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

Case No. ADJ10964016
Regular
Jun 28, 2019

VALENTE GONZALEZ vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained an industrial injury to his back on July 7, 2017, which defendants sought to deny as a new injury. The applicant had a prior back injury from 2014. While a medical evaluator termed the 2017 incident a "flare-up," the Board found it constituted a new injury under Labor Code section 3208.1(a) as it was an employment-related incident causing disability. Therefore, the Board denied the defendant's petition for reconsideration.

Workers' Compensation Appeals BoardValente GonzalezWasco State PrisonState Compensation Insurance Fundcorrectional officerindustrial injuryback injuryspecific injurystipulated awardtemporary disability
References
1
Case No. ADJ6751877 ADJ6997475
Regular
Nov 17, 2010

BLANCA SUSANA DE LA VEGA vs. SONY CORPORATION OF AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the judge's report, which found the applicant was not entitled to spinal surgery based on the Agreed Medical Examiner's opinion. The applicant also failed to prove a new injury occurred on March 13, 2009, as evidence indicated a flare-up of a prior injury. The Board found the Agreed Medical Examiner's opinion constituted substantial evidence and saw no reason to deviate from it.

ADJ6751877ADJ6997475Petition for ReconsiderationAgreed Medical Examinerspinal surgerylumbar fusionhysterical conversion reactionAOE/COEsubstantial medical evidenceprimary treating physician
References
1
Case No. ADJ7839872
Regular
Aug 13, 2015

, Kathleen Sears vs. , Campbell Union High School District; Permissibly Self-Insured, Administered by TRISTAR

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury AOE/COE for Kathleen Sears against Campbell Union High School District. The applicant, CIGA, argued that Dr. Damore's report supported a new cumulative trauma injury. However, the WCJ's report, adopted by the Board, found that Dr. Damore's findings were limited to conditions not covered by the original award and that subsequent medical evidence and the applicant's testimony did not support a sustained new injury. The Board concluded that Dr. Damore's findings likely represented a short-term flare-up, not a new cumulative trauma.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCIGAcumulative injurybilateral upper extremitiesstipulated awardliquidationsubsequent injuryPQME
References
0
Case No. MISSING
Regular Panel Decision

Lynch v. Rockland County Department of Social Services

The claimant, a typist for the Rockland County Department of Social Services, experienced an aggravation of a preexisting arthritic condition due to adverse working conditions at her workplace. She was exposed to water leaks and dampness after an office move and later to cold drafts from a broken window in an unheated building. Her physician attributed the arthritic flare-ups to these environmental exposures. The Workers' Compensation Board found this constituted a compensable accidental injury, applying the 'special increase and unusual hazard' and 'repeated trauma' doctrines to satisfy the time-definiteness requirement for an accident. The court affirmed the Board's decision, concluding that the conditions were sufficiently adverse to be considered an accidental injury.

ArthritisWork InjuryEnvironmental ExposurePreexisting ConditionCausal RelationshipWorkers' CompensationAggravationTime-DefinitenessAccidental InjuryRepeated Trauma
References
7
Case No. MISSING
Regular Panel Decision

Claim of Russell v. Carborundum Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the liability of the Special Fund for Reopened Cases. The claimant suffered a back injury in 1972 and received disability payments from a self-insured employer. The case was closed in 1974 but reopened after medical reports in 1975 showed a worsening condition, leading to renewed employer payments. In 1979, another medical report indicated a flare-up, prompting the employer to argue for a shift in liability to the Special Fund under Workers’ Compensation Law section 25-a, citing the lapse of time. The Board held the employer liable and discharged the Special Fund. The appellate court affirmed the Board's decision, concluding that the 1975 medical reports served as a motion to reopen and provided sufficient notice, thus tolling section 25-a and preventing the claim from becoming 'stale'.

Workers' CompensationSpecial Fund for Reopened CasesSection 25-aMedical ReportsTolling of Statute of LimitationsStale ClaimsEmployer LiabilityPermanent Partial DisabilityBack InjurySurgery Authorization
References
5
Case No. 2025 NY Slip Op 05850
Regular Panel Decision
Oct 23, 2025

People v. Flanigan

Defendant Razeah S. Flanigan appealed convictions for assault in the second degree and reckless endangerment in the second degree, stemming from an incident where he fired a flare gun, injuring the victim's arm. The Appellate Division, Third Department, reviewed the weight of the evidence for the assault conviction, concluding that the victim suffered a serious physical injury due to disfigurement and protracted impairment. The court affirmed the assault conviction but found that reckless endangerment in the second degree was an erroneous lesser included offense of assault in the first degree, though harmless as it was a proper lesser included offense of another count. Ultimately, the court determined that reckless endangerment in the second degree was a lesser included offense of assault in the second degree, leading to the dismissal of the reckless endangerment conviction. The judgment was modified to dismiss the conviction on count 3 and affirmed as modified.

Assault Second DegreeReckless EndangermentSerious Physical InjuryLesser Included OffenseFlare Gun InjuryCriminal Weapon PossessionJustification DefenseWeight of Evidence ReviewAppellate DivisionConviction Modification
References
16
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