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

Case No. ADJ1997800 (OAK 0334934)

Regular

Nov 12, 2008

PRYSCILLA LOYD vs. CSAA and ACE USA, Adjusted By ESIS

The Appeals Board rescinded the WCJ's decision dismissing the applicant's claim for psychological injury and esophagitis. The Board found the applicant, who had recently dismissed her attorney, was diligently seeking a Qualified Medical Evaluator and should have been granted a continuance to obtain necessary medical evidence. The case was returned for further development of the medical record, despite a dissenting opinion arguing the applicant had sufficient time to present her case.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ decisioninjury to psychedepressionesophagitisclerical supervisorDWC Medical UnitQME Panelunrepresented employee

References

Case No. ADJ4582669 (SDO 0330178)

Regular

Jun 01, 2009

WILLIAM LOWE (Deceased) , DARLENE LOWE, vs. CITY OF LOS ANGELES FIRE DEPARTMENT; Permissibly Self-Insured,

This case involves a deceased firefighter diagnosed with esophageal cancer, with his widow alleging it arose from his employment. The defendant employer sought to remove an order requiring further medical development of the record, claiming judicial bias and prejudice. The Workers' Compensation Appeals Board denied the petition, finding no evidence of bias and that the employer failed to demonstrate significant harm from the discovery order. The Board affirmed the WCJ's decision to develop the record, citing precedent allowing the Board to seek substantial evidence when it's lacking.

Petition for RemovalWorkers' Compensation Appeals BoardFirefighterCarcinogenEsophageal CancerDevelop the RecordMedical EvaluatorsBiasPrejudiceIrreparable Harm

References

Case No. MISSING

Regular Panel Decision

Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction

References

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PRYSCILLA LOYD vs. CSAA and ACE USA, Adjusted By ESIS

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ decisioninjury to psychedepressionesophagitisclerical supervisorDWC Medical UnitQME Panelunrepresented employee

WILLIAM LOWE (Deceased) , DARLENE LOWE, vs. CITY OF LOS ANGELES FIRE DEPARTMENT; Permissibly Self-Insured,

Petition for RemovalWorkers' Compensation Appeals BoardFirefighterCarcinogenEsophageal CancerDevelop the RecordMedical EvaluatorsBiasPrejudiceIrreparable Harm

De Coste v. Champlain Valley Physicians Hospital

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction