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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 Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
Case No. SAC 0342537, SAC 0365636
Regular
Aug 04, 2008

JUDY HAMILTON vs. PLACER COUNTY WATER AGENCY, DISCOVER PROPERTY & CASUALTY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, finding the WCJ inadvertently omitted a finding of industrial injury to the applicant's low back within the cumulative trauma. While upholding the denial of a specific low back injury claim, the Board corrected the cumulative trauma finding to include the low back. Furthermore, the Board removed the 50% apportionment of permanent disability for the low back due to insufficient medical evidence, ultimately increasing the applicant's permanent disability award.

Cumulative TraumaApportionmentCausationPermanent DisabilityLabor Code Section 4663Dr. YashrutiDr. GlanczWCJPetition for ReconsiderationFindings and Award
References
4
Case No. ADJ7547124
Regular
Mar 27, 2017

JORGE VENCES vs. BORBON INC, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying a low back injury claim. The Board found that the Agreed Medical Examiner's deposition testimony, acknowledging a probable contribution of continuous work to the applicant's low back condition, constituted substantial evidence of injury arising out of and occurring in the course of employment. Consequently, the prior findings were rescinded, and a new finding establishing injury AOE/COE to the applicant's low back was substituted. All other issues were deferred.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeCumulative Trauma InjuryAgreed Medical ExaminerSubstantial EvidenceAOE/COEInjury to Low BackAggravation of Preexisting Condition
References
10
Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)
Regular
Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751
References
9
Case No. MISSING
Regular Panel Decision

Claim of La Fave v. St. Lawrence County

Claimant sustained a work-related back injury in October 1992. Years later, in November 1996, he was diagnosed with sciatica and a herniated disc, leading to surgery in March 1997. The Workers’ Compensation Board concluded that his back condition was causally related to the 1992 injury. The employer appealed this decision. The court affirmed the Board's finding, noting medical evidence supporting the causal relationship from the treating orthopedist and an independent medical examiner, despite the employer's consultant expressing doubts. The court also found no abuse of discretion by the Board in rejecting the employer's request for further record development due to untimeliness.

Workers' CompensationBack InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationBoard DecisionAppealAffirmationTimelinessRecord Development
References
4
Case No. MISSING
Regular Panel Decision

Claim of Mandziara v. Lowe's Home Centers

In 1995, the claimant suffered a back injury in Pennsylvania, leading to a workers' compensation claim. After multiple surgeries, symptoms were resolved by June 2001. In May 2003, while working for Lowe's Home Centers in Broome County, the claimant re-injured their back, initiating a new claim. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board ruled that apportionment did not apply to the workers' compensation award. The appellate court affirmed this decision, holding that apportionment is a factual issue and the Board's determination was supported by substantial evidence. The court highlighted the claimant's asymptomatic period of over 14 months prior to the 2003 injury.

Workers' CompensationApportionmentBack InjuryPrior InjurySubstantial EvidenceAsymptomatic PeriodMedical OpinionCausal RelationshipAppeal
References
6
Case No. ADJ8883423; ADJ11327965
Regular
Feb 21, 2023

MICKEY THORNTON vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION, ALASKA NATIONAL INSURANCE COMPANY, LASSEN MUNICIPAL UTILITY DISTRICT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the finding of "new and further disability" to the applicant's low back stemming from a 2013 cervical spine injury. The Board found the current medical evidence insufficient to establish a causal link between the 2013 injury and the low back condition. Therefore, the issue of new and further low back disability is deferred for further development of the record with substantial medical evidence. The Board stressed its duty to ensure substantial justice by not leaving undeveloped matters.

New and further disabilityReconsiderationStipulated awardAgreed medical evaluatorSubstantial evidenceMedical opinionRecord developmentCervical spineLow back injuryApportionment
References
5
Case No. ADJ466190 (STK 0151971) ADJ1336532 (STK 0151973) ADJ2603667 (STK 0151974)
Regular
Apr 21, 2009

Rosie Matz vs. GALT JOINT UNION ELEMENTARY SCHOOL

This case involves Rosie Matz seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding a May 8, 1997 injury. The WCJ awarded 17% permanent disability for a low back and neck injury but found no permanent disability for a May 16, 1995 low back injury. Matz contended the WCJ erred by not awarding permanent disability for a claimed left knee injury sustained in the 1997 incident. However, the WCAB denied reconsideration because prior final determinations had already established that Matz did not sustain industrial injury to her knees. Therefore, the issue of knee injury was precluded from further litigation under the doctrine of law of the case.

Rosie MatzGalt Joint Union Elementary SchoolPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLow Back InjuryNeck InjuryLeft Knee InjuryCumulative Trauma
References
1
Case No. MISSING
Regular Panel Decision
May 31, 1988

Claim of Walker v. Fred H. Low & Son, Inc.

Claimant suffered low back injuries in 1974 and 1976, leading to workers' compensation claims. Awards for medical expenses and reduced earnings were made for the 1976 injury. The case for the 1974 injury was initially closed but later reopened by the Workers’ Compensation Board upon the carrier's application for apportionment. A WCLJ found permanent partial disability from the 1976 injury and closed the 1974 case again. On appeal by the employer and carrier, the Board affirmed a continued, causally related permanent partial disability for the 1976 accident and reversed the closing of the 1974 injury case, restoring both to the Trial Calendar. The appellate court affirmed the Board's amended decision, citing substantial medical evidence and rejecting the claim of voluntary withdrawal from the labor market.

Workers' CompensationPermanent Partial DisabilityApportionmentReopened CasesCausally Related DisabilityMedical TestimonyVoluntary WithdrawalLabor MarketAppellate ReviewBack Injury
References
4
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