CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

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 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. MISSING
Regular Panel Decision
Jun 02, 2008

Claim of Laezzo v. New York State Thruway Authority

The claimant suffered a work-related slip and fall in 2002, leading to injuries including his head, neck, back, and knees. His morbid obesity contributed to his back and knee issues, prompting him to seek authorization for gastric bypass surgery. The Workers’ Compensation Law Judge approved the surgery, a decision affirmed by the Workers’ Compensation Board, which found the surgery causally related to the compensable injuries. The employer and its carrier appealed, challenging the causal link. The court affirmed the Board's decision, noting substantial evidence that the claimant's weight gain was a result of the sedentary lifestyle imposed by his injuries, and that the surgery would aid in his recovery.

Workers' CompensationConsequential InjuryGastric Bypass SurgeryMorbid ObesityMedical Treatment AuthorizationCausationKnee InjuryBack InjurySedentary LifestyleBoard Decision Appeal
References
2
Case No. ADJ3226482 (FRE 0237862)
Regular
Jul 02, 2009

JOEY BARELA vs. LEPRINO FOODS, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming the administrative law judge's finding of industrial injury to the applicant's low back. The Board found that the applicant's $34\%$ permanent disability rating, determined using the AMA Guides and the 2005 Schedule, was correct, even though the applicant self-procured back surgery after the defendant denied authorization. Despite the denial, the agreed medical examiner later opined the surgery was reasonable and necessary, and it relieved the applicant's symptoms, supporting the disability assessment. Defendant did not rebut the permanent disability calculation under Labor Code section 4660.

Self-procured surgeryAgreed Medical ExaminerPermanent disability ratingAMA GuidesLabor Code section 4660Utilization reviewSecond opinionDRE Category IVWhole Person ImpairmentReconsideration denied
References
8
Case No. MISSING
Regular Panel Decision

Claim of Stewart v. P & C Food Markets, Inc.

A claimant, who worked as a cashier, developed persistent leg and hip pain diagnosed as a slipped femoral epiphysis requiring surgery in August 1990. Following surgery, he allegedly developed chronic low back pain and filed for workers' compensation benefits. While surgeons opined that neither the slipped hip nor back pain were work-related, chiropractors testified otherwise. The Workers’ Compensation Board ruled in the claimant's favor, finding a causal relationship for both conditions. The employer and its insurer appealed, raising an issue about the chiropractors' qualifications which was deemed not properly preserved. The Appellate Division affirmed the Board's decision, finding substantial evidence for the causal relationship.

Workers' CompensationCausal RelationshipSlipped Femoral EpiphysisBack PainChiropractor TestimonyMedical Expert QualificationSubstantial EvidenceAppellate ReviewEmployer AppealInsurance Carrier
References
4
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. MISSING
Regular Panel Decision

Claim of Casiano v. CCIP/Union Settlement Home Care

In March 2001, claimant sustained a work-related back injury. Neurosurgeon Richard J. Radna recommended and performed decompression surgery despite the workers' compensation carrier denying preauthorization for the procedure. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board subsequently ruled that the surgery was not medically necessary, thereby absolving the carrier of liability for its cost. Claimant and Radna appealed this determination to the appellate court. Radna's appeal was dismissed due to lack of standing, and the Board's decision was affirmed, as it was within its purview to resolve the conflicting medical evidence presented by Radna and the carrier's neurosurgeon regarding the necessity of the surgery.

Workers' Compensation LawMedical NecessitySurgical ProcedurePreauthorization DenialNeurological InjuryConflicting Medical OpinionsAppellate ReviewStanding IssueCarrier LiabilityBack Injury
References
3
Case No. ADJ3306173 (SBR 0334432)
Regular
Oct 23, 2008

JOSE CABRERA vs. CALIFORNIA EXPANDED METAL PRODUCTS, INC., MAJESTIC INSURANCE COMPANY

This case concerns a worker's claim for low back surgery after an admitted industrial injury. The Appeals Board granted reconsideration because the record was unclear on whether the employer properly objected to the treating physician's surgery recommendation and followed the required second-opinion process under Labor Code § 4062(b). The matter was returned to the trial level for further proceedings to clarify these procedural issues before a final decision on surgery is made.

Workers' Compensation Appeals BoardPetition to ReopenQualified Medical EvaluatorPanel QMESpinal Surgery RecommendationSecond Opinion ReportLabor Code Section 4062(b)Timely ObjectionAdministrative DirectorFurther Proceedings
References
2
Case No. ADJ4016735 (BAK 0147536)
Regular
Jun 11, 2012

COLLEEN PARHAM vs. KERN RADIOLOGY MEDICAL GROUP, LEGION INSURANCE GROUP

This case involves an applicant seeking bilateral knee replacement surgery due to an admitted industrial back injury. The applicant argues the surgery is necessary to enable further treatment for her back, specifically a spinal cord stimulator. The defendants contested this, claiming the knee condition was independent and unrelated to the industrial injury. The Appeals Board granted reconsideration, finding the knee surgery reasonably required to relieve the industrial back injury, citing *Bolton* and *Rowan*, even if the knee condition itself was not industrial. The Board rescinded prior findings, awarding the knee surgery and deferring issues of permanent disability and temporary disability.

Workers' Compensation Appeals BoardReconsiderationFindings of FactBilateral Knee ReplacementIndustrial InjuryBack InjurySpinal Cord StimulatorTemporary Total DisabilityPermanent and StationaryQualified Medical Evaluator
References
8
Case No. 2020 NY Slip Op 02960
Regular Panel Decision
May 21, 2020

Matter of Robinson v. New York City Health & Hosps. Corp.

Jacqueline Robinson appealed a Workers' Compensation Board decision denying her request to reclassify her disability from permanent partial to temporary total following back surgery. Established with a permanent partial disability in 2015 for a 2009 work-related back injury, Robinson underwent back surgery in June 2018 and sought reclassification. The Workers' Compensation Law Judge (WCLJ) awarded temporary total disability payments for the post-surgery period up to the hearing date but reverted to permanent partial thereafter. The Board affirmed, finding no evidence that the surgery worsened her condition or caused "other trauma" or "significant reinjury." The Appellate Division, Third Department, affirmed the Board's decision, concluding it was supported by substantial record evidence.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityDisability ReclassificationBack InjurySurgical ImpactMedical Evidence ReviewSubstantial EvidenceWage-Earning CapacityAppellate Division
References
6
Case No. MISSING
Regular Panel Decision

Claim of Pawlak v. Ford Motor Co.

An assembly line worker, whose initial claim for a back injury in April 2000 was established, sought additional workers' compensation benefits for bilateral carpal tunnel syndrome and a neck injury, and reimbursement for back surgery performed in December 2000. The Workers' Compensation Board disallowed the additional claims, denied reimbursement for the surgery due to lack of authorization, and adjusted her compensation for the established back injury to reflect a moderate disability. On appeal, the court affirmed the Board's decision, finding the carpal tunnel claim untimely under Workers' Compensation Law § 28 and the neck injury claim improperly noticed under Workers' Compensation Law § 18, also lacking causal relation evidence. The court further agreed that proper authorization was not obtained for the back surgery as required by Workers' Compensation Law § 13-a (5) and 12 NYCRR 325-1.4. The appellate court concluded that substantial evidence supported the Board's decision in its entirety.

Workers' Compensation Law § 28Workers' Compensation Law § 18Workers' Compensation Law § 13-aBilateral Carpal Tunnel SyndromeBack InjuryNeck Injury ClaimUntimely ClaimLack of AuthorizationDisability RatingAppellate Division
References
4
Showing 1-10 of 2,954 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational