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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

Claim of Salters v. Town of Woodstock

A claimant appealed a Workers’ Compensation Board decision from January 24, 1997, which denied her claim for death benefits. Her husband, the Chief of Police for the Town of Woodstock, suffered an intracerebral hemorrhage during an executive session in April 1992 and died approximately 20 months later from a myocardial infarction and acute respiratory failure. While the decedent's physician attributed the hemorrhage to work stress, the employer’s expert and an impartial specialist found no causal link between the work stress and the hemorrhage. The Board credited these expert opinions, finding no causal relationship, and denied the claim. The Appellate Division affirmed the Board's decision, concluding that there was substantial evidence to rebut any presumption under Workers’ Compensation Law § 21.

Intracerebral HemorrhageCausal RelationshipWork Stress InjuryDeath Benefits ClaimExpert Medical OpinionSubstantial EvidenceAppellate AffirmationPolice EmploymentWorkers' Compensation Law § 21Medical Causation
References
3
Case No. MISSING
Regular Panel Decision
Oct 11, 1978

Claim of Neblett v. Salvation Army

The case involves an appeal from a Workers’ Compensation Board decision regarding a death benefits claim. Claimant’s decedent, a 53-year-old porter, died from a cerebral hemorrhage suffered at work on May 5, 1973. His widow filed for death benefits, which the Board approved, invoking the presumption under Workers’ Compensation Law section 21 for unwitnessed accidents arising out of and in the course of employment. The appellate court affirmed the Board’s decision, noting the concession that death resulted from a cerebral hemorrhage at work and the absence of evidence suggesting another cause, thus upholding the application of the Section 21 presumption.

Workers' CompensationDeath BenefitsCerebral HemorrhageArising Out of EmploymentCourse of EmploymentPresumptionUnwitnessed AccidentAppellate ReviewEmployer LiabilitySelf-Insured
References
2
Case No. MISSING
Regular Panel Decision

Consolidated Underwriters v. Christal

Shellie Christal, husband of Zelia Christal, died from a cerebral hemorrhage on November 6, 1937, while employed by Pritchard Rice Milling Company. He had pre-existing high blood pressure. The Industrial Accident Board denied recovery to Zelia Christal, who then appealed to the district court of Harris County. A jury found that Christal's over-exertion at work aggravated his high blood pressure, leading to the cerebral hemorrhage and death, and that his death was not solely caused by disease. The appellate court affirmed the trial court's judgment, rejecting the appellant's contentions regarding requested special issues, definitions of terms, and variance between pleadings and proof, concluding that the injury was compensable.

Workers' CompensationCerebral HemorrhageOver-exertionPre-existing ConditionHigh Blood PressureIndustrial Accident BoardJury FindingsCausationLump Sum SettlementAccidental Injury
References
18
Case No. 2015-02-0222
Regular Panel Decision
Feb 25, 2016

Bradley Booker v. Mid-City Grill

Bradley Booker, a delivery driver for Mid-City Grill, was robbed and struck in the head on January 14, 2015, leading to a seizure and diagnosis of a subarachnoid hemorrhage two days later. He received medical treatment, with East Tennessee Brain and Spine Center noting a normal neurological exam and near-complete resolution of the hemorrhage upon his discharge on March 4, 2015. Mr. Booker sought workers' compensation benefits, and during an expedited hearing, Mid-City Grill, an uninsured employer, acknowledged responsibility. The parties reached an agreement for the employer to cover Mr. Booker's medical bills and pay $5,000.00 in temporary disability benefits, resolving the disputed issues.

Workers' CompensationExpedited HearingUninsured EmployerMedical BenefitsTemporary Disability BenefitsSubarachnoid HemorrhageSeizureRobberyHead InjurySettlement Agreement
References
1
Case No. ADJ7932198
Regular
Aug 06, 2019

JOHN GINN vs. LANCASTER SCHOOL DISTRICT

This case involves a worker who sustained a low back injury, followed by a stroke, hemorrhage, and paralysis. The defendant school district contested the finding that the stroke was a compensable consequence of the initial injury, arguing the medical evidence was flawed. The Appeals Board denied the defendant's petition for reconsideration, upholding the finding of a 100% permanent disability award for the applicant. The Board affirmed reliance on physicians not explicitly designated as QMEs, as the applicant had to self-procure treatment due to the defendant's initial denial of liability for the stroke.

Compensable consequence injuryIschemic strokeIntercerebral hemorrhageHemiparalysisCognitive speech impairmentPermissibly self-insuredKeenan & AssociatesCalPERS salary letterMutual mistake of factPrimary treating physician
References
1
Case No. MISSING
Regular Panel Decision

Claim of Gordon v. Paul

A traveling salesman suffered a stroke in September 1987 due to a demanding work schedule, leading him to file a workers' compensation claim. The Workers' Compensation Board determined the stroke was causally related to his employment and awarded benefits. The employer and its insurance carrier appealed the decision. While the court found Workers' Compensation Law § 21 inapplicable, it affirmed the Board's ruling, concluding it was supported by substantial medical evidence. Expert testimony indicated that the claimant's pre-existing conditions, coupled with work-related stress, likely contributed to his cerebral hemorrhage.

StrokeCausally Related DisabilityWorkers' Compensation BenefitsTraveling SalesmanHeavy Work ScheduleCerebral HemorrhageCardiovascular DiseaseHypertensionWork-Related StressSubstantial Evidence
References
1
Case No. MISSING
Regular Panel Decision
Apr 09, 1981

Claim of Yarter v. S. R. Beltrone, Inc.

A carpenter died from a cerebral hemorrhage after being found unconscious next to a ladder at work, an incident unwitnessed but occurring shortly after he was seen working on the ladder. The Workers' Compensation Board ruled it an industrial accident and applied the presumption of Section 21 of the Workers’ Compensation Law. The employer and its insurance carrier appealed, challenging the application of the presumption and the sufficiency of the medical evidence regarding causation. The appellate court affirmed the Board's decision, holding that the presumption was properly applied given the unwitnessed fall at work, and that the medical testimony supported the finding of causation, thereby upholding the Board's determination that the presumption had not been rebutted.

Cerebral HemorrhageIndustrial AccidentUnwitnessed FallWorkers' Compensation Law Section 21Presumption of CompensabilityMedical CausationAppellate ReviewEmployer LiabilityInsurance Carrier LiabilityWorkers' Compensation Board Decision
References
9
Case No. MISSING
Regular Panel Decision

Fort Worth State School v. Jones

Barbara Jones, an employee of Fort Worth State School, suffered a cerebral hemorrhage at work. She testified it was due to a fall on the job, while the state school contended it resulted from pre-existing hypertension. The jury found that Jones was injured but not in the course of her employment. The trial court, however, disregarded this finding and entered judgment for Jones. The appellate court reversed the trial court's judgment, concluding that evidence, specifically Dr. LeBlanc's testimony, supported the jury's original finding that the injury was not employment-related. Consequently, the appellate court rendered judgment for the employer, the Fort Worth State School.

Worker's CompensationCerebral HemorrhageHypertensionCourse of EmploymentJury FindingJudgment Non Obstante VeredictoAppellate ReviewMedical OpinionPre-existing ConditionTexas Law
References
10
Case No. MISSING
Regular Panel Decision
Jun 14, 2007

Williams v. Colgate University

Claimant, a custodian for Colgate University, sustained a head injury in December 2005 after striking his head on a metal pipe, leading to a medullary hemorrhage. His application for workers' compensation was controverted by the employer. Conflicting medical opinions from neurologists Anthony Bragdon (for claimant) and Robert Knapp (for employer) were presented regarding the causal relationship of the injury to the workplace accident. The Workers’ Compensation Law Judge credited Bragdon's testimony, finding a causal relationship, a decision upheld by the Workers’ Compensation Board. The employer's appeal to the Appellate Division was denied, with the Court affirming the Board's decision due to ample supporting evidence.

Causal RelationshipHead InjuryMedullary HemorrhageIndependent Medical Examination (IME)Neurologist Expert TestimonyConflicting Medical EvidenceWorkers' Compensation Board AppealCredibility FindingWorkplace AccidentBrain Injury
References
9
Case No. MISSING
Regular Panel Decision

Claim of Sicker v. Karl Schroll & Associates, Inc.

This case concerns an appeal challenging a decision and award of death benefits. The decedent, a 63-year-old steamship worker, sought medical attention for painful buttocks, attributing it to a work-related incident. Dr. Flynn initially diagnosed a hematoma, leading to operative procedures, but the decedent's condition deteriorated, and he died of diffuse lymphosarcoma. An impartial specialist later determined no causal link between the alleged trauma and death, and it was conceded that the 'hematoma' was cancerous hemorrhaging, not accident-related. Therefore, the appellate court reversed the board's decision and dismissed the claim, finding the operative procedures were based on a mistaken diagnosis and not necessitated by employment.

Death BenefitsCausal RelationshipMistaken DiagnosisLymphosarcomaWorkers' Compensation AppealMedical TestimonyAutopsy FindingsEmployment-Related InjuryOperative ProceduresPre-existing Condition
References
0
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