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

Case No. 2023 NY Slip Op 03890
Regular Panel Decision
Jul 20, 2023

Matter of Perry v. DOCCS Clinton Corr. Facility

Claimant Robert Perry, a correction officer, initially filed a workers' compensation claim in January 2017 for injuries to his left hand and wrist. This claim was established, leading to an award for schedule loss of use of his left hand in September 2019. Subsequently, in May 2020, Perry was diagnosed with left elbow epicondylitis, which he sought to include as a causally-related injury to his existing claim. The employer and carrier argued the amendment was untimely under Workers' Compensation Law § 28. While a Workers' Compensation Law Judge initially permitted the amendment, the Workers' Compensation Board reversed, deeming the left elbow claim time-barred due to not being filed within two years of the original accident. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly found no evidence of an injury to the left elbow in claimant's medical records prior to May 2020, and that the Board, as the sole arbiter of credibility, was free to prioritize medical records over claimant's conflicting testimony regarding earlier elbow pain, thus upholding the denial of the claim and the subsequent denial of reconsideration.

Workers' Compensation LawTimeliness of ClaimLeft Elbow InjuryMedical MisdiagnosisSchedule Loss of UseWorkers' Compensation Board DecisionAppellate DivisionCorrectional OfficerClaim AmendmentStatute of Limitations
References
6
Case No. ADJ7483972, ADJ7483952
Regular
Nov 08, 2012

ROY HAAS vs. CITY OF SANTA ROSA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case involves a workers' compensation applicant, Roy Haas, who sustained injuries to his left elbow and bilateral shoulders. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to increase Haas's permanent disability ratings. The WCAB adopted the WCJ's recommendation to rate impairments based on the highest applicable factor, citing that Dr. Suchard's report did not adequately explain combining strength and range of motion impairments for the elbow, and that strength deficits should not be rated where objective anatomic findings like loss of motion are present and prioritized by the AMA Guides. Consequently, Haas's permanent disability for the left elbow was increased to 25%, and for his shoulders to 31%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability RatingAgreed Medical ExaminerAMA GuidesRange of MotionLoss of StrengthOccupational CodeLabor Code Sections
References
2
Case No. MISSING
Regular Panel Decision

Claim of LeFever v. City of Cortland Fire Department

Claimant, a firefighter, suffered a compensable right elbow injury in 1999, which later evolved into a permanent partial disability of his left upper extremity and elbow by 2005. He retired in 2003 due to a non-work-related cardiac arrest that rendered him unable to perform his duties. After classification of his left elbow injury, claimant sought postretirement benefits, asserting that this compensable injury contributed to his decision to retire. The Workers’ Compensation Board agreed, awarding benefits, a decision subsequently affirmed on appeal. The appellate court found substantial evidence supported the Board's determination that the claimant's compensable disability was a factor in his retirement, thus not constituting a voluntary withdrawal from the labor market.

Workers' CompensationPermanent Partial DisabilityVoluntary Withdrawal from Labor MarketRetirement BenefitsCardiac ArrestElbow InjuryAppellate ReviewSubstantial EvidenceMedical TestimonyDisability Retirement
References
4
Case No. CV-23-0524
Regular Panel Decision
Oct 10, 2024

In the Matter of the Claim of Sofia Becker

Claimant Sofia Becker appealed a Workers' Compensation Board decision denying her request to amend an established claim for a consequential left elbow injury. Becker previously sustained a work-related right ankle injury in 2000, which led to established consequential injuries to her left wrist and both knees, with various schedule loss of use awards. In 2021, she fell at home, injuring her left elbow, and sought to link this to her prior compensable conditions. Both a Workers' Compensation Law Judge and the Board found the fall to be an unrelated slip-and-fall accident, determining she failed to prove a causal relationship between the elbow injury and her established claims. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's finding due to a lack of competent medical evidence establishing a causal connection.

Workers' CompensationConsequential InjuryLeft Elbow InjuryRight Ankle InjurySchedule Loss of Use (SLU)CausalityMedical EvidenceAppellate ReviewBoard Decision AffirmedSlip-and-Fall
References
7
Case No. 2020 NY Slip Op 05276 [187 AD3d 1285]
Regular Panel Decision
Oct 01, 2020

Matter of Covington v. New York City Dept. of Corr.

Claimant Simod Covington, a correction officer, sustained a work-related injury to his right elbow while restraining an inmate. A Workers' Compensation Law Judge (WCLJ) initially awarded a 22.5% schedule loss of use (SLU) of the right elbow. However, the WCLJ deducted prior SLU awards totaling 25% for previous right elbow and shoulder injuries, resulting in a 0% SLU for the instant claim. The Workers' Compensation Board affirmed this decision, finding that the prior SLU awards were properly credited toward the current claim. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that SLU awards compensate for loss of earning power from permanent impairments to statutorily-enumerated body members, and that prior awards for the right arm were properly credited regardless of whether they involved the same or separate parts of the arm.

Workers' CompensationSchedule Loss of Use (SLU)Right Arm InjuryPrior SLU AwardsCredit for Prior InjuriesLoss of Earning PowerCorrection Officer InjuryAppellate ReviewWorkers' Compensation BoardJudiciary Law
References
5
Case No. 534849
Regular Panel Decision
Jul 20, 2023

In the Matter of the Claim of Robert Perry

Claimant Robert Perry, a correction officer, appealed two decisions from the Workers' Compensation Board. Initially, Perry filed a claim in January 2017 for left hand and wrist injuries, which was established. He later sought to amend his claim in 2020 to include a causally-related left elbow injury, diagnosed in May 2020 and surgically repaired in February 2021. The Board, reversing a WCLJ decision, found the claim for the elbow injury time-barred under Workers' Compensation Law § 28, as it was filed more than two years after the original accident. The Board also denied Perry's application for reconsideration. The Appellate Division affirmed the Board's decisions, ruling that the claim for the left elbow injury was indeed time-barred and that the Board did not abuse its discretion in denying reconsideration, having properly weighed the evidence including conflicting medical records and claimant's testimony.

Workers' Compensation Law § 28Statute of LimitationsTimely FilingClaim AmendmentLeft Elbow InjuryMedical MisdiagnosisWorkers' Compensation BoardAppellate ReviewFactual IssueSubstantial Evidence
References
6
Case No. 2020 NY Slip Op 04221 [185 AD3d 1342]
Regular Panel Decision
Jul 23, 2020

Matter of Kleban v. Central NY Psychiatric Ctr.

Claimant Derek Kleban sustained a right shoulder injury in 2013, for which he received a 28.75% schedule loss of use (SLU) award for his right arm. In 2017, he suffered a work-related injury to his right elbow, with his physician finding a 20% SLU of the right elbow. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board ruled that claimant was not entitled to a further SLU award for the elbow injury because the prior SLU award for the right arm exceeded the current 20% SLU. The Appellate Division, Third Department, affirmed this decision, citing Workers' Compensation Law § 15 (3) and prior precedents, which limit SLU awards based on the injured body member and degree of impairment, and allow multiple awards only for loss of use of more than one member or parts thereof, but not when a subsequent injury to a part of a previously awarded larger member results in a lower SLU.

Schedule Loss of Use (SLU)Workers' Compensation BenefitsRight Shoulder InjuryRight Elbow InjuryImpairment RatingPrior AwardSubsequent InjuryAppellate DecisionAffirmationWorkers' Compensation Board
References
4
Case No. CV-23-0524
Regular Panel Decision
Oct 10, 2024

Matter of Becker v. United Cerebral Palsy Assoc.

Claimant Sofia Becker injured her right ankle in December 2000, leading to an established workers' compensation claim and consequential injuries to her left wrist and both knees with assigned schedule loss of use. In September 2021, claimant fell at home, injuring her left elbow, and sought to amend her claim to include this as a consequential injury. A Workers' Compensation Law Judge (WCLJ) initially found prima facie medical evidence for the consequential injury but later disallowed the claim, a decision affirmed by the Workers' Compensation Board (Board). The Board determined the left elbow injury was a regular, unrelated slip-and-fall accident, lacking a consequential causal relationship to her prior established injuries. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence due to the absence of medical opinion linking the elbow injury to prior compensable injuries and conflicting independent medical examination findings.

Workers' CompensationConsequential InjuryCausationMedical EvidenceSchedule Loss of UseSlip and FallBoard DecisionAppellate ReviewCredibility AssessmentOrthopedic Injury
References
7
Case No. ADJ3588744 (AHM 0136596) ADJ3710110 (AHM 0136597) ADJ4588636 (AHM 0136598) ADJ4051109 (LBO 0340086)
Regular
Sep 23, 2019

JOSE VASQUEZ vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's bilateral elbow cumulative trauma injury claim. While the applicant argued the initial award significantly understated his permanent disability, the Board affirmed the original decision, adopting the WCJ's reasoning. The Board deferred the issue of bilateral elbow injury, allowing parties to further resolve it, and corrected a typographical error in the award.

cumulative traumapermanent disabilitymultiple disabilities tablevocational evidencerecord developmentbilateral elbowsstipulationtypographical errorbody partdefer issue
References
1
Case No. ADJ11186013
Regular
Jul 23, 2023

Francisco Diaz vs. Southeast Employee Leasing Services, Inc., State National Insurance Co.

The Workers' Compensation Appeals Board granted reconsideration to amend the original Findings and Order. The amendment clarifies that injury AOE/COE was stipulated by the parties to the right elbow, left elbow, and right ankle. The Board affirmed the WCJ's decision regarding the need for a neuropsychological examination for the brain and head, and the need for medical treatment. However, the Board rejected the defendant's arguments regarding the appointment of a QME and the admissibility of QME reports, deferring to the WCJ's Report for affirmation on those points.

WCABPetition for ReconsiderationFindings and Orderneuropsychological examinationAOE/COEqualified medical evaluatorstipulated injuryReport and Recommendationbody partsneurology
References
0
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