeals Board (WCAB) rescinded an award of additional temporary disability indemnity. The WCAB determined it lacked jurisdiction to grant this award more than five years after the applicant's industrial injury, as per Labor Code section 5410. This was because a prior award of temporary disability had been terminated, and the applicant did not petition to reopen within the statutory five-year period. The case was returned to the trial level to address remaining issues, including the causation of the applicant's deep vein thrombosis.

WCABLani BrockmanUkiah Valley Medical CenterAdventist HealthADJ2527863ADJ465592Temporary Disability IndemnityDeep Vein ThrombosisCausationStatute of Limitations
References
7
Case No. MISSING
Regular Panel Decision
Jun 12, 1991

Mink v. Metro-North Commuter Railroad

A track worker for a defendant railroad sustained a deep vein thrombosis after a work-related slip and fall, leading to permanent disability. The Supreme Court initially awarded the plaintiff $3 million for future pain and suffering. However, the appellate court found this award excessive, noting that speculative expert testimony lacking medical certainty and outside the scope of the bill of particulars likely influenced the jury. The judgment was modified, remanding the case for a new trial on future pain and suffering damages, with the condition that the plaintiff could accept a reduced award of $1 million to affirm the amended judgment.

Personal InjuryFuture Pain and SufferingExcessive DamagesMedical Expert TestimonySpeculative EvidenceBill of ParticularsRemand for New TrialConditional AffirmationDeep Vein ThrombosisRailroad Worker Injury
References
0
Case No. 2022 NY Slip Op 03430
Regular Panel Decision
May 26, 2022

Matter of Davenport v. District Attorney of Richmond County

Claimant suffered a work-related injury to her left foot and consequential deep vein thrombosis, establishing a workers' compensation claim. The Workers' Compensation Board denied a schedule loss of use (SLU) award for her left foot, adopting a Workers' Compensation Law Judge's (WCLJ) decision to close the record due to the claimant's failure to timely produce deposition transcripts. The Board's decision, which credited an orthopedic surgeon's opinion of 0% SLU over the treating physician's 20% SLU, was subsequently affirmed by the Appellate Division. The appellate court found no abuse of discretion in closing the record or in the Board's resolution of conflicting medical opinions.

Workers' CompensationSchedule Loss of UseLeft Foot InjuryDeep Vein ThrombosisMedical EvidenceDeposition TranscriptsRecord ClosureAppellate ReviewConflicting Medical OpinionsMaximum Medical Improvement
References
6
Case No. 2024 NY Slip Op 04848 [231 AD3d 1213]
Regular Panel Decision
Oct 03, 2024

Matter of DiPippo v. Accurate Signs & Awnings

Michael DiPippo sustained work-related injuries in an August 2006 fall, leading to an established claim later amended to include consequential right leg deep vein thrombosis and obesity. He underwent amputations of both legs in 2014 and 2018. DiPippo sought to amend his claim to include the consequential amputation of his right leg, arguing it was caused by conditions linked to his initial injury. The Workers' Compensation Board disallowed the amendment, finding insufficient medical proof of a causal connection. The Appellate Division affirmed the Board's decision, ruling that DiPippo did not qualify as a medical expert and his independent analysis or generalized statements of possibility were inadequate to establish the required causal nexus.

Workers' CompensationAmputationCausal NexusMedical EvidenceExpert TestimonyBoard DecisionAppellate ReviewSubstantial EvidenceWork-Related InjuryClaimant Burden of Proof
References
12
Case No. 2020 NY Slip Op 05131 [186 AD3d 1149]
Regular Panel Decision
Sep 29, 2020

Matter of Clarke v. City of New York

Petitioner Adrianne Clarke sought to annul the New York City Transit Authority's (NYCTA) decision to deny her differential pay following a deep vein thrombosis (DVT) injury sustained during a work-related flight. The NYCTA denied the request, citing Clarke's late notification of the injury and the uncertainty surrounding whether her travel constituted a "workplace activity" for differential pay eligibility. The Supreme Court upheld the NYCTA's decision as rationally based, noting that traveling to work is generally not considered a workplace activity and Clarke had a personal history of DVT. The Appellate Division, First Department, unanimously affirmed the Supreme Court's judgment, finding no error in the denial of differential pay.

Differential PayDeep Vein ThrombosisWorkplace InjuryTimely NoticeAssigned DutyTravel TimeCPLR Article 78Appellate ReviewRational BasisWorkers' Compensation Benefits
References
2
Case No. MISSING
Regular Panel Decision
Sep 12, 2006

Crooms v. Sauer Bros.

Plaintiff, an unemployed former transit worker, allegedly sustained a fractured metatarsal bone and deep vein thrombosis after falling into a hole in the backyard of a building owned by the defendant. The plaintiff sought damages for past and future pain and suffering. During the trial, plaintiff's credibility was challenged regarding an affirmation in an unrelated auto accident, which the court deemed collateral and excluded further evidence on. The jury awarded $75,000 for past pain and suffering but nothing for future pain and suffering. The Appellate Court affirmed the judgment, finding no error in the exclusion of collateral evidence and concluding that the verdict was supported by sufficient evidence, including expert testimony suggesting the plaintiff made a full recovery and subsequent surgeries were unrelated to the accident.

Personal InjuryPremises LiabilityJury TrialDamagesPain and SufferingCredibilityCollateral EvidenceExpert TestimonyAppellate AffirmationFracture
References
3
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