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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

Dement v. Kelly

Petitioner William Dement, a former NYPD lieutenant and 9/11 first responder, challenged the denial of his World Trade Center (WTC) line-of-duty accident disability retirement (ADR) pension. Dement developed multiple conditions, including severe sleep apnea and gastroesophageal reflux disease (GERD), after his WTC exposure. The Medical Board repeatedly denied his WTC-ADR application, attributing his disability solely to sleep apnea unrelated to WTC exposure, despite evidence linking GERD and heavy metal poisoning (recognized WTC conditions) to his sleep apnea and overall disability. The Supreme Court upheld the denial. However, the appellate court reversed this decision, finding that the respondents failed to rebut the WTC presumption of causation. The court determined that Dement's disabling sleep apnea was attributable to WTC exposure and exacerbated by his WTC-related GERD, as supported by medical literature. The case was remanded for an award of a WTC-ADR pension, emphasizing the legislative intent to protect 9/11 workers.

WTC Disability RetirementFirst Responder HealthCausation StandardPresumptive EvidenceMedical Board ReviewSleep Apnea DisabilityGastroesophageal Reflux Disease (GERD)Heavy Metal ToxicityPolice Pension BenefitsArticle 78 Proceeding
References
12
Case No. ADJ9635847
Regular
Oct 07, 2016

GANNON MASZK vs. CITY OF CARLSBAD

This case involves a workers' compensation claim for a hiatal hernia, GERD, and Barrett's Esophagus. The defendant sought to apportion the applicant's permanent disability, arguing that the presumed industrial cause of the hernia did not extend to subsequent GERD complications. However, the Appeals Board denied reconsideration, finding that the medical examiner's apportionment was not based on the *cause of the permanent disability*, but rather on the *cause of the injury*. Therefore, in the absence of legally sufficient apportionment, the applicant was awarded unapportioned permanent disability.

WCABGannon MaszkCity of CarlsbadKeenan AssociatesADJ9635847Petition for ReconsiderationFindings and Awardcumulative traumahiatal herniaGERD
References
2
Case No. ADJ1686112 (OAK 0339047)
Regular
Nov 20, 2018

CARLOS CALDERON vs. HERSHEY FOOD COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that only 20% of the GERD impairment was due to the industrial injury. The applicant argued the QME's apportionment report lacked substantial evidence, but the Board agreed with the WCJ that the doctor provided sufficient reasoning. The QME's report detailed the applicant's prior history of GERD and explained how NSAID prescriptions related to the work injury contributed to the current impairment. Therefore, the Board found the QME's opinions on apportionment and permanent disability to be substantial evidence.

Workers' Compensation Appeals BoardGERDapportionmentQMEPatricia WigginsM.D.permanent disability42% permanent disabilitygastritisNSAIDs
References
0
Case No. ADJ9191721, ADJ7337791
Regular
Nov 09, 2017

RICARDO BARAJAS vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

This case concerns a petition for reconsideration by the defendant school district regarding an award to the applicant, Ricardo Barajas. The applicant sustained injuries on October 26, 2012, impacting multiple body parts and resulting in $70\%$ permanent partial disability. The defendant contested the finding that applicant suffered from GERD and that it contributed $25\%$ to his whole person impairment, arguing the medical evidence was insufficient. The Workers' Compensation Appeals Board denied the petition, finding that the QME's reports on GERD, including causation and impairment, constituted substantial evidence. The Board affirmed that the AMA Guides allow for clinical judgment, and Dr. Sherman's opinions were supported by his examination, medical records, and cited research.

Workers' Compensation Appeals BoardRicardo BarajasAntelope Valley Union High School DistrictCORVEL CORPORATIONFindings Award and OrderQualified Medical EvaluatorDr. Shermangastroesophageal reflux diseaseGERDwhole person impairment
References
0
Case No. 531185
Regular Panel Decision
Jan 07, 2021

Matter of Lewandowski v. Safeway Envtl. Corp.

Zdzislaw Lewandowski, a former World Trade Center cleanup worker, appealed a Workers' Compensation Board decision that disallowed his claim for chronic obstructive pulmonary disease (COPD). Lewandowski sought benefits for various ailments, including depression, breathing problems, gastroesophageal reflux disease (GERD), and rhinitis. The Board had established his claims for GERD and posttraumatic stress disorder (PTSD) but maintained the disallowance for COPD due to insufficient evidence of a causal relationship. The Appellate Division, Third Department, affirmed the Board's decision regarding the disallowance of the COPD claim, finding it supported by substantial evidence. However, the court reversed the Board's denial to revisit Lewandowski's date of disablement and average weekly wage, remitting the matter for consideration of the date most beneficial to the claimant under Workers' Compensation Law § 164, and for further proceedings consistent with its decision.

World Trade Center cleanupChronic Obstructive Pulmonary DiseaseGERDPTSDAgoraphobiaPanic DisorderCausationMedical EvidenceDate of DisablementAverage Weekly Wage
References
19
Case No. SAC 316687
Regular
Feb 28, 2008

STEVE OLSON vs. DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a correctional lieutenant claiming cumulative industrial injury to his heart, hypertension, diabetes, and GERD. The original decision apportioned 80% of his permanent disability to non-industrial causes, but the Appeals Board rescinded this. The Board determined that Labor Code section 4663(e) exempts safety officers like the applicant from apportionment for presumed injuries, and the calculation of permanent disability indemnity must now follow the *Brodie/Welcher* standard.

Workers' Compensation Appeals BoardSAC 316687Steve OlsonDepartment of CorrectionsState Compensation Insurance FundOpinion and Decision After Reconsiderationcorrectional lieutenantcumulative industrial injuryhearthypertension
References
2
Case No. ADJ9771839
Regular
Jan 27, 2020

MICHAEL KARLIS vs. CITY OF GLENDALE

This case involves a firefighter's workers' compensation claim for injuries including to his spine, skin, and cardiovascular system. The defendant appealed the initial award, arguing for a cardiac MRI, disputing the cause of GERD, and questioning the disability rating for the skin condition. The Appeals Board granted reconsideration to address these issues. Ultimately, the Board affirmed the award, reducing the permanent disability rating slightly to 87% due to a re-evaluation of the skin condition impairment rating.

GERDNSAIDLVHechocardiogramcardiac MRIactinic keratosisprecancerous lesionsdisfigurementAMA Guidespermanent disability rating
References
0
Case No. ADJ4008604 (LBO 0390525) ADJ7754215
Regular
Dec 12, 2013

JOEL WILLIS vs. CITY OF ANAHEIM, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the City of Anaheim's petition for reconsideration. The Board upheld the administrative law judge's finding that a police officer sustained industrial injury to his psyche, hypertension, GERD, and IBS. Defendant argued the psychiatric injury stemmed from financial difficulties, not work stress, and that the Agreed Medical Evaluator's report was unsubstantiated. The Board found the AME's report constituted substantial evidence and was properly relied upon by the WCJ, despite the defendant's claims.

Workers' Compensation Appeals Boardindustrial injurypsycheinsomniahypertensiongastro-esophageal reflux diseaseirritable bowel syndromepolice officerreconsiderationAgreed Medical Evaluator
References
0
Case No. ADJ9576412
Regular
Aug 08, 2018

MARTIN MOCCALDI vs. G4S SECURE SOLUTIONS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award finding the applicant sustained a cumulative trauma injury to his heart and GERD. The employer alleged the applicant misrepresented his work stress and that the date of injury was unsupported as no time was lost from work. The Board found the employer's petition contained misleading representations, admonished them for advocacy that crossed into misrepresentation, and upheld the WCJ's credibility determinations. The Board also clarified that the date of injury for statute of limitations purposes was not an issue at trial.

MoccaldiG4S Secure SolutionsNational Union Fire Insurance CompanyGallagher Bassett ServicesWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative Trauma InjuryGERDCardiovascular System
References
1
Case No. ADJ1528752 (FRE 0238108) ADJ2715270 (FRE 0238107) ADJ4356655 (FRE 0238106)
Regular
Mar 10, 2014

JUANITA GUZMAN vs. BEST BUY, GALLAHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant's orthopedic injuries were established, resulting in a $29\%$ permanent disability rating. However, the applicant failed to provide substantial medical evidence that her industrial injuries caused or contributed to her alleged cardiovascular system issues, sleep apnea, GERD, or hypertension. Specifically, the opinion of the applicant's expert, Dr. Cayton, was deemed not substantial evidence due to reliance on an inaccurate and unverified history of the applicant's weight.

Workers' Compensation Appeals BoardJoint Findings of Fact and AwardPetition for ReconsiderationAdministrative Law JudgeBest BuyGallaher Bassett ServicesInc.Permanent DisabilityIndustrial InjuriesOrthopedics
References
0
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