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Case Law Database

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

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. MISSING
Regular Panel Decision
Jan 09, 1991

Claim of Ingham v. Oswego County

The claimant, a nursing assistant for Oswego County, sustained multiple injuries, including to the knee, back, wrist, and head, in an August 1979 accident while assisting a client. Over time, the claimant's condition deteriorated, leading to permanent total disability. A Workers’ Compensation Law Judge initially found a causally related disability for the knee and wrist, later amending it to include the low back and consequential obesity. The self-insured employer, Oswego County, appealed this decision, arguing the back injury claim was untimely and that the disability should be apportioned due to the claimant's prior back history and obesity. The Workers’ Compensation Board affirmed the WCLJ's decision, rejecting the County’s arguments by finding a waiver of the timeliness objection and substantial evidence supporting the aggravation of preexisting conditions as causally related to the 1979 accident, leading to total disability.

Permanent Total DisabilityCausally Related DisabilityAggravation of Preexisting ConditionWaiver of Section 28 DefenseTimeliness of Claim ObjectionConflicting Medical EvidenceSpinal InjuryObesity-Related DisabilityJoint InjuryEmployer Self-Insured
References
3
Case No. MISSING
Regular Panel Decision
Feb 09, 2012

Claim of Schworm v. Frito Lay, Inc.

This case concerns an appeal by the Special Disability Fund from a Workers’ Compensation Board decision, filed February 9, 2012, which ruled that an employer's workers' compensation carrier was entitled to reimbursement. The claimant, a mechanic, suffered a work-related back injury in 2003 and had a pre-existing non-work-related knee injury from 20 years prior. The carrier sought reimbursement from the Fund under Workers’ Compensation Law § 15 (8), asserting the knee injury constituted a permanent physical impairment. The Workers’ Compensation Law Judge and subsequently the Board affirmed the carrier's entitlement to reimbursement. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that the claimant's pre-existing knee condition constituted a permanent impairment that hindered job potential, and contributed to a materially and substantially greater disability.

reimbursementSpecial Disability Fundpreexisting impairmentwork-related injurypermanent disabilitymaterially and substantially greaterWorkers' Compensation Law § 15 (8)knee injuryback injuryindependent medical examination
References
5
Case No. MISSING
Regular Panel Decision
Aug 16, 1982

Claim of Munkelwitz v. New York Telephone Co.

The employer appealed a Workers' Compensation Board decision that granted disability benefits to the claimant for a period in early 1980. The employer contended there was no record support for the claimant's inability to work during that time. However, medical testimony showed the claimant's knee had limited flexibility, pain, and swelling. The claimant also testified to severe pain, swelling without elevation, and an inability to drive or use public transport to work. This evidence was found to provide ample support for the Board's finding of the claimant's work disability due to a knee injury. The decision of the Workers' Compensation Board was affirmed.

Disability BenefitsKnee InjuryMedical TestimonyInability to WorkAppellate ReviewWorkers' Compensation AppealPain and Swelling
References
0
Case No. MISSING
Regular Panel Decision

Mylette v. Mylette

The plaintiff moved to have the defendant's disability pension, from the New York City Police Pension Fund, classified as a marital asset subject to equitable distribution under Domestic Relations Law § 236 (B) (4) (b). The defendant, a former New York City police officer, received the disability pension after a line-of-duty knee injury, terminating his employment after 12 years, short of the 15 years required for vesting. The court reviewed legal precedents from various states and New York, which generally treat disability pensions as separate property, particularly when compensating for personal injuries rather than deferred compensation. The court found that the defendant's pension was purely compensation for his injury, distinguishing it from retirement benefits, and that he had no option to choose a regular retirement package. Therefore, the court denied the plaintiff's motion, ruling that the disability pension is the defendant's separate property.

Domestic Relations LawDisability PensionMarital PropertyEquitable DistributionSeparate PropertyPolice Pension FundPersonal Injury CompensationNonvested BenefitsFamily LawProperty Classification
References
31
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
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. OAK 0307233
Regular
Oct 16, 2007

LESLEY MORRIS vs. PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The applicant sought reconsideration of a workers' compensation award, arguing that the five percent permanent disability apportionment was incorrectly applied to the wrong knee and that no prior award existed for her right knee. The Board denied the petition, finding that a prior award for both knees existed, establishing a conclusive presumption of permanent disability. Because the current disability entirely subsumed the prior disability, the Board upheld the apportionment of the five percent permanent disability from the prior award.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens AdministratorsOAK 0307233Petition for ReconsiderationCorrected Supplemental FindingsAward and Orderpermanent disabilityapportionmentLabor Code section 4664
References
3
Case No. ADJ506368 (SRO 0132183)
Regular
Feb 04, 2014

Barbara Kangas vs. REDBUD COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM WEST

The Appeals Board rescinded the prior award, finding no compensable consequence injury to the applicant's left knee. While the applicant had an existing award for future medical treatment for her right knee injury, the Agreed Medical Examiner's reports indicated no need for left knee treatment. Crucially, any left knee disability did not manifest within five years of the original injury, precluding a finding of new and further disability. Therefore, the petition to reopen for new and further disability was denied.

Compensable consequence injuryStatute of limitationsReconsiderationFindings Award & OrderAgreed Medical Examiner (AME)Petition to ReopenNew and Further DisabilityMedical treatment awardJurisdictionLabor Code § 4600
References
20
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
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