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

Case No. MISSING
Regular Panel Decision

Mitchell v. New York City Transit Authority

A bus driver sought workers’ compensation benefits for a herniated lumbar disk, attributing it to 22 years of operating buses. The Workers’ Compensation Board denied his claim, ruling he did not sustain an occupational disease arising from employment. Although his neurosurgeon's note linked the condition to employment, the neurosurgeon later declined to definitively establish causality. The Board found the medical proof insufficient. The appellate court affirmed the Board’s decision, finding its conclusion supported by the record.

occupational diseasecausal relationshipmedical evidenceWorkers' Compensation Boardbus driverlower back painherniated lumbar diskneurosurgeonwitness credibilityappellate review
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. 534917
Regular Panel Decision
Feb 09, 2023

Matter of Galdon v. Robert Basil Inc.

Claimant John Galdon, an autobody technician, filed a workers' compensation claim for a work-related back injury sustained on February 29, 2020. The employer and carrier disputed the claim, primarily citing a lack of timely notice. A Workers' Compensation Law Judge (WCLJ) found sufficient evidence for accident, notice, and causal relationship, awarding benefits, which the Workers' Compensation Board subsequently affirmed. On appeal, the Appellate Division, Third Department, upheld the Board's decision, determining that there was substantial evidence to support the finding that claimant provided adequate verbal notice to his employer shortly after the accident. The court also found substantial evidence for the causal relationship between Galdon's employment and his injury, based on his testimony and the consistent medical opinions of both his treating neurosurgeon, Michael Stoffman, and the carrier's examining neurosurgeon, Richard Kanoff.

Workers' CompensationBack InjuryTimely NoticeCausal RelationshipSubstantial EvidenceAppellate ReviewCredibility DeterminationDisc HerniationMedical OpinionEmployer Knowledge
References
9
Case No. MISSING
Regular Panel Decision
Oct 30, 2001

Claim of Cool v. TP Brake & Muffler, Inc.

Claimant, an automobile mechanic, injured his lower back in August 1997 and later participated in a demolition derby. He filed for workers' compensation, and a WCLJ initially awarded benefits without apportionment. The Workers' Compensation Board, however, directed further proceedings and subsequently apportioned claimant's disability 40% to the work incident and 60% to the demolition derby, based on neurosurgeon Ronald Naumann's testimony. The Appellate Division affirmed the Board's decision, finding its determination of apportionment to be supported by substantial medical evidence.

ApportionmentWorkers CompensationBack InjuryDemolition DerbyCausationMedical EvidenceSubstantial EvidenceAppellate ReviewTreating PhysicianNeurosurgeon
References
5
Case No. ADJ3699477 (OAK 0345390)
Regular
Jul 05, 2011

GARY TOMEI vs. BAY ALARM COMPANY, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves an applicant seeking authorization for cervical surgery, which was denied based on the treating physician's request not being properly formatted per AD Rule 9792.6(o). The Appeals Board granted reconsideration, finding the initial denial was due to the applicant's attorney adding a notation to the physician's report instead of the physician clearly marking it as a spinal surgery authorization request. The Board rescinded the original award, deferring the cervical surgery issue and ordering an expedited second opinion from a designated orthopedic surgeon or neurosurgeon.

Workers' Compensation Appeals BoardGary TomeiBay Alarm CompanyTravelers Property and Casualty Insurance CompanyADJ3699477Opinion and Order Granting Reconsiderationcervical surgerylumbar spineAdministrative Director Rule 9792.6(o)treating physician
References
1
Case No. MISSING
Regular Panel Decision
Jan 21, 1998

Claim of Zugibe v. Cornell & Co.

Claimant, an ironworker, sustained a broken wrist on October 5, 1992, during the course of his employment. The case was established for this injury. Subsequently, a neurosurgeon issued a report on September 20, 1994, diagnosing neck and back pain causally related to the 1992 accident, and this report was filed with the Workers’ Compensation Board on November 4, 1994. The Board ruled that the claim for neck and back injuries was time-barred by Workers’ Compensation Law § 28, as the report was filed more than two years after the accident. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence.

Workers' Compensation Law § 28Timeliness of ClaimStatute of LimitationsMedical Report FilingAccident DateNeck and Back InjuriesBroken WristSubstantial EvidenceAppellate ReviewNeurosurgeon Report
References
4
Case No. MISSING
Regular Panel Decision

Shady v. Tyson

Neurosurgeon Magdy S. Shady, an Assistant Professor at SUNY, sued multiple defendants including SUNY and hospital entities, alleging retaliation for raising patient care concerns. Shady sought a preliminary injunction to prevent the non-renewal of his faculty appointment and revocation of clinical privileges, claiming irreparable harm to his First Amendment rights, reputation, and practice. District Judge Spatt denied the motion, ruling that the plaintiff failed to demonstrate irreparable harm. The court noted that loss of employment and reputational damage are generally compensable by monetary awards and do not meet the stringent standard for injunctive relief, especially given the plaintiff's delay in filing the motion.

Preliminary InjunctionFirst Amendment RightsRetaliatory DischargeIrreparable HarmPublic EmploymentFaculty AppointmentClinical PrivilegesFree SpeechDue ProcessGovernment Personnel
References
24
Case No. MISSING
Regular Panel Decision

Hastrich v. Comm'r of Soc. Sec.

Plaintiff Robert A. Hastrich challenged the Commissioner of Social Security's denial of his disability insurance benefits. The District Court reviewed the Administrative Law Judge's five-step evaluation, which concluded Plaintiff was not disabled, despite his various medical conditions. Plaintiff specifically alleged errors in the ALJ's weighing of his treating neurosurgeon's opinion, the severity assessment of his carpal tunnel syndrome, the consideration of his daily activities, and the failure to address his learning disability. The Court ultimately upheld the Commissioner's decision, finding it supported by substantial evidence and free from legal error, and addressed each of Plaintiff's claims. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's motion was denied.

Social Security ActDisability Insurance BenefitsALJ DecisionTreating Physician RuleResidual Functional CapacityCarpal Tunnel SyndromeDaily ActivitiesLearning DisabilitySubstantial EvidenceMedical Opinion
References
25
Case No. ADJ18001417
Regular
Sep 05, 2025

CHRISTOPHER CANDIA vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Christopher Candia v. City and County of San Francisco. The Board adopted the Arbitrator's Report and Recommendation, which found applicant Christopher Candia's meningioma to be a compensable industrial injury. The decision was based on the cancer presumption under Labor Code section 3212.1 for firefighters, as the medical opinion of treating neurosurgeon Dr. Bruce McCormack classified the tumor as Grade II, indicating malignant features, and evidence showed Candia's exposure to carcinogens during his employment. The Board upheld the arbitrator's determination, giving greater weight to Dr. McCormack's opinion over the IME Dr. Raye Bellinger's.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportLabor Code Section 5909Electronic Adjudication Management Systemsubstantial evidenceneurosurgeontreating physicianIMEmeningioma
References
2
Case No. MISSING
Regular Panel Decision
Aug 08, 2005

Weinstein v. Somers Fire District

Claimant, a volunteer firefighter and self-employed real estate agent, sustained a back injury in July 2001 while performing duties. A Workers’ Compensation Law Judge found he suffered a permanent partial disability and a 50% loss of earning capacity under the Volunteer Firefighters’ Benefit Law, awarding benefits. The Workers’ Compensation Board affirmed this decision. The employer and its carrier appealed the decision. The court affirmed the Board's decision, citing substantial evidence including a neurosurgeon's report indicating chronic low back pain, reduced ability to work, and a moderate permanent disability. The report noted that the claimant's duties as a real estate agent were limited, and his average work hours had significantly decreased.

Volunteer firefighterloss of earning capacitypermanent partial disabilityback injuryreal estate agentneurosurgeon reportsubstantial evidenceWorkers' Compensation Boardappealbenefit law
References
4
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