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

Case No. ADJ4234150 (SRO 0140257), ADJ1167624 (SRO 0139040), ADJ6595882 (NO WCAB No.)
Regular
May 06, 2009

FRANCES OTANI vs. EXCHANGE BANK, STATE COMPENSATION INSURANCE FUND, CIGA, adjusted by BROADSPIRE, on behalf of SUPERIOR NATIONAL INSURANCE COMPANY and LEGION INSURANCE COMPANY, in liquidation

This case involves CIGA seeking reconsideration of a Workers' Compensation Appeals Board decision that found an applicant sustained three cumulative trauma injuries. The WCJ awarded permanent disability for upper extremity injuries through March 15, 2000, and April 19, 2001, and for neck injuries through August 20, 2002. CIGA argued the WCJ erred by selecting specific findings from medical reports and by awarding attorney fees against them. The Board denied reconsideration, affirming the WCJ's findings on the dates of injury based on physician reports and the applicant's disability.

CIGAcumulative traumadate of injurypermanent disabilitytemporary disabilityLabor Code 5412medical reportsprimary treating physicianreconsiderationjoint findings award order
References
4
Case No. ADJ1850700 (SBA 0078657)
Regular
Jan 14, 2014

GERARDO MARTINEZ vs. KITSON NURSERY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Administered by BROADSPIRE CLAIM SERVICES, In liquidation

The Workers' Compensation Appeals Board denied reconsideration, affirming the denial of death benefits. The claim was barred by Labor Code section 5406's 240-week limitation period because the employee died over 20 years after the date of his specific industrial injury. Although the death allegedly resulted from medications taken for the injury, under the "compensable consequences" doctrine, this is considered a continuation of the original injury, not a new one. Therefore, the date of injury remained the original specific injury date, exceeding the statutory timeframe.

WCABPetition for ReconsiderationLabor Code Section 5406240-week periodqualifying conditiondeath benefitsadult dependenttollingminor dependentdate of injury
References
14
Case No. 531438
Regular Panel Decision
Feb 18, 2021

Matter of Chrostowski v. Pinnacle Envtl. Corp.

Claimant Miroslaw Chrostowski, an asbestos handler, appealed a Workers' Compensation Board decision that found his claim for benefits for repetitive stress injuries to be time-barred. The Board had set the date of disablement as March 17, 2009, based on a medical report by Laura Bienenfeld. The Appellate Division, Third Department, reversed this decision, ruling that the Board's determination of the disablement date was not supported by substantial evidence. The court noted that the relied-upon March 17, 2009 medical report did not address all of the claimant's alleged injuries, specifically his shoulder and knee, making it insufficient to establish the disablement date for all claims. The matter was remitted to the Board for further proceedings consistent with the court's decision.

Workers' Compensation BenefitsOccupational DiseaseTime Barred ClaimDate of DisablementRepetitive Stress InjuryAsbestos ExposureWorld Trade Center SiteMedical EvidenceSubstantial Evidence ReviewAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Guijarro v. V.R.H. Construction Corp.

Ernesto Guijarro, an employee of Guaranteed Clean Air, Inc., sustained injuries from a 13-foot fall from a scaffold during a renovation project at John F. Kennedy International Airport. He and his wife subsequently filed a personal injury lawsuit against V.R.H. Construction Corp., Delta Airlines, Inc., and Port Authority of New York & New Jersey. In turn, these entities, collectively referred to as the respondents, initiated a third-party action against Guaranteed Clean Air, Inc. for contractual indemnification. Guaranteed moved for summary judgment to dismiss the third-party complaint, citing Workers' Compensation Law § 11, which bars such actions unless there is a 'grave injury' or a written indemnification contract executed prior to the accident. The Supreme Court denied this motion, but the appellate court reversed the decision. The appellate court ruled that because the indemnification contract was not entered into before the accident, as explicitly required by Workers' Compensation Law § 11, Guaranteed's motion for summary judgment should have been granted, and the third-party complaint was dismissed.

Personal InjuryThird-Party ActionSummary JudgmentIndemnification ContractWorkers' Compensation LawAsbestos AbatementConstruction AccidentScaffold FallGrave InjuryContractual Indemnity
References
5
Case No. MISSING
Regular Panel Decision

Claim of Gude v. Elm Coated Fabrics Div. of W. R. Grace Co.

This case concerns an appeal from a Workers’ Compensation Board decision regarding an occupational disease claim. The claimant, employed by Elm Coated Fabrics, developed pulmonary fibrosis and emphysema due to workplace exposure. The central issue was determining the date of disablement to establish liability between two insurance carriers: Maryland Casualty Co. (carrier on initial diagnosis, March 20, 1973) and CNA Insurance Company (carrier on total disablement, August 24, 1973). The Board, affirmed by a referee, set the date of disablement as March 20, 1973, holding Maryland liable and requiring reimbursement to CNA. The employer and Maryland appealed, but the appellate court affirmed the Board's decision, citing substantial medical evidence and precedent supporting the earlier date.

Occupational DiseaseDate of DisablementPulmonary FibrosisEmphysemaCarrier LiabilityMedical Treatment DateWorkers' Compensation Board AppealSubstantial EvidenceReimbursementInsurance Coverage Dispute
References
5
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Case No. MISSING
Regular Panel Decision
Dec 09, 2009

Claim of Klamka v. Consolidated Edison Co. of New York, Inc.

Claimant sought workers' compensation benefits for a back injury sustained while lifting manhole covers during the course of employment. The self-insured employer and its claims administrator controverted the claim. A Workers' Compensation Law Judge credited claimant's testimony, and the Workers' Compensation Board found a work-related injury, modifying the date of accident to March 30, 2008. The employer appealed this decision. The court affirmed the Board's decision, finding substantial evidence for both the work-related injury and the accident date, noting that the precise date of injury was not dispositive.

Workers' CompensationBack InjuryWork-Related InjuryAccident Date DisputeSubstantial EvidenceCredibility DeterminationsMedical EvidenceMRI FindingsAppellate ReviewEmployer Appeal
References
4
Case No. MISSING
Regular Panel Decision

Claim of Guifarro v. Zalman, Reiss & Associates

Claimant, a warehouse employee and delivery person, filed for workers' compensation benefits in March 2004, claiming a back injury from repetitive lifting on June 24, 2002. His physician's C-4 form corroborated the injury date, stating it occurred while lifting a heavy air conditioning unit. The employer and its carrier controverted the claim, asserting it was time-barred by the two-year statute of limitations under Workers' Compensation Law § 28, alleging an earlier injury date. However, the Workers' Compensation Law Judge established a work-related back injury with a June 24, 2002 accident date, which the Workers' Compensation Board subsequently affirmed. This appellate court found substantial evidence in the record to support the Board's decision, emphasizing the consistent reporting by the claimant and his physician, and the carrier's failure to provide concrete evidence for an earlier injury. Consequently, the Board's decision was affirmed.

Accidental InjuryRepetitive LiftingBack PainStatute of LimitationsAppellate ReviewSubstantial EvidenceCredibility DeterminationMedical EvidenceEmployer LiabilityCarrier Dispute
References
4
Case No. ADJ9974849, ADJ8945012
Regular
Feb 14, 2020

Richard Porta vs. Surewest Communications, American Casualty Company, CNA Claims Plus

The Workers' Compensation Appeals Board rescinded prior findings, returning the case to the trial level for further proceedings. The Board found that the Applicant sustained a single continuous cumulative injury to his shoulders through his last date of employment, March 26, 2013, rather than separate injuries as previously determined. The date of injury was established as September 27, 2014, when the Applicant gained knowledge of the work-related nature of his disability. Based on Labor Code section 5500.5, liability is limited to the employer during the year preceding the last date of injurious exposure, meaning the defendant American Casualty Company may not be liable.

cumulative traumashoulder injuryupper extremityhip injuryADP technicianmedical opinionAMEWPI apportionmentdate of injuryLabor Code Section 5500.5
References
0
Case No. ADJ1510738 (SJO 0251902)
Regular
Feb 13, 2009

XXZZX SJO2 vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a Subsequent Injuries Benefits Trust Fund (SIF) petition to reconsider an untimely dismissal of their initial petition. The SIF argued their petition was timely filed but not date-stamped due to clerk training. The Appeals Board rescinded the dismissal and addressed the merits of the SIF's original petition. The core issue was the interpretation of Labor Code section 4659(c) regarding the commencement of annual increases to permanent total disability indemnity for injuries occurring on or after January 1, 2003. The Board affirmed the finding that these increases begin on January 1 following the date of injury, not from the date of the first payment, to protect injured workers from inflation.

Subsequent Injuries Benefits Trust FundPetition for Reconsiderationuntimely filedFindings and Awardindustrial injurypre-existing disabilitypermanent disabilityLabor Code section 4659life pensiontotal permanent disability indemnity
References
0
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