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

Case No. MISSING

Regular Panel Decision

Claim of Washington v. New York City Department of Buildings

The case involves an appeal concerning a claimant's right knee injury, initially sustained in a 1999 fall while working for the New York City Department of Buildings. After an initial workers' compensation claim, the claimant filed a second claim in 2001 for a pseudo-meniscal cyst in the same knee. While a Workers’ Compensation Law Judge deemed it a new injury, the Workers’ Compensation Board reversed, finding the cyst causally related to the 1999 incident. This court affirmed the Board's amended decision, relying on an impartial orthopedic surgeon's testimony that the cyst developed from either synovial fluid leakage post-1999 surgeries or a degenerating meniscus tear, not a secondary injury.

Knee injuryWorkers' CompensationCausationMedical evidenceSynovial cystMeniscus tearBoard decisionAppealOrthopedic surgeonPrior injury

References

Case No. ADJ11027267

Regular

Feb 03, 2023

LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

This case involves an injured tile setter, Luis Rosales, who claimed lumbar radiculopathy stemming from an admitted industrial lumbar contusion. The Workers' Compensation Appeals Board denied reconsideration of a prior order, upholding a finding of 0% permanent disability. This decision was based on the Qualified Medical Examiner's (QME) reports, which the Board found to be substantial evidence. The Board specifically rejected the applicant's argument that the QME's opinions were inconsistent, clarifying that the QME found the sacral cyst unrelated to the lumbar contusion, not that the symptoms were unrelated to the cyst.

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability

References

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Claim of Washington v. New York City Department of Buildings

Knee injuryWorkers' CompensationCausationMedical evidenceSynovial cystMeniscus tearBoard decisionAppealOrthopedic surgeonPrior injury

LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability