CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

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. MISSING
Regular Panel Decision
Jul 24, 2002

In re the Claim of Miller v. North Syracuse Central School District

This case involves an appeal from a Workers' Compensation Board decision concerning overlapping workers' compensation awards. The claimant, a food services worker, filed two separate claims: one for occupational disease to her shoulders, leading to a schedule loss of use award, and another for bilateral carpal tunnel syndrome, which resulted in a temporary total disability award for the period from December 13, 1999, to February 14, 2000. The State Insurance Fund argued that the schedule loss of use award should be suspended for this period to prevent an overlap. Initially, a Workers’ Compensation Law Judge disagreed, but the Workers’ Compensation Board reversed, ruling in favor of suspending the schedule award. On appeal, the court reversed the Board's decision, clarifying that a schedule award is not allocable to a specific period of disability and therefore does not overlap with a temporary total disability award covering a limited timeframe. The court distinguished this from cases involving permanent disability awards. The matter was remitted to the Workers’ Compensation Board for recalculation of the claimant’s award.

Workers' CompensationSchedule Loss of UseTemporary Total DisabilityOverlapping AwardsEarning CapacityOccupational DiseaseCarpal Tunnel SyndromeShoulder InjuryAppellate ReviewRecalculation of Award
References
7
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. MISSING
Regular Panel Decision

Claim of Cruz v. City of New York Department of Children's Services

Claimant, injured in an automobile accident while working, received workers' compensation benefits and later settled a third-party action. A Workers’ Compensation Law Judge (WCLJ) and the Workers’ Compensation Board ruled that the self-insured employer was not entitled to offset the third-party settlement against a schedule loss of use (SLU) award, even for the portion initially designated as temporary total disability. The employer appealed, arguing the offset was permissible because the weekly award exceeded statutory thresholds for basic economic loss. However, the court affirmed the Board's decision, clarifying that a schedule loss of use award is not allocable to any specific period of disability and thus is not subject to offset under Workers’ Compensation Law § 29 against first-party benefits, regardless of initial labeling or monthly rate.

Schedule Loss of Use Award OffsetThird-Party SettlementTemporary Total DisabilityPermanent Partial DisabilityBasic Economic LossNo-Fault LawInsurance LawStatutory InterpretationWorkers' Compensation Law § 29Appellate Division
References
6
Case No. ADJ3783720 (EUR 0038931)
Regular
Apr 05, 2011

STANLEY HOLCOMB, JR. vs. TOWN OF SCOTIA COMPANY, LLC, Successor In Interest to THE PACIFIC LUMBER COMPANY (PSI), Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision regarding the applicable Permanent Disability Rating Schedule. The Board determined that Dr. Brandvold's November 17, 2004 report indicated permanent disability, thus triggering an exception under Labor Code section 4660(d). Consequently, the 1997 Permanent Disability Rating Schedule, not the 2005 Schedule, must be applied. The case is returned for further proceedings to determine permanent disability under the correct schedule.

2005 Permanent Disability Rating Schedule1997 ScheduleLabor Code section 4660(d)Petition for ReconsiderationWCJ's Report and Recommendationtreating neurosurgeonQualified Medical Evaluators (QMEs)cumulative injuryapportionmentpermanent disability
References
6
Case No. ADJ1099369
Regular
Jul 01, 2009

SANDRA SMULLEN vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the applicant's pre-2005 treating physician reports sufficiently indicated permanent disability. Consequently, the Board applied the 1997 permanent disability rating schedule instead of the 2005 schedule. This resulted in an amended award of 56 percent permanent disability based on the stipulated rating under the 1997 schedule. The decision reversed the prior award that had utilized the 2005 schedule and awarded 35 percent permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 Rating Schedule1997 Rating ScheduleLabor Code section 4660(d)Petition for ReconsiderationIndustrial InjuryPolice OfficerBack InjuryTreating Physician
References
6
Case No. ADJ6879193
Regular
Feb 10, 2012

KATHERINE LAU vs. CUPERTINO UNION SCHOOL DISTRICT, KEENAN and ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration to review the application of the 1997 vs. 2005 Permanent Disability Rating Schedules. The Board reversed the WCJ's finding, determining there was insufficient pre-2005 medical evidence of permanent disability to apply the 1997 schedule. Consequently, the Board applied the 2005 schedule, reducing the applicant's permanent disability rating from 29% to 12%. One Commissioner dissented, arguing the record supported the use of the 1997 schedule based on pre-2005 indications of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent Disability Rating1997 Schedule2005 ScheduleLabor Code Section 4660(d)Comprehensive Medical-Legal ReportTreating Physician ReportIndustrial Injury
References
4
Case No. ADJ302815 (OXN 0136951)
Regular
Sep 27, 2010

PETER RODRIGUEZ vs. MERCO CONSTRUCTION ENGINEERING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to determine which permanent disability rating schedule applies to Peter Rodriguez's 2004 industrial injury. The Board reversed the trial judge, finding that Dr. Ghilarducci's May 21, 2004 report constituted substantial evidence of permanent disability prior to January 1, 2005. Consequently, the Board held that the 1997 Schedule for Rating Permanent Disabilities, not the 2005 Schedule, applies to this case. The matter was remanded for further proceedings to apply the correct schedule to determine permanent disability and apportionment.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardLabor Code2005 Schedule1997 SchedulePermanent DisabilityApportionmentMedical-Legal ReportTreating Physician
References
7
Case No. SAL 0110469
Regular
Jan 22, 2008

DENNIS HOWELL vs. COUNTY OF MONTEREY

This case concerns the application of the correct workers' compensation rating schedule for a pre-2005 injury. The defendant argued for the revised schedule, claiming no temporary disability payments were made in 2004 and no permanent disability reports existed then. However, the Board found that the applicant *was* entitled to temporary disability benefits in 2004, triggering the obligation to issue notice regarding permanent disability. Therefore, the prior rating schedule applies to determine the applicant's permanent disability.

Workers' Compensation Appeals BoardDENNIS HOWELLCOUNTY OF MONTEREYindustrial injuryleft kneetemporary disabilitypermanent disabilityprior rating schedulerevised rating scheduleLabor Code section 4660(d)
References
3
Case No. ANA 391914
Regular
Oct 01, 2007

HENRY MONTANO vs. BIMBO BAKERIES & ACE AMERICAN INSURANCE COMPANY, INC., EMPLOYERS SELF-INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding that the 2005 Permanent Disability Rating Schedule, not the 1997 schedule, should apply. This is because the applicant's temporary disability benefits payment period did not trigger the exceptions requiring the older schedule. The case is remanded for a new decision using the 2005 schedule for calculating permanent disability benefits.

Permanent Disability Rating Schedule4660(d)Virgil Hernandez M.D.Richard Burke D.P.M.Comprehensive Medical-Legal ReportTreating Physician ReportSection 4061 NoticeTemporary Disability IndemnityPermanent and StationaryQualified Medical Evaluators
References
0
Showing 1-10 of 7,835 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational