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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

Lehman v. Kornblau

The plaintiff, Martin A. Lehman, an orthopedic surgeon, initiated a lawsuit against a large group of defendants, including government officials and insurance entities, alleging a conspiracy to maliciously prosecute him for insurance fraud. The core of his claim involves an entrapment scheme using undercover "patients" who later allegedly perjured themselves during grand jury testimony. The court ruled on motions to dismiss, granting them in part and denying them in part, resulting in the dismissal of several claims and defendants. Specifically, claims for conspiracy, unwarranted search, perjury, and entrapment were dismissed entirely, as was a general constitutional claim. However, claims for false arrest and malicious prosecution against certain county and postal service defendants, and a defamation claim against District Attorney Dillon, A.D.A. Kornblau, and Nassau County, were allowed to proceed. The court also deferred decisions on various immunity defenses, allowing for further discovery.

Malicious ProsecutionFalse ArrestInsurance FraudCivil Rights LitigationSection 1983DefamationProsecutorial ImmunityQualified ImmunitySovereign ImmunityGrand Jury Perjury
References
66
Case No. ADJ2778117 (RIV 0032584)
Regular
Dec 31, 2009

KEYIN MORALES vs. RALPHS GROCERY CO., SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted the petition for reconsideration and amended the Findings and Award to find 18 1/2 percent permanent disability, after apportionment of 50 percent to applicant's non-industrial peripheral neuropathy.

ApportionmentPeripheral neuropathyCausationPermanent disabilityAgreed medical examinerWCJPetition for reconsiderationFindings and AwardWork restrictionsIndustrial injury
References
4
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
11
Case No. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
5
Case No. ADJ8878991
Regular
Jan 31, 2014

JAY SCHETTLER vs. ALLIED BEVERAGES, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's finding of injury. The applicant, a route salesman, claimed he stepped on glass, injuring his left foot, which was corroborated by medical records showing a cut and the applicant's delayed awareness due to diabetic neuropathy. Defense witness testimony also supported the applicant's claim of cutting his toe at work. The Board found the applicant's testimony credible and the medical evidence sufficient to establish the injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factterritory route salesmanmechanism of injurydiabetic neuropathycredibilitymedical recordsReport and Recommendationurgent care
References
1
Case No. ADJ3582743 (STK 0215397)
Regular
Apr 11, 2014

KERI LARSEN vs. MODESTO IRRIGATION DISTRICT

This case concerns defendant Modesto Irrigation District's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge erred in using an incorrect impairment number for calculating permanent disability. The Board amended the award to reflect an 18% permanent disability rating, based on the agreed medical evaluator's opinion regarding lateral epicondylitis and decreased grip, not nerve entrapment. The Board also corrected the finding for future medical treatment to the right arm and elbow, aligning with the amended disability rating.

Workers' Compensation Appeals BoardModesto Irrigation DistrictKerri Larsenpermanent disability ratingAMA GuidesAlmarez-Guzmanstraight ratingReport And Recommendation On Petition For ReconsiderationAgreed Medical EvaluatorAME
References
5
Case No. ADJ7650259
Regular
Aug 20, 2012

DARA HANRAHAN vs. CALIFORNIA HORSEMEN'S ALLIANCE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS INSURANCE

This case involves a workers' compensation claim where the applicant, Dara Hanrahan, sustained an injury to her eye while working as an exercise rider. The defendant argued the injury did not qualify as "high-velocity" under Labor Code section 4656(c)(3)(F) due to a lack of velocity evidence. Medical reports documented a traumatic blowout fracture of the left orbit with significant soft tissue entrapment and residual symptoms, including diplopia and ongoing facial pain. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the injury qualified for extended temporary disability benefits.

Workers' Compensation Appeals BoardDara HanrahanCalifornia Horsemen's AllianceInsurance Company of the State of PennsylvaniaChartis InsuranceADJ7650259Oakland District OfficePetition for ReconsiderationFindings Award and OrderAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision
Sep 22, 1999

Umansky v. Masterpiece International Ltd.

The plaintiff, a receptionist and clerical worker, was terminated by the defendants after being diagnosed with bilateral ulnar nerve entrapment, a condition similar to carpal tunnel syndrome. The plaintiff alleged discrimination based on disability, violating Executive Law § 296 and Administrative Code § 8-107. The defendants contended the termination was due to poor job performance. The Supreme Court denied the defendants' motion for summary judgment, citing a material question of fact regarding whether the disability prevented the plaintiff from performing her job or if there was a legitimate non-discriminatory reason for termination. The appellate court affirmed the Supreme Court's order, upholding the denial of summary judgment.

discriminationdisabilitywrongful terminationsummary judgmenthuman rights lawulnar nerve entrapmentemployment lawappellate reviewmaterial question of factKings County
References
3
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
Case No. MISSING
Regular Panel Decision

Newsome v. Astrue

Gordon C. Newsome challenged the Commissioner of Social Security's final determination denying him social security disability benefits. The Administrative Law Judge (ALJ) had found Newsome not disabled, attributing his impairments primarily to alcohol abuse and a temporary hip fracture. The District Court identified several legal errors by the ALJ, including improper assessment of neuropathy and DVT diagnoses, mischaracterization of a treating physician's report, and failure to adequately develop the record regarding the materiality of alcohol abuse to Newsome's physical limitations. Consequently, the Plaintiff's motion for judgment on the pleadings was granted, the Commissioner's cross-motion was denied, and the case was remanded to the ALJ for further proceedings consistent with the court's decision.

Social Security DisabilityAlcohol AbuseSeizure DisorderPancreatitisNeuropathyDeep Vein Thrombosis (DVT)Credibility AssessmentTreating Physician RuleRemandAdministrative Law Judge (ALJ)
References
54
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