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

Case No. 534614
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Joseph Marcellino

The case involves an appeal from a Workers' Compensation Board decision concerning claimant Joseph Marcellino's eligibility for a schedule loss of use (SLU) award for permanent injuries to his left elbow and left thumb. Following an April 2015 accident, Marcellino had established claims for multiple injuries, undergoing surgery in 2016. Conflicting medical opinions arose between his treating orthopedic surgeon, Dimitro Christoforou, who assessed significant SLU percentages, and the carrier's orthopedic surgeon, Peter Spohn, who found minimal or no SLU for the left hand, wrist, and thumb. A Workers' Compensation Law Judge (WCLJ) credited Spohn's opinion, awarding 15% SLU for the left wrist but no permanency for the left elbow or left thumb. The Workers' Compensation Board affirmed this decision. On appeal, the Appellate Division, Third Judicial Department, affirmed the Board's decision, reiterating that the Board has the discretion to resolve conflicting medical opinions and reject medical evidence even without opposing proof, finding their determination supported by substantial evidence.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsCredibility AssessmentAppellate DivisionWorkers' Compensation BoardOrthopedic InjuriesElbow Injury
References
7
Case No. 2023 NY Slip Op 03890
Regular Panel Decision
Jul 20, 2023

Matter of Perry v. DOCCS Clinton Corr. Facility

Claimant Robert Perry, a correction officer, initially filed a workers' compensation claim in January 2017 for injuries to his left hand and wrist. This claim was established, leading to an award for schedule loss of use of his left hand in September 2019. Subsequently, in May 2020, Perry was diagnosed with left elbow epicondylitis, which he sought to include as a causally-related injury to his existing claim. The employer and carrier argued the amendment was untimely under Workers' Compensation Law § 28. While a Workers' Compensation Law Judge initially permitted the amendment, the Workers' Compensation Board reversed, deeming the left elbow claim time-barred due to not being filed within two years of the original accident. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly found no evidence of an injury to the left elbow in claimant's medical records prior to May 2020, and that the Board, as the sole arbiter of credibility, was free to prioritize medical records over claimant's conflicting testimony regarding earlier elbow pain, thus upholding the denial of the claim and the subsequent denial of reconsideration.

Workers' Compensation LawTimeliness of ClaimLeft Elbow InjuryMedical MisdiagnosisSchedule Loss of UseWorkers' Compensation Board DecisionAppellate DivisionCorrectional OfficerClaim AmendmentStatute of Limitations
References
6
Case No. MISSING
Regular Panel Decision

Matter of Santiago v. The NY Operators

Claimant sustained a work-related injury to her right hand and subsequently her left wrist, receiving workers' compensation benefits from October 2008 to December 2013. Payments were suspended in December 2013 based on the employer's medical expert opinion that claimant reached maximum medical improvement. A Workers’ Compensation Law Judge (WCLJ) found a 17.5% loss of use of her right hand and 7.5% loss of use of her left hand. The Workers’ Compensation Board rescinded the WCLJ’s decision, restoring the case to the trial calendar for further development of the record, noting that claimant had not been provided an opportunity to present evidence regarding schedule loss of use percentages. Claimant appealed the Board’s failure to determine awards held in abeyance and paid at a tentative rate. The Appellate Division dismissed the appeal, holding that the Board’s decision was interlocutory and did not dispose of all substantive issues, allowing the claimant to appeal any issues upon a final Board decision.

Workers' CompensationSchedule Loss of UseMaximum Medical ImprovementInterlocutory AppealAppellate ProcedureMedical Expert OpinionBoard Decision RescindedTrial CalendarFurther Development of RecordTentative Rate
References
4
Case No. ADJ7902052
Regular
Mar 04, 2014

SHARON TEDFORD vs. SUPERIOR COURT COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case involves a workers' compensation applicant seeking reconsideration of a decision that found injury to her right shoulder, elbow, and hand, resulting in 34% permanent disability. The applicant contended the permanent disability rating was too low and that injury to her right wrist and left shoulder was improperly denied. The Appeals Board granted reconsideration, adopting the WCJ's report to correct a rating calculation error, increasing the permanent disability to 35%. The Board affirmed the denial of injury to the right wrist and left shoulder, finding substantial evidence supported the original determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingIndustrial InjuryAOE/COERight Shoulder InjuryRight Wrist InjuryLeft Shoulder InjuryPermanent Disability Schedule
References
6
Case No. MISSING
Regular Panel Decision

Claim of Feliciano v. New York City Health & Hospitals Co.

Claimant sought workers' compensation benefits for bilateral carpal tunnel syndrome. Initially, a Workers' Compensation Law Judge ruled the left hand claim time-barred by Workers' Compensation Law § 28 and established August 28, 2006, as the disability date for the right hand. On appeal, the Workers' Compensation Board affirmed the right hand's disability date but, on its own motion, set December 2003 as the disability date for the left hand, thereby confirming the left hand claim was untimely. The claimant appealed, arguing against two disability dates for a single claim. The court affirmed the Board's decision, finding substantial evidence supported treating the hand injuries as discrete occupational diseases with separate disablement dates and upheld the time-bar for the left hand claim.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeTime-barred ClaimDate of DisablementBilateral InjuriesAppellate ReviewWorkers' Compensation BoardJudicial ReviewStatute of Limitations
References
6
Case No. 2024 NY Slip Op 00831 [224 AD3d 1051]
Regular Panel Decision
Feb 15, 2024

Matter of Golisano v. ABX Innovative Packaging Solutions LLC

The claimant, Jason R. Golisano, filed for workers' compensation benefits in August 2021 for injuries to his left wrist and hand. A Workers' Compensation Law Judge (WCLJ) established the claim for a left wrist injury. The employer and its carrier (appellants) sought review of this decision by the Workers' Compensation Board, but their application was filed beyond the 30-day limit. The Board denied the application as untimely, and the carrier appealed. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the untimely application, despite the carrier's arguments regarding a short delay and the COVID-19 pandemic.

Workers' CompensationTimelinessApplication for ReviewBoard DiscretionAppellate ReviewCOVID-19Procedural IssueWCLJ DecisionEmployer-Carrier AppealNew York Law
References
4
Case No. ADJ12221657; ADJ13326997
Regular
May 27, 2025

MARIA ALVAREZ vs. POMONA UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Maria Alvarez, an Elementary Campus Supervisor, sustained injuries to her left hand and wrist on October 15, 2018, and allegedly bilateral hands, right wrist, and right thumb due to cumulative trauma from September 1, 2005, through August 1, 2019. The defendant, Pomona Unified School District, filed a Petition for Reconsideration challenging the WCJ's finding of Occupational Code No. 322. The Appeals Board granted the petition solely to amend the February 20, 2025 Joint Findings, Order, and Award to defer the issue of whether applicant has reached maximum medical improvement in both cases, while otherwise affirming the WCJ's decision. The WCJ's determination of Occupational Group Number 322 was upheld, explaining its consistency with the applicant's food service duties, contrasting it with other clerical and professional occupations.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Maximum Medical ImprovementOccupational Group NumberDalen v. Worker's Comp. Appeals Bd.Schedule for Rating Permanent DisabilitiesAMA GuidesSpecific InjuryCumulative Trauma
References
4
Case No. ADJ12320361
Regular
Feb 18, 2025

LINDA ERNEST vs. TRADER JOE'S, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board considered a Petition for Reconsideration filed by Defendant Trader Joe's, administered by Sedgwick Claims Management Services. The petition challenged the Workers' Compensation Judge's (WCJ) decision dated November 26, 2024, which found that the defendant did not meet its burden of proof regarding apportionment for injuries to the applicant's left hand, left wrist, and left knee. The WCJ's decision awarded 51% permanent disability based on the medical reporting of PQME Michael Slutzker, MD, but only found apportionment for the low back injury. The defendant specifically contended that the WCJ erred in not allowing apportionment for the left knee. The Appeals Board denied the petition, adopting and incorporating the WCJ's report, which concluded that the Qualified Medical Evaluator's (QME) report lacked sufficient explanation and detail to support the proposed apportionment for the left knee, thus failing to meet the defendant's burden of proof.

Workers Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Transmission of CaseElectronic Adjudication Management SystemReport and RecommendationApportionmentPermanent DisabilityCausationQualified Medical Evaluator
References
11
Case No. ADJ10231800
Regular
Apr 30, 2018

Patricia Castro vs. STOCKTON UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings, remanding the case for further development of the record. The applicant claims industrial cumulative trauma injury to her left knee, left thumb, right knee, left arm, and left wrist. The medical expert, Dr. Anderson, initially found no cumulative trauma from the applicant's work with the defendant school district but later opined it was possible from concurrent work as a cashier. The Board found it unclear why the applicant's job with the defendant, which also involved standing and hand use, would not also support a cumulative trauma claim, necessitating further investigation.

Cumulative traumaPetition for ReconsiderationFindings of FactIndustrial injuryMedical evidencePanel Qualified Medical EvaluationDepositionApportionmentSupplemental ReportFurther development of the record
References
0
Case No. 2023 NY Slip Op 00899, 534614
Regular Panel Decision
Feb 16, 2023

Matter of Marcellino v. National Grid

Claimant Joseph Marcellino appealed a Workers' Compensation Board decision finding no permanent injury to his left elbow and denying a schedule loss of use (SLU) award for it, and affirming no SLU for his left thumb. Claimant had established injuries from an April 2015 accident, including to his left elbow and thumb, and underwent surgery in 2016. His treating orthopedic surgeon, Dr. Christoforou, initially opined significant SLU percentages in 2017. However, an August 2020 examination by Dr. Spohn, retained by the carrier, found no range of motion deficits for the left hand, wrist, or thumb, suggesting 0% SLU for these, though he did suggest 15% SLU for carpal tunnel syndrome based on guidelines. The Workers' Compensation Law Judge credited Dr. Spohn's opinion, a finding affirmed by the Board, which discounted Dr. Christoforou's conflicting opinions due to inconsistencies in his own prior findings. The Appellate Division affirmed the Board's decision, stating that the Board has discretion to resolve conflicting medical opinions and reject evidence, even if unopposed.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityMedical Opinion CredibilityOrthopedic SurgeryLeft Elbow InjuryLeft Thumb InjuryCarpal Tunnel SyndromeAppellate ReviewMedical Evidence
References
7
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