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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
Dec 13, 1979

In re the Claim of D'Amore v. Town of Hempstead

A claimant appealed a decision from the Workers’ Compensation Board regarding injuries sustained during employment. The claimant was injured by a falling heater, striking his head, right big toe, and leg, leading to subsequent ulceration, gangrene, and amputations of the toe and leg. Although initial medical reports only noted a head injury, later testimony from the claimant and medical experts, Dr. Grauer and Dr. Ahmad, established the link between the workplace accident and the toe and leg injuries. The Board found the injuries causally related. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the findings.

AmputationGangreneUlcerationToe injuryLeg injuryHead injuryWorkplace accidentCredibilitySubstantial evidenceWorkers' Compensation
References
1
Case No. ADJ9799720
Regular
Jan 29, 2016

HOWARD GARNER vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a transcription error, amending the findings to reflect an injury to the applicant's left "little" toe instead of the left "middle" toe. The applicant's petition for reconsideration was denied, as the Board found no evidence to support claims of injury to his hand, hip, or a deformed left little toe, and the medical examiner did examine the relevant body part. The decision affirmed the findings of no permanent disability or need for further treatment for the left little toe.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerPanel Qualified Medical ExaminerTranscription ErrorLeft Little ToePermanent Partial DisabilityFurther Medical TreatmentDepartment of Corrections and Rehabilitation
References
0
Case No. MISSING
Regular Panel Decision
Oct 25, 1985

Ham v. Rumsey Sheet Metal, Inc.

In September 1980, the claimant's decedent injured his right great toe at work. He sought medical attention in September 1981 for a persistent infection, which was later diagnosed as malignant melanoma. Despite the amputation of his toe, the carcinoma metastasized, leading to his death in May 1982. The Workers’ Compensation Board awarded death benefits, and the carrier appealed, citing lack of causal relationship and improper notice of injury. The court affirmed the Board's decision, finding substantial evidence to support the causal relationship and concluding that the employer had actual notice of the injury.

Workers' CompensationDeath BenefitsMalignant MelanomaTraumaCausal RelationshipNotice of InjuryMedical EvidencePreexisting ConditionAggravationAmputation
References
5
Case No. ADJ6814665
Regular
Oct 29, 2010

JULIO GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's (WCJ) findings. The WCJ determined the applicant sustained admitted industrial injury to his left knee and non-admitted industrial injury to his right second toe, resulting in 25% permanent disability. The WCJ found the right second toe injury industrial based on hospital records indicating a fracture, despite the Agreed Medical Evaluator's (AME) opinion that it was not industrial. The defendant also challenged the attorney's fee, but the Board found they lacked standing.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings Award and OrdersIndustrial InjuryPermanent DisabilityAgreed Medical EvaluatorOrthopedistCausationRancho Los Amigos Hospital Records
References
7
Case No. LAO 829404, LAO 815773
Regular
Jul 20, 2007

LOLONDRA McCOY vs. AVIATION SAFEGUARDS aka COMMAND SECURITY, KEMPER GROUP

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award of vocational rehabilitation benefits. The Board found no substantial evidence to support the applicant's claim that her diabetes, left leg amputation, or right toe amputation were industrially caused, despite the treating physician's opinion. The case was remanded to the trial level for further proceedings to clarify industrial causation for the specific body parts claimed as injured.

Vocational RehabilitationIndustrial CausationDiabetesAmputationQMETreating DoctorCompromise and ReleaseThomas FindingContinuous TraumaLabor Code section 5908.5
References
3
Case No. MON 297119
Regular
Apr 01, 2008

EDMUND BURNS, Jr. vs. CITY OF LOS ANGELES

This case concerns a police officer who sustained an industrial injury to his right foot after stepping on a foreign object, which, due to his pre-existing diabetes, led to a gangrenous infection and amputation. The defendant argued for apportionment of the permanent disability to the applicant's diabetes, but the Appeals Board affirmed the WCJ's decision. The medical evidence indicated that the amputation would not have occurred absent the industrial injury, thus establishing industrial causation for the entire permanent disability.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentPre-existing DiabetesCausationEscobedo v. MarshallsSenate Bill 899Qualified Medical ExaminerTreating Physician
References
8
Case No. ADJ1728931
Regular
Apr 28, 2011

GEORGE PARGA vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS FRESNO

This case involved an applicant, George Parga, who suffered an industrial injury to his right big toe and knee while employed as a police officer. The initial award apportioned 9% permanent disability, attributing half to pre-existing diabetes. The Appeals Board granted reconsideration, finding the medical expert's apportionment opinion lacked substantial evidence as diabetes did not cause disability at the time of evaluation. Consequently, the Board awarded an unapportioned 18% permanent disability.

Workers' Compensation Appeals BoardGeorge PargaCity of FresnoAmerican All Risk Loss FresnoOpinion and Order Granting ReconsiderationDecision After ReconsiderationPolice OfficerIndustrial InjuryRight Big ToeRight Knee
References
2
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. ADJ3341513 (VNO 0517589) ADJ4150961 (VNO 0517583)
Regular
Sep 08, 2009

Jeannie Lefevre vs. TRW, INC., CONTINENTAL CASUALTY CO., CNA CLAIMS PLUS-PORTLAND

The Workers' Compensation Appeals Board denied Jeannie Lefevre's petition for reconsideration, upholding a judge's decision that her admitted left great toe injury did not cause subsequent injuries to her ankles, heels, knees, hips, or back, nor a cumulative trauma injury. The Board found Dr. Kornblum's opinion, which cited Lefevre's extensive pre-existing foot issues, was more persuasive than Dr. Capen's. Defendant's petition for reconsideration was dismissed as the issues raised were subsequently corrected by an Amended Findings and Award, from which they failed to seek further reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCumulative TraumaApportionmentMedical EvidencePermanent DisabilityTemporary Disability IndemnityAmended Findings and AwardQualified Medical Evaluator
References
4
Case No. ADJ11602449
Regular
Apr 01, 2020

PAUL PENNINGTON vs. WALMART STORE, INC.

This case involves an applicant who sustained left knee and right great toe injuries while employed by Walmart. The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding permanent disability. The Board found that the WCJ improperly made his own apportionment determination instead of relying on the QME's opinion, which was deemed substantial medical evidence. Consequently, the Board amended the award to reflect 37% permanent partial disability, increasing the applicant's indemnity and adjusting the attorney's fee accordingly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical ExaminerAMA GuidesWhole Person ImpairmentSubstantial EvidenceMedical OpinionCausation
References
0
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