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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

Mitchell v. New York City Transit Authority

A bus driver sought workers’ compensation benefits for a herniated lumbar disk, attributing it to 22 years of operating buses. The Workers’ Compensation Board denied his claim, ruling he did not sustain an occupational disease arising from employment. Although his neurosurgeon's note linked the condition to employment, the neurosurgeon later declined to definitively establish causality. The Board found the medical proof insufficient. The appellate court affirmed the Board’s decision, finding its conclusion supported by the record.

occupational diseasecausal relationshipmedical evidenceWorkers' Compensation Boardbus driverlower back painherniated lumbar diskneurosurgeonwitness credibilityappellate review
References
4
Case No. MISSING
Regular Panel Decision
Nov 29, 1979

Claim of Wolf v. Exxon Corp.

The Workers' Compensation Board found that the claimant sustained an accidental injury arising out of and in the course of employment on November 5, 1975, after lifting two projectors and a screen, which led to a diagnosis of a herniated disc at L4-L5. The board also excused the statutory written notice requirement, citing an unwitnessed accident, prompt medical attention, and no prejudice to the self-insured employer, who had timely knowledge of the claimant’s hospitalization. The court affirmed the board's decision, concluding that it was supported by substantial evidence in all respects.

back painherniated discL4-L5accidental injurycourse of employmentstatutory notice excusedunwitnessed accidentprompt medical attentionself-insured employersubstantial evidence
References
0
Case No. MISSING
Regular Panel Decision
Jun 23, 1978

Keefer v. Norton Co.

This case involves an appeal from a decision by the Workers’ Compensation Board. The Board found that the claimant suffered an occupational disease, specifically a herniated disc, due to repetitive lifting of heavy belts during employment. The Board determined that the employment acted upon the claimant's condition to cause a disability that previously did not exist, referencing Perez v. Pearl-Wich Co. The appellate court affirmed the Board's decision, concluding that it was supported by substantial evidence. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

Occupational DiseaseHerniated DiscRepetitive LiftingWorkers' Compensation BoardAppellate ReviewDisability CausationSubstantial EvidenceBoard Decision AffirmedEmployment-Related Injury
References
3
Case No. ADJ9623223
Regular
Aug 04, 2015

KORI HARDING vs. ABM INDUSTRIES

The Workers' Compensation Appeals Board affirmed a finding that an applicant was entitled to a chiropractic QME panel. The Board found the defendant's objection and request for an orthopedic QME panel did not comply with Rule 31.5(10) as the Medical Unit did not determine the initial specialty was "medically or otherwise inappropriate for the disputed medical issue(s)." Newly discovered evidence of disc herniation was deemed insufficient to change this outcome, as the initial determination was flawed. The WCAB affirmed the original award directing use of the chiropractic QME panel.

Workers' Compensation Appeals BoardQualified Medical EvaluatorQME PanelMedical UnitPrimary Treating PhysicianChiropractic CareOrthopedicsRule 31.5(10)Industrial InjuryReplacement Panel
References
3
Case No. ADJ450513 (GOL 0098571)
Regular
Mar 11, 2011

MONICA LEDESMA vs. FIRESTONE VINEYARD, STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration of the WCJ's award, finding the physician's permanent disability opinion lacked substantial evidence. Specifically, Dr. Scheinberg failed to adequately explain his shift in impairment rating from Category II to Table 6-9, which addresses herniation, without providing sufficient justification. Consequently, the Board rescinded the award and returned the case to the trial level for further proceedings to ensure the decision is based on substantial medical evidence. The WCJ may also address the defendant's other contentions, including temporary disability offset.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineSleep DisorderTemporary DisabilityPermanent DisabilitySubstantial EvidenceAMA Guides
References
2
Case No. MISSING
Regular Panel Decision

Claim of Messina v. Speranza

The case involves an appeal regarding a claimant's refusal to undergo further back surgery after an initial unsuccessful operation for a herniated disc, leading to permanent disability. The Administrative Law Judge initially discontinued benefits, but the Workers’ Compensation Board reversed, finding the refusal reasonable based on medical testimony detailing the risks and lack of guarantee of success. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant's refusal was not unreasonable, considering his prior surgical experiences and the potential for worsened condition or paralysis.

Back InjuryHerniated DiscRefusal of SurgeryReasonableness of RefusalPermanent DisabilityMedical OpinionAppellate ReviewWorkers' Compensation BoardSubstantial EvidenceSurgical Complications
References
3
Case No. MISSING
Regular Panel Decision

Claim of Marotta v. Town & Country Electric, Inc.

The claimant, an electrician, was injured on March 14, 2005, while stopping for coffee en route to a job site, suffering herniated disks. A Workers’ Compensation Law Judge initially awarded benefits, but the Workers’ Compensation Board reversed, deeming the coffee stop a deviation from employment. On appeal, the court found insufficient evidence to support the Board's conclusion that the claimant’s brief, customary stop constituted a deviation. The court ruled that such a momentary break did not interrupt employment, and therefore, the injury arose out of and in the course of employment, reversing the Board's decision and remitting the case for further proceedings.

Workers' Compensation BenefitsCourse of EmploymentArising Out of EmploymentPersonal Pursuit DoctrineMomentary DeviationCoffee Break InjuryHerniated DisksAppellate ReviewBoard Decision ReversalRemitted Case
References
12
Case No. MISSING
Regular Panel Decision
Aug 05, 1997

Claim of Bates v. Marine Midland Bank

The claimant, a bank recovery adjuster, developed a herniated disc as a result of cradling a telephone with his neck while working at a computer terminal. The Workers’ Compensation Board initially determined that this was a causally related occupational disease and awarded benefits. The employer and its workers’ compensation insurance carrier appealed this decision. The court reversed the Board's decision, concluding that the claimant's condition was caused by the specific configuration of his work space and equipment use, rather than a distinctive or unique feature of his occupation. Consequently, the claimant failed to establish that he suffered from an occupational disease, and the case was remitted to the Workers’ Compensation Board for further proceedings.

Workers' CompensationOccupational DiseaseHerniated DiscBank Recovery AdjusterWorkplace ErgonomicsCausationAppealWorkers' Compensation BoardSubstantial EvidenceRepetitive Strain Injury
References
7
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Shady Lawn Home for Adults

Claimant, a licensed practical nurse, sustained a herniated disc on May 6, 1974, while working at Shady Lawn Home for Adults. She reported the injury and filed a claim for compensation. The referee found a compensable injury and employer notice, which the Workers’ Compensation Board affirmed, also upholding the right to make continuing awards. Appellants challenged the medical evidence and the Board's jurisdiction on appeal. The Appellate Division affirmed the Board’s decisions, finding substantial evidence for causal relation and confirming the Board's authority to grant awards, while deeming the notice issue unpreserved for review.

Workers' CompensationHerniated DiscCausal RelationshipNotice of InjuryAppellate ReviewSufficiency of EvidenceContinuing AwardsBoard JurisdictionEmployer LiabilityMedical Testimony
References
7
Case No. MISSING
Regular Panel Decision

Claim of Monroe v. Town of Chester

Claimant, a highway department mechanic, suffered a back injury on April 18, 1997, exacerbating a pre-existing disc herniation. After surgery and initial benefits, his condition led to disability retirement. The employer challenged the benefits, alleging fraud, seeking apportionment, and disputing the causal relationship of the surgery to the accident. The Workers’ Compensation Board found against the employer on all points, determining no fraud, no voluntary withdrawal from the labor market, and no apportionment. The Board's decisions from February 9, 2005, March 17, 2006, and May 8, 2006, were appealed by the employer. The Appellate Division affirmed the Board's rulings.

Back InjuryWorkers' Compensation LawPre-existing ConditionCausationApportionmentDisability RetirementMedical ExaminationFraud AllegationVoluntary WithdrawalLumbar Laminectomy
References
9
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