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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
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision

Matter of Diaz v. Kleinknecht Electric

The claimant, injured while running electrical cables near the World Trade Center site beginning in September 2001, first sought medical treatment in April 2003 and continued working until March 2011. Following a workers' compensation claim, an arbitrator initially classified him with a permanent total disability and established the date of disablement as March 2011, entitling him to a weekly rate of $739.83. In January 2013, the arbitrator rescinded this decision, finding the date of disablement to be April 2003, reducing the weekly award to $400. The claimant appealed this decision. The Court affirmed the arbitrator's decision, applying the CPLR 7511 standard for reviewing arbitration awards, which limits judicial intervention to cases of corruption, fraud, misconduct, bias, or awards violating public policy, being irrational, or exceeding arbitrator's power. The Court found no irrationality in the arbitrator's selection of the date of first medical treatment as the date of disablement.

Workers' Compensation LawArbitration Award ReviewDate of DisablementPermanent Total DisabilityWorld Trade Center InjuriesAlternative Dispute ResolutionCPLR 7511 StandardJudicial Review of ArbitrationWaiver of ObjectionsIrrationality Standard
References
12
Case No. ADJ2471707 (OAK 0325825) ADJ1760066 (OAK 0325826)
Regular
Apr 11, 2012

KASSONDRA MORELAND vs. CITY OF UNION CITY, CITY OF SUNNYVALE

This case concerns contribution between two employers for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) amended an arbitrator's decision regarding the date of injury. The WCAB found the date of injury to be December 5, 2005, when the applicant first suffered a wage loss due to medical restrictions. This decision shifts liability for contribution to the employer who employed the applicant during the year preceding this date. A dissenting commissioner argued the date of injury should be later, correlating with the applicant's surgery and receipt of temporary disability benefits.

Cumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5WCABReconsiderationContributionConcurrent EmploymentCity of Union CityCity of Sunnyvale
References
0
Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)
Regular
Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case concerns appeals from a workers' compensation judge's decision regarding liability for cumulative trauma injury. The Appeals Board granted reconsideration to clarify the determination of the date of injury under Labor Code § 5412, which is crucial for assigning liability to the insurer covering the last year of exposure. The Board found the WCJ's decision lacked sufficient clarity and specific findings regarding disability and knowledge of causation. Therefore, the prior decision was rescinded, and the case was returned for further proceedings to make clear findings consistent with established legal principles.

Workers' Compensation Appeals BoardDonna DeRussyAntelope Valley Health Care SystemTravelers InsuranceSafety NationalFrontier Insurancecumulative traumadate of injuryLabor Code §5500.5Labor Code §5412
References
2
Case No. MISSING
Regular Panel Decision
Dec 09, 2009

Claim of Klamka v. Consolidated Edison Co. of New York, Inc.

Claimant sought workers' compensation benefits for a back injury sustained while lifting manhole covers during the course of employment. The self-insured employer and its claims administrator controverted the claim. A Workers' Compensation Law Judge credited claimant's testimony, and the Workers' Compensation Board found a work-related injury, modifying the date of accident to March 30, 2008. The employer appealed this decision. The court affirmed the Board's decision, finding substantial evidence for both the work-related injury and the accident date, noting that the precise date of injury was not dispositive.

Workers' CompensationBack InjuryWork-Related InjuryAccident Date DisputeSubstantial EvidenceCredibility DeterminationsMedical EvidenceMRI FindingsAppellate ReviewEmployer Appeal
References
4
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
10
Case No. SRO 125481, SRO 140547
Regular
Apr 04, 2008

SANDRA FORREST (deceased), BRYAN MAHAFFY (widower) vs. BOYES SPRINGS FOOD CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision and finding that the applicant's claim for death benefits was barred by the statute of limitations. The Board determined that the claim was filed more than 240 weeks after the established date of injury, as dictated by Labor Code Section 5406. This decision was based on precedent stating that once an injury date is established *inter vivos*, a dependent's subsequent knowledge of industrial causation does not create a new date of injury.

Statute of limitationsDeath benefitsPetition for reconsiderationFindings of Fact and DecisionIndustrial injuryBilateral upper extremitiesCarpel tunnel syndromeShoulder dislocationTemporary disabilityPermanent and stationary
References
9
Case No. MISSING
Regular Panel Decision

Claim of Guifarro v. Zalman, Reiss & Associates

Claimant, a warehouse employee and delivery person, filed for workers' compensation benefits in March 2004, claiming a back injury from repetitive lifting on June 24, 2002. His physician's C-4 form corroborated the injury date, stating it occurred while lifting a heavy air conditioning unit. The employer and its carrier controverted the claim, asserting it was time-barred by the two-year statute of limitations under Workers' Compensation Law § 28, alleging an earlier injury date. However, the Workers' Compensation Law Judge established a work-related back injury with a June 24, 2002 accident date, which the Workers' Compensation Board subsequently affirmed. This appellate court found substantial evidence in the record to support the Board's decision, emphasizing the consistent reporting by the claimant and his physician, and the carrier's failure to provide concrete evidence for an earlier injury. Consequently, the Board's decision was affirmed.

Accidental InjuryRepetitive LiftingBack PainStatute of LimitationsAppellate ReviewSubstantial EvidenceCredibility DeterminationMedical EvidenceEmployer LiabilityCarrier Dispute
References
4
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