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Case No. ADJ1609633 (POM 0277100)

Regular

May 28, 2014

DAVID WILSON (Deceased), PATRICIA WILSON (Widow) vs. POMONA UNIFIED SCHOOL DISTRICT

This case concerns a widow's claim for workers' compensation death benefits following her husband's fatal myocardial infarction. The applicant argued cumulative occupational stress caused his cardiovascular condition and death. However, the Administrative Law Judge and the Appeals Board found the decedent's death resulted from diverticular bleeding leading to a heart attack, a condition deemed not work-related by the chosen medical expert. The Board affirmed the decision denying the claim, finding the medical evidence supporting a non-industrial cause to be more persuasive.

WCABIndustrial InjuryCardiovascular SystemHypertensionHypertensive Ventricular HypertrophyMyocardial InfarctionCumulative Occupational StressDiverticular BleedingColectomyCausation

References

Case No. MISSING

Regular Panel Decision

Claim of Berland ex rel. Berland v. P. Mackner & Co.

The Workers' Compensation Board disallowed a claim for benefits, ruling that the death of the claimant's decedent was not causally related to a prior accident. The decedent died on January 27, 1997, due to cardiopulmonary arrest, cardiac arrest, and atherosclerotic heart disease, with cerebrovascular accident and gastrointestinal bleeding as contributing conditions. The prior accident, on December 11, 1952, had resulted in leg injuries. The claimant failed to provide prima facie medical evidence establishing a causal connection between the 1952 accident and the 1997 death from a heart condition. The court affirmed the Board's determination, finding substantial evidence to support the lack of causal relationship.

Causal RelationshipWorkers' Compensation BenefitsDeath ClaimHeart DiseasePrior AccidentMedical EvidenceBurden of ProofSubstantial EvidenceBoard DeterminationAppellate Review

References

Case No. MISSING

Regular Panel Decision

Mar 18, 1987

Claim of Brush v. New York University Medical Center

The claimant, an animal research technician for New York University Medical Center, was exposed to toxic chemicals and mice, developing several health issues including bleeding dyscrasia, thrombocytopenia, and later viral meningeal encephalitis. Her physician testified that her condition was causally related to exposure to mice and their droppings. Despite conflicting medical testimony, the Workers’ Compensation Board reversed an Administrative Law Judge's denial, finding a work-related disability. The self-insured employer appealed this decision, arguing a lack of substantial evidence. The Appellate Division, however, affirmed the Board's decision, deferring to its province to resolve conflicting medical testimony.

Workers' CompensationOccupational DiseaseViral Meningeal EncephalitisThrombocytopeniaAnimal Research TechnicianExposure to AnimalsCausal RelationshipMedical TestimonySubstantial EvidenceAppellate Review

References

Case No. MISSING

Regular Panel Decision

Byfield v. Chapman

Plaintiff, proceeding pro se, initiated a lawsuit against prison officials under 42 U.S.C. § 1983, alleging that he was subjected to a beating on February 16, 2011, which he claims led to him observing blood in his urine five days later. Defendants subsequently filed a Motion in Limine, seeking to prevent the plaintiff from testifying about his observation of blood in his urine without expert medical testimony to establish causation. Defendants argued that the injury was complex and cited their own expert's opinion attributing the bleeding to benign prostatic hypertrophy. The court, after reviewing arguments and relevant case law, denied the defendants' motion, ruling that the observation of blood in urine following a beating is not an injury so complex that a lay jury cannot assess causation based on common knowledge and the presented evidence, including conflicting expert opinions.

Motion in LimineExpert TestimonyCausationLay Witness Testimony42 U.S.C. § 1983Prison OfficialsPhysical InjuryBlood in UrineFederal Rules of EvidencePro Se Plaintiff

References

Case No. MISSING

Regular Panel Decision

Brewerton v. Barnhart

This is an action brought under 42 U.S.C. § 405(g) to review the Commissioner of Social Security's final determination denying the plaintiff's application for disability insurance and SSI benefits. The plaintiff claimed inability to work due to premenstrual dysthymic disorder, panic attacks, major depression, and anxiety, alongside physical issues and alcoholism. After an Administrative Law Judge (ALJ) denied benefits, and the Appeals Council upheld this, the plaintiff sought judicial review. The District Court, presided over by Judge Siragusa, considered the defendant's motion for judgment on the pleadings and the plaintiff's cross-motion for remand based on new medical evidence (post-hearing psychiatric reports, surgery for abnormal menstrual bleeding, and knee surgery). The court found the new evidence material and good cause for its late submission. Consequently, the court denied the Commissioner's motion and granted the plaintiff's motion, remanding the case for further administrative proceedings.

Social SecurityDisability BenefitsSupplemental Security Income (SSI)Disability Insurance BenefitsMental ImpairmentDepressionAnxietyPanic AttacksPremenstrual Dysphoric DisorderAlcoholism

References

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DAVID WILSON (Deceased), PATRICIA WILSON (Widow) vs. POMONA UNIFIED SCHOOL DISTRICT

WCABIndustrial InjuryCardiovascular SystemHypertensionHypertensive Ventricular HypertrophyMyocardial InfarctionCumulative Occupational StressDiverticular BleedingColectomyCausation

Claim of Berland ex rel. Berland v. P. Mackner & Co.

Causal RelationshipWorkers' Compensation BenefitsDeath ClaimHeart DiseasePrior AccidentMedical EvidenceBurden of ProofSubstantial EvidenceBoard DeterminationAppellate Review

Claim of Brush v. New York University Medical Center

Byfield v. Chapman

Motion in LimineExpert TestimonyCausationLay Witness Testimony42 U.S.C. § 1983Prison OfficialsPhysical InjuryBlood in UrineFederal Rules of EvidencePro Se Plaintiff

Brewerton v. Barnhart

Social SecurityDisability BenefitsSupplemental Security Income (SSI)Disability Insurance BenefitsMental ImpairmentDepressionAnxietyPanic AttacksPremenstrual Dysphoric DisorderAlcoholism