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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
Sep 19, 1975

Claim of Alperin v. Great Atlantic & Pacific Tea Co.

The claimant, on March 12, 1971, experienced acute heart failure or insufficiency due to excessive work effort, aggravating a pre-existing heart defect caused by a damaged aortic valve. The Workers' Compensation Board determined that a subsequent operation to replace the defective aortic valve and its sequelae were causally related to this work activity. Appellants contested this finding, arguing a lack of substantial evidence. However, the record contained unequivocal medical testimony confirming that the specific work effort caused the condition to become symptomatic, necessitating the operation to alleviate symptoms. The court affirmed the Board's decision, finding a clear causal link.

Heart ConditionWork-Related InjuryCausationAortic Valve ReplacementMedical TestimonyPre-existing ConditionWorkers' Compensation AppealSurgical NecessityAggravation of Injury
References
1
Case No. MISSING
Regular Panel Decision

Claim of Fonda v. Norton Co.

Claimant suffered serious injuries to his right leg, hip, and spine in February 1988, necessitating two laminectomies for a herniated disc. The employer and its insurer challenged the Workers’ Compensation Board's determination that the claimant's permanent disability resulted solely from his back injury, arguing that a preexisting dormant heart condition contributed. The court affirmed the Board's decision, finding substantial evidence that the claimant's disability was not materially or substantially greater due to the heart condition. The Board's prerogative to resolve conflicting medical opinions was upheld. Furthermore, the court found the employer's argument regarding a contractually based reimbursement claim could not be raised for the first time on appeal, as it was not addressed administratively.

Workers' CompensationBack InjuryPreexisting ConditionHeart ConditionDisabilityLaminectomyCausationMedical EvidenceFactual DisputeAppellate Review
References
2
Case No. ADJ10138674
Regular
Jan 21, 2020

JUAN BARRAGAN vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case involves a correctional officer claiming industrial heart injury. The applicant benefits from a statutory presumption that his heart trouble arose from his employment. While the defense presented a medical opinion suggesting the applicant's heart attack was an exacerbation of a prior condition, the Appeals Board found this evidence insufficient to rebut the presumption. The Board is remanding the case for further medical development to determine if the applicant's work activities were a contributing cause to his current heart condition, placing the burden of proof on the defendant.

Workers Compensation Appeals BoardJuan BarraganNorth Kern State PrisonState Compensation Insurance FundADJ10138674Petition for ReconsiderationFindings and OrderIndustrial InjuryHeart Trouble PresumptionLabor Code section 3212.2
References
6
Case No. ADJ6456347
Regular
Jan 30, 2012

MARK WILLIAMS vs. CITY OF PASADENA

This case involves a police officer claiming industrial injury to his heart due to hypertensive heart disease, a condition he argued was distinct from previously compensated hypertension. The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's decision, finding the claim was not barred by res judicata. The WCAB clarified that while hypertension alone is not considered heart trouble, left ventricular hypertrophy, as diagnosed in the current claim, constitutes a distinct condition. The case is returned to the trial level for further proceedings on other unresolved issues.

res judicatahypertensive heart diseasepolice officerLabor Code section 3212.5heart trouble presumptionleft ventricular hypertrophystipulated awardindustrial injurypermanent disabilityapportionment
References
6
Case No. ADJ2590975 (STK 0190237)
Regular
Sep 12, 2011

RAFAEL DELEON vs. STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board affirmed a prior award granting medical treatment for applicant's diabetes. Despite the defendant's argument that diabetes treatment was for a non-industrial condition, the Board found it necessary to prevent worsening of the applicant's industrially caused heart disease. Medical evaluators concluded that controlling diabetes is an essential component of treating industrial heart conditions, making the treatment compensable. The decision hinges on the principle that treatment for non-industrial conditions is covered when essential to cure or relieve the effects of an industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryHeart ConditionDiabetesGastrointestinal DifficultiesAgreed Medical EvaluatorTreating PhysicianCardiologistMedical TreatmentLabor Code Section 4600
References
9
Case No. MISSING
Regular Panel Decision

Bauer v. Female Academy of the Sacred Heart

This case concerns Keith Bauer, a window cleaner, who was severely injured after falling from a third-story window while working for Environmental Service Systems at the Female Academy of the Sacred Heart. The accident occurred due to a safety hook becoming stuck on a square anchor, which violated Industrial Code standards. The primary legal issues were whether claims under Labor Law § 202 and Labor Law § 240 (1) could coexist, and if Labor Law § 202 imposed strict liability or comparative negligence. The Court of Appeals held that both Labor Law claims can be pursued simultaneously and determined that Labor Law § 202 is a comparative negligence statute, not a strict liability one. The court modified previous rulings by reinstating the plaintiff's Labor Law § 240 (1) claim for further proceedings, while affirming the comparative negligence approach for the Labor Law § 202 claim.

Window Cleaner InjuryLabor LawStrict LiabilityComparative NegligenceSafety AnchorsIndustrial Code ViolationConstruction SafetyThird-Party ActionStatutory InterpretationAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Missionary Sisters of the Sacred Heart, Inc. v. Dowling

This nonpayment proceeding addresses respondents Robert and Jessica Dowling's motion to dismiss, alleging petitioner Missionary Sisters of the Sacred Heart, Inc. failed to comply with the Fair Debt Collection Practices Act (FDCPA). The court examined whether the rent demand and the petition constituted 'communications' under the FDCPA, ultimately concluding they did not violate the Act's provisions in this context. Furthermore, the court determined that even if an FDCPA violation occurred, it would not serve as a defense to the underlying eviction proceeding. The decision also rejected the argument that state law (RPAPL) is preempted by federal FDCPA, finding that the two can be reconciled. Consequently, the court denied the respondents' motion to dismiss in its entirety.

FDCPADebt CollectionNonpayment ProceedingRent DemandMotion to DismissStatutory PenaltiesPreemption DoctrineCreditor-Debtor RelationsSummary EvictionFormal Pleadings
References
22
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. MISSING
Regular Panel Decision
Aug 10, 1992

Gribbon v. Missionary Sisters of Sacred Heart

The Supreme Court, Bronx County, affirmed an order that partially granted Missionary Sisters of the Sacred Heart's (MSSH) motion for summary judgment for common law indemnity against Anderson. MSSH, found liable under Labor Law § 240 for worker injuries, sought indemnification from Anderson due to alleged negligence in failing to provide safe working conditions. Despite an agreement not requiring Anderson to indemnify MSSH, Anderson had named MSSH as an additional insured. The court determined that MSSH's claim was a

Common Law IndemnitySummary JudgmentLabor LawInsurance CoverageThird-Party ClaimSubrogationAdditional InsuredNegligenceWorker InjuriesAppellate Decision
References
4
Case No. ADJ175688 (SAL 0120711) ADJ1958047 (SAL 0105163)
Regular
Sep 03, 2010

BRANDON HILL vs. CITY OF SALINAS, Permissibly Self-Insured, Adjusted by, JT2 INTEGRATED RESOURCES

The Board granted reconsideration to reverse the WCJ's finding of a new cumulative trauma injury to the applicant's heart/cardiovascular system, finding no substantial medical evidence of worsening condition or new injury. The Board denied the applicant's petition for reconsideration, which sought additional permanent disability for the heart condition. The Board also corrected a clerical error, reducing the permanent disability for the back injury from 32% to 22%. Therefore, the applicant was found to have sustained injury only to his back.

Workers' Compensation Appeals BoardCumulative TraumaBack InjuryHeart/Cardiovascular SystemPermanent DisabilityAgreed Medical Examiner (AME)ReconsiderationFindings of FactAwardPolice Officer
References
0
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