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Case Law Database

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

Case No. ADJ3203306 (LAO 0871862)
Regular
Jul 13, 2011

Vanessa Bruce vs. SOUTHWEST HEALTHCARE MEDICAL, TRAVELERS

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that found industrial injury to the lumbar spine but denied injury to the internal systems and sleep disorder. The applicant argued the WCJ erred by ignoring a stipulation for injury to the left lower extremity, hip, and buttocks, and by rejecting evidence of an industrially-caused sleep disorder. The WCAB granted reconsideration, amended the findings to include injury to the left lower extremity, left hip, and buttocks, but otherwise affirmed the original decision, finding no industrial basis for the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLumbar SpineInternal SystemsSleep DisorderLeft Lower ExtremityLeft HipButtocks
References
2
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
1
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
4
Case No. 2021 NY Slip Op 01018 [191 AD3d 548]
Regular Panel Decision
Feb 16, 2021

Matter of Tenants United Fighting for the Lower E. Side v. City of New York Dept. of City Planning

The Appellate Division reversed a lower court order that had annulled approvals by the New York City Planning Commission (CPC) for new building constructions. The Supreme Court had initially granted petitions from Tenants United Fighting for the Lower East Side and Lower East Side Organized Neighbors. The appellate court held that the Supreme Court should have deferred to the CPC's reasonable interpretation of the New York City Zoning Resolution (ZR). Specifically, the Appellate Division clarified that ZR § 78-043's requirement for findings as a condition precedent only applies to modifications granted by special permit or authorization, not to other types of modifications to large-scale residential developments. Consequently, the petitions were denied and the proceedings dismissed.

Zoning ResolutionLarge-Scale Residential DevelopmentCity Planning CommissionAdministrative LawAppellate ReviewJudicial DeferenceStatutory InterpretationArticle 78 ProceedingNYC ZoningUrban Planning
References
7
Case No. MISSING
Regular Panel Decision

Matter of Johnson v. Adams & Associates

In 2009, the claimant sustained a left knee injury at work, leading to an established workers’ compensation claim that was later amended to include other left lower extremity conditions. In 2013, the claimant sought to further amend the claim to include consequential reflex sympathetic dystrophy (RSD) to the left upper extremity. Both a Workers’ Compensation Judge and the Workers’ Compensation Board denied this request, citing a lack of credible medical evidence. The appellate court affirmed the Board’s decision, finding it supported by substantial evidence. The court noted conflicting medical opinions, with independent medical examiners finding no objective signs of RSD, while the claimant’s treating physician made the diagnosis based on subjective complaints. The court also rejected the claimant’s argument that advance payments of compensation estopped the carrier from contesting liability, clarifying that such payments do not preclude other defenses.

Reflex Sympathetic DystrophyRSDLeft Upper ExtremityConsequential InjuryWorkers' Compensation BenefitsMedical EvidenceIndependent Medical ExaminationObjective SignsSubjective ComplaintsEstoppel
References
6
Case No. ADJ2804761 (LAO0886335)
Regular
Jun 13, 2014

RUBEN PEREZ ARAUJO vs. CENTIMARK CORPORATION, ARCH INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contentions regarding the applicant's Petition to Reopen. The Board found no good cause to reopen the claim for new and further disability related to the applicant's left upper extremity, left lower extremity, insomnia, urological, or internal conditions. This decision was based on the applicant's failure to present substantial evidence of new and further disability beyond what was previously adjudicated or known at the time of the initial award. However, the Board noted that the employer's liability for medical treatment for these conditions may still exist, irrespective of disability findings.

Workers' Compensation Appeals BoardPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 5410Agreed Medical ExaminerFindings and AwardInsomniaUrological IssuesInternal Systems
References
3
Case No. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
References
3
Case No. ADJ128523 (GOL 0095636) ADJ1378031 (GOL 0095637)
Regular
Oct 10, 2016

MARIA PADILLA vs. DONALD AND LINDA FAREED, ALLSTATE INSURANCE COMPANY c/o SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded a prior award, finding applicant did not sustain industrial injury to her left hip, left knee, right shoulder, or bilateral upper and lower extremities, based on Agreed Medical Examiner opinions. The Board deferred issues of temporary disability, permanent disability, apportionment, and attorney fees for further development of the record. Industrial injury was affirmed for the psyche and previously stipulated body parts, along with medical treatment and reimbursement for expenses. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of Fact and AwardPermanent Total DisabilityApportionmentAgreed Medical Examiner (AME)Independent Medical Examiner (IME)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)Cumulative Trauma (CT)Temporary Disability
References
9
Case No. ADJ9519541
Regular
Jul 26, 2019

Sonia Young-Mitchell vs. SECURITAS SECURITY SERVICES

This case involves an applicant seeking permanent total disability benefits after an admitted industrial injury to her back, lower extremities, right ankle, and left knee. The applicant argues the Workers' Compensation Judge (WCJ) erred by apportioning 10% of her left knee disability to a pre-existing asymptomatic condition. The Appeals Board granted reconsideration, finding that the Agreed Medical Examiner (AME) impermissibly apportioned to the cause of the injury rather than pre-existing pathology. Consequently, the Board amended the award to find the applicant 100% permanently totally disabled, returning the matter for a new award.

Workers Compensation Appeals BoardSonia Young-MitchellSecuritas Security ServicesSedgwick Claims Management Servicespermanent total disabilityapportionmentleft knee injurycompensable consequencevocational evidenceAgreed Medical Examiner
References
4
Case No. ADJ13011053
Regular
Sep 08, 2025

NORBERTO GARCIA vs. DOMINATION COLLABORATION, INC., AMERICAN ZURICH INSURANCE COMPANY

Norberto Garcia, a cook, sustained multiple industrial injuries including to his psyche, spine, shoulders, left ankle, lower extremities/gait, kidneys, and in the form of hypertension, anemia, diabetes, and left foot amputation. The WCJ awarded 100% permanent disability, finding that the impairments should be added due to their synergistic effects. Defendants petitioned for reconsideration, arguing errors in combining impairments and apportionment. The Appeals Board denied the petition, affirming the WCJ's findings that Dr. Lonky's medical opinions supported the additive approach for disability calculation and that even with minor adjustments, the applicant's permanent disability still exceeded 100%.

Petition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentHypertensive Cardiovascular DiseaseRenal DiseaseDiabetes MellitusLeft Foot AmputationGait DerangementVocational Evaluation
References
17
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