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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

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. MISSING
Regular Panel Decision

Matter of Sanchez v. Sts Steel

The claimant appealed a Workers' Compensation Board decision from January 7, 2016, which granted a 30% Schedule Loss of Use (SLU) award for a right knee injury but applied apportionment to it. The claimant, a steel worker, sustained a work-related right knee injury in February 2007, necessitating a second arthroscopy. He had a prior nonwork-related right knee injury and surgery in 2005. The WCLJ found 66⅔% of the SLU attributable to the 2007 injury and 33⅓% to the 2005 injury. The Board upheld this apportionment. The court affirmed the Board's decision, finding it supported by substantial evidence from medical examiners that the prior nonwork-related injury, had it been compensable, would have resulted in an SLU finding.

Workers' CompensationSchedule Loss of UseApportionmentRight Knee InjuryMeniscus TearPreexisting ConditionMedical EvidenceSubstantial EvidenceAppellate ReviewWorkers' Compensation Board
References
11
Case No. MISSING
Regular Panel Decision

Claim of Simpson v. New York City Transit Authority

The claimant, identified as a bus driver who retired in 2011, applied for workers’ compensation benefits, alleging an occupational disease due to repetitive stress on his knees. The Workers’ Compensation Board initially disallowed the claim, crediting an independent medical examination by orthopedic surgeon Carl Wilson, who concluded the knee condition was not causally related to work, but rather due to age-related wear and tear and degenerative changes. This Court previously reversed and remitted the case due to the Board's misinterpretation of MRI results. On remittal, the Board again disallowed the claim, reaffirming Wilson's credible testimony. The Appellate Division now affirms the Board’s decision, finding Wilson's medical opinion, which was based on an examination and review of medical records, to be supported by a rational basis and substantial evidence.

occupational diseaseknee injuryrepetitive stressbus driverindependent medical examinationMRI resultsdegenerative changesosteoarthritiscausal relationshipsubstantial evidence
References
6
Case No. 2018-08-0022
Regular Panel Decision
Sep 14, 2018

Womble, Michael v. Uncle Dave’s Auto Repair, Inc.

Michael Womble, a tow truck operator, sustained a left knee injury while working for Uncle Dave’s Auto Repair, Inc. After initial treatment and surgery by Dr. Tyler Cannon, he was released at maximum medical improvement (MMI) but continued to experience knee pain. A new orthopedist, Dr. Marvin Van Hal, determined Mr. Womble was not at MMI and recommended a second arthroscopy, restricting his work activities. Mr. Womble was subsequently fired for allegedly violating an unwritten company policy regarding customer transport, which he disputed. The Court found that his actions did not constitute misconduct justifying termination, thereby granting him temporary partial disability (TPD) benefits for the period from September 29, 2017, to April 8, 2018.

Temporary Partial DisabilityWorkers' Compensation BenefitsWorkplace TerminationEmployee MisconductKnee InjuryOrthopedic CareMaximum Medical Improvement (MMI)Expedited HearingEmployer PoliciesTow Truck Industry
References
4
Case No. 2015-06-0043
Regular Panel Decision
May 12, 2015

Duncan, Danya v. Houchens Food Group, Inc.

Danya Duncan, an employee of Houchens Food Group, Inc., sought an expedited hearing after sustaining a left knee injury at work on December 8, 2014. The injury occurred while bagging groceries, impacting his knee on the register and bagging carousel. The employer and its insurer, Chubb Group, denied medical and temporary disability benefits, disputing causation. The Court found the employer failed to provide a proper panel of physicians as required by law, negating the presumption of correctness for the initial physician's causation opinion. The Court determined that Mr. Duncan's injury arose primarily out of and in the course and scope of his employment, ordering Houchens to provide a new panel of orthopedic physicians. While denying immediate arthroscopy and temporary disability benefits, the Court mandated authorization for the procedure if deemed medically necessary by the chosen physician from the new panel.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityCausationPanel of PhysiciansKnee InjuryCashierEmployer LiabilityInsurance Carrier
References
9
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. 2024-50-5318
Regular Panel Decision
Jan 29, 2026

Romero-Hernandez, Rafael V. Valley Interior Systems, Inc.

Rafael Romero-Hernandez suffered a left knee injury at work, which was initially accepted. He subsequently developed right knee pain, attributing it to overcompensation from the left knee injury. The employer, Valley Interior Systems, Inc., contested the necessity of further left knee surgery and the work-relatedness of the right knee condition. The Court found Mr. Hernandez credible and sided with the treating physician, Dr. Paul Thomas, ruling that the employer must authorize recommended surgeries for both knees. However, Mr. Hernandez's request for additional temporary disability benefits was denied, as the court found the employer's offer of sit-down work reasonable despite his commute challenges.

Knee InjuryMeniscus TearOsteoarthritisOvercompensation InjuryMedical Treatment AuthorizationTemporary Disability BenefitsCredibility DeterminationExpert Medical OpinionUtilization Review ChallengePanel Physician Presumption
References
8
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. MISSING
Regular Panel Decision

Claim of LaClaire v. Birds Eye Foods, Inc.

Claimant sustained work-related injuries to her left and right knees in 2007. The Workers' Compensation Board subsequently determined that her condition warranted a marked permanent partial disability classification, entitling her to continuing disability benefits rather than a schedule loss of use award. The employer and its workers' compensation carrier appealed this determination. The court affirmed the Board's decision, finding substantial evidence, including the claimant's orthopedic surgeon's testimony regarding crepitus, swelling, and severe pain, supported the marked permanent partial disability classification. Furthermore, the court concluded that the Board did not abuse its discretion in requiring additional proof concerning any overpayments made to the claimant.

Workers' CompensationPermanent Partial DisabilitySchedule Loss of UseKnee InjuriesAppellate ReviewSubstantial EvidenceMedical OpinionCredibility AssessmentOverpaymentsDisability Benefits
References
6
Case No. 2017-03-0206
Regular Panel Decision
Jun 29, 2017

Cole, Keith v. Smokey Mountain Harley Davidson

This case involves Keith Cole, an employee, seeking medical and temporary disability benefits for a right knee injury allegedly sustained on September 7, 2016, at Smoky Mountain Harley Davidson. Cole claimed his left knee, previously injured at work, gave out, causing him to fall and injure his right knee. The employer and insurer disputed the claim, arguing a lack of timely and proper notice of the right knee injury. Workers' Compensation Judge Lisa A. Lowe reviewed the submitted evidence, including conflicting accounts of injury reporting and the absence of right knee complaints in post-injury medical records. The Court denied Cole's claim, concluding he failed to demonstrate a likelihood of prevailing on the merits regarding whether the right knee injury arose primarily out of and in the course of his employment.

Workers' CompensationExpedited HearingMedical Benefits DenialTemporary Disability BenefitsNotice of InjuryCausationRight Knee InjuryLeft Knee InjuryCourse and Scope of EmploymentMedical Certainty
References
1
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