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Case Law Database

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

Case No. ADJ4100246
Regular
Sep 06, 2011

VALERIE AYERS vs. LOS ANGELES DEPARTMENT OF WATER AND POWER

This case involves Valerie Ayers claiming industrial injury due to mold exposure. The Appeals Board granted reconsideration, rescinded the initial decision, and returned the matter for further proceedings. Specifically, the Agreed Medical Evaluator, Dr. Reynolds, must review industrial hygienist testimony and air quality reports, issue a supplemental report, and allow for depositions and the submission of prior reports into evidence. The Board also granted removal on its own motion to consider the defendant's response regarding procedural points.

Workers' Compensation Appeals BoardReconsiderationAgreed Medical EvaluatorIndustrial HygienistAir QualityMold ExposureTrial TestimonySupplemental ReportDepositionRemoval
References
1
Case No. ADJ8725399 ADJ8725400
Regular
Feb 15, 2019

WENDY YFFERT vs. WILLIAM D. RAWLINGS, DDS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of 100% permanent disability for the applicant's cumulative trauma injury. The applicant, a dental hygienist, suffered injuries to her lumbar spine and other body parts, and the Board found these injuries rendered her totally disabled. The defendant argued for apportionment of disability based on medical opinions regarding internal and psychiatric conditions, but the Board concluded apportionment was unnecessary as the lumbar spine injury alone caused total disability. The WCJ's report, adopted by the Board, adequately addressed the defendant's contentions.

Permanent disabilityapportionmentcumulative traumaAgreed Medical Examiner (AME)orthopedic injurypsychiatric injuryinternal medicinedeposition testimonyvocational expertJoint Findings and Award
References
1
Case No. 2003 NY Slip Op 23895
Regular Panel Decision
Nov 13, 2003

Matter of Seventh Jud. Dist. Asbestos Litigation.

Plaintiff Constance F. Polito, as executrix for Salvatore T. Polito, brought an action against several defendants, including Anchor Packing Company and major auto manufacturers, alleging that Mr. Polito's mesothelioma resulted from asbestos exposure from brake products. The case involved multiple motions in limine from the defendants seeking to exclude various types of evidence. The Supreme Court, Monroe County, denied motions to preclude evidence related to workers' compensation claims, plant conditions, and nonparty scientific documents, finding them potentially relevant. However, the court granted the motion to exclude the deposition testimony and affidavit of industrial hygienist Ralph A. Froehlich, deeming it inadmissible hearsay.

Asbestos LitigationMotions In LimineExpert TestimonyHearsay EvidenceWorkers' Compensation ClaimsPlant ConditionsScientific ReportsProduct LiabilityBrake ProductsMesothelioma
References
11
Case No. 2025 NY Slip Op 03910 [239 AD3d 1454]
Regular Panel Decision
Jun 27, 2025

Matter of Davis (State of New York Off. of Mental Health)

Kristin Davis, a dental hygienist, was terminated by the State of New York Office of Mental Health for non-compliance with a COVID-19 vaccine mandate after her request for a reasonable accommodation was denied. An arbitrator upheld her termination, citing limited jurisdiction over accommodation denials. The Supreme Court, Erie County, subsequently vacated the arbitration award, deeming it against public policy and irrational, and ordered Davis's reinstatement. On appeal, the Appellate Division, Fourth Department, reversed the Supreme Court's order, affirming the arbitrator's decision. The Appellate Division clarified the limited scope of judicial review for arbitration awards, stating the lower court erred in vacating the award based on public policy or irrationality, and ultimately confirmed the arbitration award.

Arbitration AwardPublic PolicyCOVID-19 Vaccine MandateTermination of EmploymentReasonable AccommodationCPLR Article 75Judicial Review of ArbitrationCollective Bargaining AgreementMisconductAppellate Review
References
9
Case No. 2023 NY Slip Op 05796
Regular Panel Decision
Nov 16, 2023

Sason v. Dykes Lbr. Co., Inc.

Plaintiff Raphael Sason alleged that his deceased brother's mesothelioma resulted from asbestos exposure caused by Durham Rock Hard putty, a product obtained from defendant Dykes Lumber Company, Inc., among other suppliers. Dykes Lumber moved for summary judgment, asserting a lack of specific causation based on an expert's affidavit that calculated the decedent's asbestos exposure to be within ambient air levels. In opposition, plaintiff presented affidavits from a medical expert and an industrial hygienist whose reports, relying on simulation studies, concluded that the decedent's work created toxic concentrations of asbestos fibers exceeding known causative levels for mesothelioma. The Supreme Court denied the motion, recognizing a factual dispute regarding causation, and the Appellate Division, First Department, unanimously affirmed this decision.

MesotheliomaAsbestos ExposureSummary Judgment MotionCausation EvidenceExpert TestimonyIndustrial HygienistMedical Expert OpinionAppellate AffirmationToxic TortsProduct Liability
References
6
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