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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 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
Case No. MISSING
Regular Panel Decision

Claim of Kaja v. Siller Bros.

The claimant, a construction worker, initially received workers' compensation benefits for a severed left thumb in May 2003. A subsequent claim for a consequential neck injury was denied by the Workers’ Compensation Law Judge and affirmed by the Workers’ Compensation Board. The Board also denied the claimant's application for reconsideration regarding both the neck injury and further disability of the thumb. The claimant appealed the Board's May 2009 decision. The appellate court affirmed the Board's denial of reconsideration for the neck injury. However, the court modified the decision, reversing the denial of reconsideration for the left thumb injury based on newly presented medical evidence, and remitted that issue back to the Workers’ Compensation Board for further proceedings.

Workers' Compensation AppealApplication for ReconsiderationFull Board ReviewCausally Related InjuryNeck InjuryLeft Thumb Schedule Loss of UseIndependent Medical ReportNew Medical EvidenceRemittal to BoardAbuse of Discretion Review
References
3
Case No. ADJ4400372 (SAC 0282814)
Regular
May 08, 2009

MICHAEL GRIFFIN vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's denial of the applicant's petition to reopen. The Board found that the applicant established good cause to reopen for new and further disability related to his left thumb and heart injuries sustained during his employment with the California Highway Patrol. Substantial medical evidence supported the cumulative trauma to the left thumb and the presumption under Labor Code section 3212.3 applied to the heart injury. The case was returned to the trial level for further proceedings.

ReconsiderationPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 3212.3Presumption StatuteIndustrial CausationCumulative TraumaStipulated AwardLeft Thumb Injury
References
4
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. MISSING
Regular Panel Decision
Jul 18, 1975

the Claim of Forest Westfall v. Linesville Construction Co.

The claimant, a 44-year-old pipe line construction worker, sustained a left eye injury in 1971, leading to enucleation. Twenty years prior, he had lost four fingers of his left hand due to an injury in Ohio. The Workmen's Compensation Board found a 95% loss of use of the left hand, concluding he was not totally and permanently disabled under section 15 (subd 8, par [c]) of the Workmen’s Compensation Law, as he retained full thumb motion. Conflicting medical testimonies regarding the extent of his hand disability were presented. The Appellate Division affirmed the board's decision, citing that the board's conclusion was supported by substantial evidence and that determining conflicting medical testimony is within the board's purview.

Workers' CompensationPermanent DisabilityHand InjuryEye InjuryMedical TestimonyAppellate ReviewSubstantial EvidenceLoss of UsePrior InjuryDisability Percentage
References
4
Case No. 534112
Regular Panel Decision
Nov 17, 2022

Matter of Grinnage v. New York City Tr. Auth.

Claimant, a bus driver for 31 years, filed a workers' compensation claim for repetitive stress injuries. Initially, a Workers' Compensation Law Judge disallowed the claim, citing insufficient evidence linking his conditions to work due to incomplete medical record review. However, the Workers' Compensation Board reversed this decision, finding sufficient uncontradicted medical evidence from Dr. Hedrych and claimant's testimony established a causal link. The Board established the claim for injuries to claimant's left shoulder, left wrist, carpal tunnel syndrome, left thumb, hip, and bilateral knees. The employer's subsequent appeal, challenging the Board's decision and the denial of their request for an independent medical examination, was affirmed by the Appellate Division, Third Department.

Repetitive Stress InjuryOccupational DiseaseWorkers' Compensation BenefitsBus DriverCausally-Related InjuryIndependent Medical ExaminationAdministrative AppealBoard ReviewAffirmative DefenseCredibility
References
11
Case No. MISSING
Regular Panel Decision

In re the Claim of Sweet

A claimant, formerly a sewage treatment worker for a municipality, left his job and moved to Hawaii after receiving a conditional job offer at a tropical fish farm and his girlfriend's relocation there. Upon arrival, he discovered the position was no longer available. The Unemployment Insurance Appeal Board subsequently ruled that the claimant was disqualified from receiving unemployment insurance benefits, determining he had voluntarily left his employment without good cause. The appellate court affirmed the Board's decision, finding substantial evidence that the claimant failed to verify the job offer before moving and had primarily relocated for personal reasons without definite employment.

Unemployment benefitsVoluntary quitGood cause for leavingJob availabilityRelocation for personal reasonsDisqualification for benefitsAppellate reviewSubstantial evidenceMunicipality employmentHawaii job offer
References
0
Case No. ADJ9154970
Regular
Sep 07, 2017

DEVIN SMITH vs. STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

This case involves an inmate's workers' compensation claim where the primary issue was whether the applicant was an employee. The Workers' Compensation Appeals Board granted reconsideration, amending the initial findings to specify that the applicant sustained injury to his left thumb, which occurred in the course of his employment. While the employer disputed employee status, the Board affirmed the finding of injury to the thumb, deferring other claimed injuries. The Board's decision clarifies that the inmate was injured during his work duties, entitling him to benefits for the specific injury.

Workers' Compensation Appeals Boardinmate claimslegally uninsuredPetition for ReconsiderationFindings and Ordersworkers' compensation administrative law judgeinjurycourse of employmentbody partleft thumb
References
0
Case No. MISSING
Regular Panel Decision

Claim of Belfiore v. University of Rochester

This case involves an appeal from a Workers' Compensation Board decision. The claimant initially suffered right wrist de Quervain's disease and left wrist tenosynovitis in 1982 while employed at the University of Rochester. A second claim in 1999, during employment at IMPCO, established bilateral carpal tunnel syndrome, apportioned between the two injuries. In September 2000, the claimant sustained a right trigger thumb injury and sought to include it in her existing workers' compensation cases. A Workers' Compensation Law Judge found no causal relationship between the trigger thumb and prior occupational injuries, a decision affirmed by the Workers’ Compensation Board in March 2002 and amended in April 2002. The claimant's subsequent request for reconsideration was denied in December 2002, leading to an appeal that was ultimately dismissed as untimely, having been filed more than a year after the Board’s original decision and outside the 30-day window for appealing the denial of reconsideration.

Appeal DismissalUntimely AppealWorkers Compensation BoardOccupational InjuryDe Quervain’s DiseaseTenosynovitisCarpal Tunnel SyndromeTrigger ThumbCausal RelationshipSchedule Loss of Use
References
4
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