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

Case No. ADJ12221657; ADJ13326997
Regular
May 27, 2025

MARIA ALVAREZ vs. POMONA UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Maria Alvarez, an Elementary Campus Supervisor, sustained injuries to her left hand and wrist on October 15, 2018, and allegedly bilateral hands, right wrist, and right thumb due to cumulative trauma from September 1, 2005, through August 1, 2019. The defendant, Pomona Unified School District, filed a Petition for Reconsideration challenging the WCJ's finding of Occupational Code No. 322. The Appeals Board granted the petition solely to amend the February 20, 2025 Joint Findings, Order, and Award to defer the issue of whether applicant has reached maximum medical improvement in both cases, while otherwise affirming the WCJ's decision. The WCJ's determination of Occupational Group Number 322 was upheld, explaining its consistency with the applicant's food service duties, contrasting it with other clerical and professional occupations.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Maximum Medical ImprovementOccupational Group NumberDalen v. Worker's Comp. Appeals Bd.Schedule for Rating Permanent DisabilitiesAMA GuidesSpecific InjuryCumulative Trauma
References
4
Case No. 2023 NY Slip Op 00140 [212 AD3d 974]
Regular Panel Decision
Jan 12, 2023

Matter of Molnar v. JRL S. Hampton, LLC

Claimant John Molnar appealed a Workers' Compensation Board decision which disallowed his claim for occupational bilateral wrists and hands injury. The Board affirmed a Workers' Compensation Law Judge's decision, finding the claim was precluded by collateral estoppel. Molnar had a prior established claim for occupational bilateral carpal tunnel syndrome and a second claim for repetitive-use wrist injury that was disallowed by the Board in August 2020 for lack of causal relationship to employment. The Board determined that the issue of causal link between employment and repetitive-use wrist injury in the instant claim was identical to the issue previously litigated and decided against Molnar, thus applying the doctrine of collateral estoppel to preclude relitigation.

Collateral EstoppelRes JudicataOccupational DiseaseCarpal Tunnel SyndromeRepetitive-Use InjuryWorkers' Compensation BenefitsAppellate ReviewCausal RelationshipBoard DecisionClaim Disallowed
References
7
Case No. MISSING
Regular Panel Decision

Matter of Santiago v. The NY Operators

Claimant sustained a work-related injury to her right hand and subsequently her left wrist, receiving workers' compensation benefits from October 2008 to December 2013. Payments were suspended in December 2013 based on the employer's medical expert opinion that claimant reached maximum medical improvement. A Workers’ Compensation Law Judge (WCLJ) found a 17.5% loss of use of her right hand and 7.5% loss of use of her left hand. The Workers’ Compensation Board rescinded the WCLJ’s decision, restoring the case to the trial calendar for further development of the record, noting that claimant had not been provided an opportunity to present evidence regarding schedule loss of use percentages. Claimant appealed the Board’s failure to determine awards held in abeyance and paid at a tentative rate. The Appellate Division dismissed the appeal, holding that the Board’s decision was interlocutory and did not dispose of all substantive issues, allowing the claimant to appeal any issues upon a final Board decision.

Workers' CompensationSchedule Loss of UseMaximum Medical ImprovementInterlocutory AppealAppellate ProcedureMedical Expert OpinionBoard Decision RescindedTrial CalendarFurther Development of RecordTentative Rate
References
4
Case No. ADJ7902052
Regular
Mar 04, 2014

SHARON TEDFORD vs. SUPERIOR COURT COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case involves a workers' compensation applicant seeking reconsideration of a decision that found injury to her right shoulder, elbow, and hand, resulting in 34% permanent disability. The applicant contended the permanent disability rating was too low and that injury to her right wrist and left shoulder was improperly denied. The Appeals Board granted reconsideration, adopting the WCJ's report to correct a rating calculation error, increasing the permanent disability to 35%. The Board affirmed the denial of injury to the right wrist and left shoulder, finding substantial evidence supported the original determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingIndustrial InjuryAOE/COERight Shoulder InjuryRight Wrist InjuryLeft Shoulder InjuryPermanent Disability Schedule
References
6
Case No. ADJ8935865
Regular
Aug 21, 2014

JOSE ROBLES vs. HORIZON PERSONNEL SERVICES, COMPANION PROPERTY & CASUALTY, administered by CARL WARREN & CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) decision that denied applicant Jose Robles' claim for a wrist injury. The WCAB found that the WCJ erred by giving undue weight to the uncorroborated testimony of a supervisor who did not witness the incident and whose employer lacked personal knowledge of the incident details. Consequently, the WCAB rescinded the WCJ's findings and substituted its own, finding that Robles sustained an industrial injury to his right wrist and hand. One commissioner dissented, asserting the WCJ's credibility determination was based on substantial evidence.

AOE/COEIn pro perPetition for ReconsiderationFindings and OrderWCJApplicant's testimonyHearsay testimonyVideotape evidencePersonal knowledgeReasonable probability
References
11
Case No. 2024 NY Slip Op 00831 [224 AD3d 1051]
Regular Panel Decision
Feb 15, 2024

Matter of Golisano v. ABX Innovative Packaging Solutions LLC

The claimant, Jason R. Golisano, filed for workers' compensation benefits in August 2021 for injuries to his left wrist and hand. A Workers' Compensation Law Judge (WCLJ) established the claim for a left wrist injury. The employer and its carrier (appellants) sought review of this decision by the Workers' Compensation Board, but their application was filed beyond the 30-day limit. The Board denied the application as untimely, and the carrier appealed. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the untimely application, despite the carrier's arguments regarding a short delay and the COVID-19 pandemic.

Workers' CompensationTimelinessApplication for ReviewBoard DiscretionAppellate ReviewCOVID-19Procedural IssueWCLJ DecisionEmployer-Carrier AppealNew York Law
References
4
Case No. 534130
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Trina Yearwood

Claimant Trina Yearwood appealed a Workers' Compensation Board decision disallowing her claim for benefits related to bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge initially established the claim, but the Board reversed it, citing the claimant's failure to disclose a prior 2014 medical treatment for hand problems to her medical providers and the Board. The Appellate Division affirmed the Board's decision, finding that the claimant's omission of relevant medical history prevented medical experts from forming credible opinions on the causal connection between her conditions and employment. The court concluded that the Board's determination was supported by substantial evidence.

Occupational DiseaseCarpal Tunnel SyndromeRepetitive Stress InjuryWorkers' Compensation BenefitsMedical EvidenceCausal ConnectionTreatment History OmissionIndependent Medical ExaminationCredibility of ClaimantAppellate Review
References
12
Case No. 2022 NY Slip Op 06524
Regular Panel Decision
Nov 17, 2022

Matter of Yearwood v. Long Is. Univ.

Claimant Trina Yearwood sought workers' compensation benefits for bilateral wrist, hand, and thumb pain, diagnosed as an occupational disease from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim. However, the Workers' Compensation Board reversed this decision and disallowed the claim because Yearwood failed to disclose a prior 2014 treatment history for hand problems to her treating physician, the IME physician, or the Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that the Board rationally concluded the medical providers lacked sufficient understanding of claimant's complete medical history to proffer a credible opinion on causation, and thus her medical proof was insufficient.

Workers' Compensation BenefitsOccupational DiseaseRepetitive Stress InjuryCarpal Tunnel SyndromeMedical Evidence CredibilityTreatment History NondisclosureCausal ConnectionIndependent Medical ExaminationAppellate ReviewBoard Discretion
References
11
Case No. 533429
Regular Panel Decision
Jun 23, 2022

Matter of Brancato v. New York City Tr. Auth.

Claimant Anthony Brancato, who worked for the New York City Transit Authority for 25 years as a bus mechanic and supervisor, filed a workers' compensation claim for severe pain in his wrists, hands, and thumbs, attributing it to repetitive stress from his job duties. A Workers' Compensation Law Judge determined that he sustained an occupational disease to both hands and thumbs, setting the date of disablement as December 9, 2019. The Workers' Compensation Board affirmed this decision. The Appellate Division, Third Department, further affirmed the Board's decision, finding substantial evidence, including unrefuted medical testimony from his treating physician, Gideon Hedrych, supported the finding of a causally-related occupational disease resulting from repetitive stress.

Occupational DiseaseRepetitive Stress InjuryWorkers' CompensationCausationMedical TestimonyAppellate ReviewBoard Decision AffirmedHand InjuriesThumb InjuriesBus Mechanic
References
10
Case No. 534670
Regular Panel Decision
Jan 12, 2023

In the Matter of the Claim of John Molnar

Claimant John Molnar appealed a decision by the Workers' Compensation Board which disallowed his claim for workers' compensation benefits, alleging an occupational disease of the bilateral wrists and hands. The Board affirmed a Workers' Compensation Law Judge's finding that the instant claim was an attempt to relitigate a previously disallowed claim from August 2020. This prior claim also involved a repetitive-use injury to his bilateral wrists, where the Board found a lack of evidence for a causal link to his employment. The Appellate Division, Third Judicial Department, affirmed the Board's decision, ruling that the doctrine of collateral estoppel precluded relitigation of the identical issue concerning the causal relationship between Molnar's employment and his alleged repetitive-use injury.

Occupational DiseaseBilateral Wrist InjuriesCarpal Tunnel SyndromeRepetitive Use InjuryCollateral EstoppelRes JudicataClaim DisallowanceWorkers' Compensation AppealCausal RelationshipPrior Litigation
References
6
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