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

Case No. ADJ1991870
Regular
Sep 07, 2010

TOM DRENNAN vs. SUPERIOR INSPECTION SERVICES, FIREMAN'S FUND INSURANCE COMPANY

This case involves an employer's petition for reconsideration of a WCJ's award finding industrial injury to the applicant's left knee, both hips, and gastrointestinal system as consequential to an admitted right knee injury. The defendant argues that a prior 2005 WCJ decision denying consequential injury to the left knee and hips is res judicata. The Appeals Board granted reconsideration, amending the award to remove the left knee and hip injuries, holding that the 2005 decision was final and the five-year time limit to reopen under Labor Code sections 5410 and 5804 had passed. The finding of consequential injury to the gastrointestinal system and 29% permanent disability remain affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable ConsequencesRes JudicataIndustrial InjuryLeft KneeHipsGastrointestinal SystemPermanent Disability
References
2
Case No. 529417
Regular Panel Decision
Feb 06, 2020

Matter of Johnson v. City of New York

Thomas Johnson, a patient care technician, sustained work-related knee injuries in a February 2006 fall. He subsequently sustained additional work-related injuries in November 2009 to his neck, back, shoulder, and hips, for which he received schedule loss of use (SLU) awards for his right arm, left leg, and right leg. The Workers' Compensation Board later ruled on the permanency of his 2006 injuries, finding an 80% SLU for his left leg and a 40% SLU for his right leg. However, the Board reduced these new awards by his previously received SLU awards for the 2009 injuries, resulting in a final 30% SLU for his left leg and a 0% SLU for his right leg. The Appellate Division affirmed the Board's decision, confirming that SLU awards for the knee and hip are encompassed within leg awards, and prior leg SLU awards must be deducted from subsequent leg SLU awards.

Schedule Loss of UseKnee InjuriesHip InjuriesLeg ImpairmentPrior SLU Award DeductionAppellate Division ReviewIndependent Medical ExaminationTreating Physician ReportPermanent Impairment GuidelinesWork-related Accident
References
9
Case No. MISSING
Regular Panel Decision

Claim of Wallace v. Oswego Wire, Inc.

The Workers' Compensation Board affirmed a decision finding a claimant's left hand injury consequentially related to a prior right knee injury. While recuperating from a work-related right knee injury, the claimant's knee gave out, causing him to cut his left hand with a table saw. The employer and its carrier appealed, arguing the claimant's conduct was an intervening act. The court, led by Peters, J., affirmed the Board’s determination, finding substantial evidence that using the table saw, despite the knee condition, was not an unreasonable intervening cause, as prior buckling was infrequent. Judges Crew III, Carpinello, Lahtinen, and Kane concurred with the decision.

Workers' CompensationConsequential InjuryIntervening CauseRight Knee InjuryLeft Hand InjuryTable Saw AccidentCausationAppellate ReviewBoard DecisionFactual Issue
References
4
Case No. 525196
Regular Panel Decision
Apr 26, 2018

Matter of Derouchie v. Massena W. Wc Smelter

Claimant Gerry J. Derouchie sustained injuries on February 18, 2015, including to his right knee and left hip, after stepping into a pothole on his employer's premises. He filed for workers' compensation benefits, and his case was established for multiple injuries. Having prior injuries and surgeries, claimant sought authorization for total right knee and left hip replacement surgeries, which the employer and carrier denied. A Workers' Compensation Law Judge (WCLJ) granted the authorization, and the Workers' Compensation Board affirmed, finding a causal relationship between the February 2015 accident and the need for surgeries. The Appellate Division, Third Department, affirmed the Board's decision, citing substantial evidence and deference to the Board's assessment of medical witness credibility.

Workers' Compensation BenefitsCausal RelationshipKnee Replacement SurgeryHip Replacement SurgeryPreexisting ConditionsAggravation of InjuryMedical AuthorizationSubstantial EvidenceCredibility AssessmentAppellate Review
References
10
Case No. 2019 NY Slip Op 05820
Regular Panel Decision
Jul 25, 2019

Matter of Ellis v. First Student, Inc.

Claimant, Kevin Ellis, a school bus driver, sustained work-related injuries in November 2014 when struck by a vehicle. His initial claim for workers' compensation benefits was established for injuries to his back, left hip, and left knee. The Workers' Compensation Board later amended the claim to include causally-related injuries to his right knee and right shoulder, based on medical evidence and testimony. The employer and its carrier appealed this decision. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence to support the Board's determination that the injuries to the right knee and right shoulder were causally related to the work accident, crediting the testimony of orthopedist Charles Peralo over the conflicting opinion of physician Harvey Siegel.

Workers' CompensationCausally Related InjuryRight KneeRight ShoulderSchool Bus DriverSubstantial EvidenceMedical TestimonyCredibilityAppellate ReviewAmendment of Claim
References
13
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision
Feb 01, 1978

Claim of Goss v. Hornblower & Weeks

Claimant, a stockbroker, sustained a compensable left knee injury in 1974, leading to surgery and a 10% schedule loss award. Subsequently, the claimant sought to have a right knee injury, sustained in 1975 after being struck by a bicycle while en route to a medical examination for his left knee, deemed a consequential injury. While the referee initially found the right knee injury compensable, the Workers' Compensation Board reversed this decision, concluding that the evidence did not establish a direct and natural link between the industrial left knee injury and the subsequent right knee injury. The appellate court affirmed the Board's determination, citing substantial evidence in the record to support the disallowance of the claim.

Workers' CompensationKnee InjuryConsequential InjurySchedule LossBoard ReversalAffirmationStockbrokerAccidentMedical ExaminationAppellate Review
References
1
Case No. ADJ8042940
Regular
May 15, 2015

, Victor Moran, vs. , J.B. Hunt Transportation Services; Liberty Mutual Insurance Company,

The Workers' Compensation Appeals Board granted reconsideration to amend the temporary disability end date to May 9, 2013, and to remove findings of injury to the applicant's bilateral knees due to insufficient medical evidence. The Board affirmed the original award for injury to the applicant's left shoulder, low back, neck, and left hip. Defendant's claim for credit for overpaid temporary disability benefits was denied as it was not raised during the original proceedings. A dissenting opinion argued for retaining the finding of injury to the knees, noting applicant's complaints, despite lack of permanent disability.

WCABPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityCredit for OverpaymentSubstantial EvidenceTreating PhysicianSubpoenaed RecordsDissenting Opinion
References
6
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
5
Case No. CV-23-1229
Regular Panel Decision
Dec 12, 2024

In the Matter of the Claim of Percival Webster

Percival Webster, the claimant, sustained a work-related right knee injury in April 2018, leading to a 50% schedule loss of use (SLU) award for his right leg. In March 2020, while working as a correction officer, he incurred a compensable right hip injury. Following conflicting medical evaluations by Dr. John Ioia and Dr. Adam Soyer regarding the SLU attributable to the hip injury, a Workers' Compensation Law Judge (WCLJ) credited Dr. Ioia's testimony and awarded a 50% SLU for the right leg based solely on the hip injury. The employer's carrier appealed, arguing for an offset against the prior knee injury award under Matter of Genduso. However, citing Matter of Johnson, the Workers' Compensation Board affirmed the WCLJ's decision, finding that the claimant sufficiently demonstrated the hip and knee injuries were separate pathologies. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that Workers' Compensation Law § 15 (7) allows for multiple SLU awards for successive injuries to the same body member if an increased loss of use from the subsequent injury is proven.

Schedule Loss of UseRight Leg InjuryHip InjuryKnee InjurySuccessive InjuriesMedical EvidenceIndependent Medical ExaminationWorkers' Compensation Board AppealAppellate Division DecisionJudicial Precedent
References
6
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