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

Case No. 06-cv-05285
Regular Panel Decision
Oct 29, 2014

Muszkatel v. 90 Church Street Ltd. Partnership

Jerzy Muszkatel, an asbestos abatement worker, sued multiple defendants (owners, environmental consultants, contractors, subcontractors) for common law negligence and violations of New York Labor Law sections 200 and 241(6), alleging injuries from working in buildings near the World Trade Center post-9/11 due to inadequate safety equipment and procedures for "alkaline-based" dust. The District Court, presided by Judge Alvin K. Hellerstein, denied in part and granted in part the defendants' motions for summary judgment. The court found triable issues of fact regarding supervisory control and premises liability under Labor Law 200 for most defendants across multiple sites (2 World Financial Center, 90 Church Street, 140 West Street). It also sustained Section 241(6) claims for these sites concerning specific Industrial Code violations (23-1.5(c)(3), 23-1.7(h), 1.8(c)(4), 23-1.8(b)(l)), but dismissed claims for work at 101 Barclay Street and 7 Dey Street due to lack of "construction, excavation or demolition" activity, and dismissed all claims against Indoor Environmental Technologies, Inc.

asbestos abatementWorld Trade Center9/11 clean-upsummary judgmentNew York Labor Lawnegligenceindustrial code violationsoccupational hazardspersonal protective equipmentsite safety
References
29
Case No. ADJ10771579
Regular
Aug 08, 2018

Gabriel Ruano vs. Mayekawa USA, SOMPO JAPAN INSURANCE COMPANY OF AMERICA, BROADSPIRE

This case involved a worker claiming industrial injury to multiple body parts. The Appeals Board granted the employer's petition for reconsideration to correct the Findings of Fact. The Board amended the Findings to accurately reflect all injured body parts, including the psyche, and removed an incorrectly listed body part. Ultimately, the Board affirmed the original decision with these specified amendments.

Petition for ReconsiderationFindings of Factsubstantial evidencemedical reportsprimary treating physicianBal S. Grewal Ph.D.Report and Recommendationinjured body partspsychecervical spine
References
0
Case No. ADJ9312928
Regular
Sep 11, 2019

Jeffrey DaVanon vs. Oakland Athletics, ACE Insurance Company, Sedgwick Claims Management

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The applicant, a former professional athlete, claimed cumulative trauma injury to multiple body parts, including gastrointestinal issues, neurological problems, and a sleep disorder not initially identified. The Board found that the WCJ erred by excluding medical evidence for these later-identified body parts, as they were included in the parties' stipulations and could have arisen or worsened after the applicant's deposition. The case is returned for further proceedings, allowing admission of relevant medical records and deferring final decisions on disputed body parts and permanent disability.

Mandatory Settlement ConferencePetition for ReconsiderationCumulative TraumaProfessional AthleteStatute of LimitationsLabor Code Section 5405Labor Code Section 5412Discovery CloseBifurcationIndependent Medical Evaluator
References
6
Case No. EUR 038931
Regular
Aug 08, 2007

STANLEY HOLCOMB, JR. vs. THE PACIFIC LUMBER COMPANY

This case concerns the application of the 104-week temporary disability payment limit under Labor Code Section 4656(c)(1) for a single cumulative injury to multiple body parts. The Board affirmed the judge's decision, holding that the statute applies regardless of whether one or multiple body parts are affected by a single injury. The specific commencement date for the 104-week period was deferred, with jurisdiction reserved for the parties to resolve this issue.

Workers' Compensation Appeals BoardStanley Holcomb Jr.The Pacific Lumber CompanyOpinion and Decision After ReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)Aggregate Disability PaymentsCompensable WeeksDate of CommencementCumulative Injury
References
2
Case No. ADJ18492736
Regular
Sep 30, 2025

MARIA HERNANDEZ vs. VALLARTA FOOD ENTERPRISES, INC.; SAFETY NATIONAL CASUALTY CORPORATION

The Workers' Compensation Appeals Board reviewed a petition for reconsideration filed by Safety National Insurance, challenging a WCJ's finding that Maria Hernandez sustained injury to multiple body parts. The Board found the treating physician's report lacked substantial medical evidence due to inadequate records and a flawed job description. Additionally, the Qualified Medical Evaluator's (QME) reports were incomplete and inconsistent regarding all body parts except the left hand. Consequently, the Board granted reconsideration, rescinded the original decision, and substituted new findings, determining that Hernandez sustained a cumulative injury only to her left hand while deferring the issue of injury to other body parts for further development of the record.

WCABPetition for ReconsiderationFindings of Fact and Ordersubstantial medical evidenceQualified Medical Evaluator (QME)cumulative traumabilateral shoulderswristshandsleft hand injury
References
19
Case No. ADJ8533165
Regular
Mar 08, 2016

Margarito Trujillo vs. Cardenas Markets, Inc.

This case involves a worker claiming industrial injury to multiple body parts. The WCJ initially found injury only to the abdomen but applicant argued other claimed injuries were not addressed. The Appeals Board granted reconsideration to clarify the issues. They are rescinding the WCJ's decision and deferring the determination of injured body parts and the nature/extent of injury for further proceedings at the trial level.

Workers' Compensation Appeals BoardReconsiderationFindings of FactInjury AOE/COELabor Code section 5402Presumption of CompensabilityMandatory Settlement ConferencePre-Trial Conference StatementParts of Body InjuredNature and Extent of Injury
References
2
Case No. ADJ6906058
Regular
Dec 16, 2013

LUIS TIJERINO vs. KTTV FOX 11 NEWS, Permissibly Self-Insured, Administered By GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. While affirming the finding of 73% permanent disability and industrial injury to multiple body parts, the Board corrected clerical errors. Specifically, the lower back was added to the list of injured body parts, and the applicant was explicitly granted further medical treatment for all orthopedic injuries. The Board clarified that these amendments corrected inadvertent omissions, not substantive judicial errors.

Petition for ReconsiderationFindings of Fact and AwardIndustrial InjuryPermanent DisabilityAgreed Medical ExaminerVocational ExpertsClerical ErrorCompensable ConsequenceOrthopedic InjuriesChronic Pain Syndrome
References
3
Case No. ADJ1426823 (LAO 0827477) MF ADJ2131871 (LAO 0822426)
Regular
Dec 14, 2012

, Applicant, BASIA PUJDAK vs. , NATIONAL NOTARY ASSOCIATION;, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, in liquidation; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board granted reconsideration of a judge's award finding applicant sustained cumulative injuries to multiple body parts and was 100% permanently disabled. The Board rescinded the award due to uncertainty regarding specific injured body parts for each cumulative trauma period and the distinct liabilities of defendants SCIF and CIGA. It also ordered a 15% attorney's fee and remanded the case for a new decision clarifying liabilities and potentially including the left elbow and shoulder injuries.

CIGASCIFFremont Insuranceliquidationcumulative traumapermanent disabilityapportionmentfuture medical treatmentattorney's feesreconsideration
References
5
Case No. ADJ8433514
Regular
Mar 22, 2019

EZEQUIEL MELGOZA vs. PRKACIN COMPANY, EVEREST NATIONAL INSURANCE COMPANY

This case involves an applicant who sustained industrial injuries to multiple body parts including shoulders, wrists, spine, ribs, sternum, and psyche. The defendant appealed the finding of 73% permanent disability, arguing it was unsupported by medical evidence and improperly calculated. The Appeals Board affirmed the original award, finding substantial medical evidence supported the assigned impairments for each body part. The Board also upheld the decision to add bilateral upper extremity disabilities due to a synergistic effect, rather than combining them under the Combined Values Chart.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityWhole Person ImpairmentDRE Cervical Category IIIAMA GuidesCombined Values ChartSynergistic EffectOrthopedicsDr. Ganjianpour
References
6
Case No. ADJ11332263
Regular
Jul 22, 2019

ERIKA MEDINA vs. THE BICYCLE CASINO, LP, GALLAGHER BASSETT SERVICES

This case involves an applicant alleging cumulative trauma injury to multiple body parts while employed by The Bicycle Casino. The trial judge found injury AOE/COE to several body parts, but the defendant sought reconsideration, arguing insufficient evidence and improper exclusion of a post-termination defense. The Appeals Board granted reconsideration, finding the medical record needed further development regarding causation, particularly with the QME. They also ruled that the WCJ acted within discretion by not permitting the post-termination defense to be raised at trial without prior proper notice.

AOE/COEPetition for ReconsiderationFindings of Fact and OrderWCJPost-termination defenseQMECredibility determinationSubstantial evidenceCumulative traumaMedical opinion
References
25
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