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

Case No. MISSING
Regular Panel Decision

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability
References
34
Case No. MISSING
Regular Panel Decision

Claim Eccles v. Truck-Lite, Inc.

The claimant sustained a head injury after falling from a chair at work and sought workers' compensation benefits. The employer and its carrier disputed the claim, attributing the fall to a non-work-related medical condition. The Workers' Compensation Board ruled that the accident and injuries were not caused by the claimant's preexisting diabetic condition and awarded benefits. The employer and carrier appealed. The court affirmed the Board's decision, noting the Board's authority to assess witness credibility and medical expert opinions, and found the presumption of compensability under Workers’ Compensation Law § 21 had not been rebutted. The court also upheld the Board's rejection of the argument that the claim should be denied due to a violation of Workers’ Compensation Law § 114-a.

Workers' CompensationFall from ChairHead InjuryDiabetic ConditionHypoglycemiaPresumption of CompensabilityCredibility AssessmentMedical Expert OpinionAppellate ReviewSection 21 WCL
References
4
Case No. MISSING
Regular Panel Decision
May 22, 1979

Claim of Ignizio v. Eber Bros. & Co.

The Workers' Compensation Board's decision, filed on May 22, 1979, found that the claimant did not sustain a causally related disability on April 18, 1977. Medical experts, Dr. Currie and Dr. Cristo, testified that the claimant suffered from pre-existing diabetes and arteriosclerotic heart disease. Their work effort on April 18, 1977, resulted in an episode of angina pectoris, not a myocardial infarction. The claimant's cessation of work was due to his underlying condition, not a causally related disability. The Board's determination is supported by substantial evidence.

Angina PectorisMyocardial InfarctionDiabetesArteriosclerotic Heart DiseaseCausally Related DisabilityWork EffortMedical EvidencePre-existing ConditionDisability Claim
References
0
Case No. ADJ7948448
Regular
Nov 03, 1971

HENRY LOPEZ vs. WINDSOR SNF MANAGEMENT, TOWER SELECT INSURANCE COMPANY

This case involves an applicant who, while on a work assignment, experienced a diabetic episode causing dizziness. He stopped at a nearby market to eat and subsequently slipped and fell, injuring his hip and knee. The employer argued the injury was outside the scope of employment due to a deviation and the going and coming rule. However, the WCJ found the deviation was reasonable under the personal comfort rule for a known medical condition, and the Appeals Board adopted this reasoning, denying reconsideration. The Board gave great weight to the WCJ's credibility findings and resolved reasonable doubts in favor of the employee, consistent with precedent.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingInjury to left hip and left kneeDiabetic episodeLow blood sugarDeviation from work assignmentGoing and coming ruleInsbexual evidence
References
1
Case No. MISSING
Regular Panel Decision
Oct 14, 2003

Claim of Berkley v. Irving Trust Co.

In 1984, the claimant, employed at Irving Trust Company, experienced a job-stress-induced psychotic episode, for which workers' compensation benefits were initially established. By 1995, a Workers’ Compensation Law Judge (WCLJ) and the Workers' Compensation Board determined that her disability was no longer causally related. The case was reopened in 2000 after another psychotic episode, which the claimant alleged was causally linked to her prior employment stress. However, in 2003, a WCLJ and the Board found the latest episode was not causally related to her employment and applied Workers’ Compensation Law § 25-a. The Appellate Division affirmed the Board's decision, giving deference to its resolution of conflicting medical expert testimony, which attributed the recent episode to stress from graduate school rather than a remanifestation of the prior work-related breakdown.

psychotic episodecausally related disabilityworkers' compensation benefitsmedical expert testimonycredibility assessmentpersonality disorderstress-induced illnessappellate reviewWorkers’ Compensation Law § 25-aprior employment stress
References
3
Case No. LBO 0370243
Regular
May 19, 2008

JOEL GRIMALDO vs. ABBEY EVENT SERVICES / STELLAR EVENT \& PRESENTATION, AMERICAN HOME INSURANCE, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and reversed a previous finding, ruling that the applicant's diabetes was not industrially caused. While the applicant sustained an admitted industrial injury to his left foot, the Board found substantial medical evidence indicating his diabetes was a pre-existing condition that complicated the foot injury rather than being caused by it. Consequently, the decision was amended to exclude diabetes as an industrial injury.

Workers' Compensation Appeals Boardindustrial injurydiabetesfoot injuryosteomyelitisamputationcausationmedical evidencereconsiderationapportionment
References
8
Case No. ADJ3588877 (SAC 0332526)
Regular
Jul 19, 2011

Laurie Shreffler vs. Electronic Data System, Hewlett Packard, Travelers Insurance Company

In this Workers' Compensation Appeals Board decision, the Appeals Board reversed the finding that the applicant sustained an industrial injury related to diabetes. The Board adopted the WCJ's report, which favored Dr. Nishimura's medical opinion over Dr. Nacouzi's regarding the diabetes. While the award for temporary and permanent disability remains, the applicant is no longer entitled to industrial medical treatment for her diabetes. The decision otherwise affirmed the original award for injuries to the neck, low back, psyche, and irritable bowel syndrome.

Workers' Compensation Appeals BoardElectronic Data SystemHewlett PackardTravelers Insurance Companyindustrial injurylow backneckpsycheirritable bowel syndromediabetes
References
1
Case No. ADJ2590975 (STK 0190237)
Regular
Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board affirmed a prior award granting medical treatment for applicant's diabetes. Despite the defendant's argument that diabetes treatment was for a non-industrial condition, the Board found it necessary to prevent worsening of the applicant's industrially caused heart disease. Medical evaluators concluded that controlling diabetes is an essential component of treating industrial heart conditions, making the treatment compensable. The decision hinges on the principle that treatment for non-industrial conditions is covered when essential to cure or relieve the effects of an industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600
References
9
Case No. ADJ1577836
Regular
May 04, 2009

JESUS GAVINO-REMIGIO vs. STRATUS SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured when stepping on a metal hook, sustaining an admitted industrial injury to his right foot. The applicant sought reconsideration after the Workers' Compensation Judge (WCJ) denied findings that the injury also affected his internal systems (diabetes), eyes, and psyche, along with associated disability. The Board denied reconsideration, finding the defendant's medical expert's opinion on non-industrial diabetes causation to be substantial evidence, while deeming the applicant's medical experts' opinions insufficient. A dissenting commissioner argued the applicant's medical evidence sufficiently supported industrial causation for diabetes aggravation, warranting reconsideration.

Workers' Compensation Appeals Boardindustrial injuryright footinternal systemseyespsychediabetes mellituspermanent disabilitytemporary disabilityGerald Markovitz M.D.
References
5
Case No. SFO 0478857
Regular
Jan 04, 2008

GEORGE JOHNSON vs. CITY OF BRENTWOOD

The Appeals Board granted reconsideration to reverse the prior award finding industrial injury to the heart in the form of diabetes. The Board determined there was no substantial medical evidence that diabetes constituted "heart trouble" under Labor Code section 3212, as it is a risk factor, not a present cardiac condition. Consequently, the award of permanent disability and further medical treatment related to the heart was rescinded, while affirming other findings regarding a hernia.

Workers' Compensation Appeals BoardGeorge JohnsonCity of BrentwoodSFO 0478857Opinion and Order Granting ReconsiderationFindings and Awardcumulative traumapolice officerindustrial injuryhernia
References
2
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