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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Singletary v. Apfel

Plaintiff Sylvester M. Singletary appealed the Commissioner of Social Security's denial of disability insurance benefits, leading to this action under 42 U.S.C. § 405(g). The Court reviewed the final determination, including an Administrative Law Judge's decision, which the Appeals Council upheld. The central issue revolved around the ALJ's rejection of Singletary's treating physician's opinion of total disability, which the ALJ deemed unsupported by objective evidence, specifically the absence of disc herniation. The Court found that the ALJ arbitrarily substituted his lay opinion for competent medical evidence and ignored other objective findings like degenerative disc disease and disc bulging. Consequently, the Commissioner’s decision was not supported by substantial evidence, and the case was remanded solely for the calculation of benefits, with the plaintiff's motion for judgment on the pleadings granted.

Disability BenefitsSocial Security ActTreating Physician RuleSubstantial Evidence ReviewDegenerative Disc DiseaseChronic PainSpinal ImpairmentALJ ErrorRemandFederal Court Review
References
13
Case No. MISSING
Regular Panel Decision

Claim of Scalzo v. St. Joseph's Hospital

The claimant, a patient account representative, suffered a back injury (herniated L5-S1 disc and bulging discs) on May 18, 2000, after abruptly rising from her chair to avoid an object at work. Her claim for workers' compensation benefits was controverted by her employer and its carrier, arguing the injury was idiopathic. However, both a Workers' Compensation Law Judge and the Workers' Compensation Board found the accident established, relying on medical evidence, lay testimony, and the presumption under Workers’ Compensation Law § 21 (1). The employer appealed this decision. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the injury arose out of and in the course of employment, and that credibility issues were for the Board to resolve.

Workplace InjuryBack InjuryHerniated DiscBulging DiscWorkers' Compensation BenefitsAccident Arising Out of EmploymentCourse of EmploymentPresumption of Arising Out of EmploymentCredibility IssueSubstantial Evidence
References
6
Case No. MISSING
Regular Panel Decision

Claim of Avila v. St. Francis Hospital

In this Workers' Compensation case, the claimant, an orderly, sustained a low back injury in 1965 while employed by St. Francis Hospital. Initially diagnosed with a lumbo-sacral strain and an unstable back, a lump-sum settlement was approved in 1969 based on a mild causally related partial disability. Nearly a decade later, in 1978, the claimant applied to reopen the settlement due to severe leg pain and a confirmed extruded disc at L5-S1, requiring a laminectomy. The Workers’ Compensation Board reversed a Law Judge's finding, determining that there was a change in condition and degree of disability not contemplated at the time of the original settlement. The Special Fund for Reopened Cases appealed this decision, arguing against the reopening. The Appellate Division affirmed the Board's decision, citing that the definitive change from a mild disability to a herniated disc requiring surgery was an uncontemplated medical condition change, justifying the reopening under Workers’ Compensation Law § 15 (5-b).

Reopened CaseLump-Sum SettlementPermanent Partial DisabilityHerniated Lumbar DiscLaminectomyChange of ConditionUncontemplated Medical ConditionWorkers' Compensation Board DecisionAppellate ReviewMedical Evidence
References
2
Case No. MISSING
Regular Panel Decision
Nov 29, 1979

Claim of Wolf v. Exxon Corp.

The Workers' Compensation Board found that the claimant sustained an accidental injury arising out of and in the course of employment on November 5, 1975, after lifting two projectors and a screen, which led to a diagnosis of a herniated disc at L4-L5. The board also excused the statutory written notice requirement, citing an unwitnessed accident, prompt medical attention, and no prejudice to the self-insured employer, who had timely knowledge of the claimant’s hospitalization. The court affirmed the board's decision, concluding that it was supported by substantial evidence in all respects.

back painherniated discL4-L5accidental injurycourse of employmentstatutory notice excusedunwitnessed accidentprompt medical attentionself-insured employersubstantial evidence
References
0
Case No. MISSING
Regular Panel Decision
Jun 23, 1978

Keefer v. Norton Co.

This case involves an appeal from a decision by the Workers’ Compensation Board. The Board found that the claimant suffered an occupational disease, specifically a herniated disc, due to repetitive lifting of heavy belts during employment. The Board determined that the employment acted upon the claimant's condition to cause a disability that previously did not exist, referencing Perez v. Pearl-Wich Co. The appellate court affirmed the Board's decision, concluding that it was supported by substantial evidence. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

Occupational DiseaseHerniated DiscRepetitive LiftingWorkers' Compensation BoardAppellate ReviewDisability CausationSubstantial EvidenceBoard Decision AffirmedEmployment-Related Injury
References
3
Case No. ADJ9623223
Regular
Aug 04, 2015

KORI HARDING vs. ABM INDUSTRIES

The Workers' Compensation Appeals Board affirmed a finding that an applicant was entitled to a chiropractic QME panel. The Board found the defendant's objection and request for an orthopedic QME panel did not comply with Rule 31.5(10) as the Medical Unit did not determine the initial specialty was "medically or otherwise inappropriate for the disputed medical issue(s)." Newly discovered evidence of disc herniation was deemed insufficient to change this outcome, as the initial determination was flawed. The WCAB affirmed the original award directing use of the chiropractic QME panel.

Workers' Compensation Appeals BoardQualified Medical EvaluatorQME PanelMedical UnitPrimary Treating PhysicianChiropractic CareOrthopedicsRule 31.5(10)Industrial InjuryReplacement Panel
References
3
Case No. MISSING
Regular Panel Decision

Claim of Messina v. Speranza

The case involves an appeal regarding a claimant's refusal to undergo further back surgery after an initial unsuccessful operation for a herniated disc, leading to permanent disability. The Administrative Law Judge initially discontinued benefits, but the Workers’ Compensation Board reversed, finding the refusal reasonable based on medical testimony detailing the risks and lack of guarantee of success. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant's refusal was not unreasonable, considering his prior surgical experiences and the potential for worsened condition or paralysis.

Back InjuryHerniated DiscRefusal of SurgeryReasonableness of RefusalPermanent DisabilityMedical OpinionAppellate ReviewWorkers' Compensation BoardSubstantial EvidenceSurgical Complications
References
3
Case No. MISSING
Regular Panel Decision
Aug 05, 1997

Claim of Bates v. Marine Midland Bank

The claimant, a bank recovery adjuster, developed a herniated disc as a result of cradling a telephone with his neck while working at a computer terminal. The Workers’ Compensation Board initially determined that this was a causally related occupational disease and awarded benefits. The employer and its workers’ compensation insurance carrier appealed this decision. The court reversed the Board's decision, concluding that the claimant's condition was caused by the specific configuration of his work space and equipment use, rather than a distinctive or unique feature of his occupation. Consequently, the claimant failed to establish that he suffered from an occupational disease, and the case was remitted to the Workers’ Compensation Board for further proceedings.

Workers' CompensationOccupational DiseaseHerniated DiscBank Recovery AdjusterWorkplace ErgonomicsCausationAppealWorkers' Compensation BoardSubstantial EvidenceRepetitive Strain Injury
References
7
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Shady Lawn Home for Adults

Claimant, a licensed practical nurse, sustained a herniated disc on May 6, 1974, while working at Shady Lawn Home for Adults. She reported the injury and filed a claim for compensation. The referee found a compensable injury and employer notice, which the Workers’ Compensation Board affirmed, also upholding the right to make continuing awards. Appellants challenged the medical evidence and the Board's jurisdiction on appeal. The Appellate Division affirmed the Board’s decisions, finding substantial evidence for causal relation and confirming the Board's authority to grant awards, while deeming the notice issue unpreserved for review.

Workers' CompensationHerniated DiscCausal RelationshipNotice of InjuryAppellate ReviewSufficiency of EvidenceContinuing AwardsBoard JurisdictionEmployer LiabilityMedical Testimony
References
7
Case No. MISSING
Regular Panel Decision

Claim of Monroe v. Town of Chester

Claimant, a highway department mechanic, suffered a back injury on April 18, 1997, exacerbating a pre-existing disc herniation. After surgery and initial benefits, his condition led to disability retirement. The employer challenged the benefits, alleging fraud, seeking apportionment, and disputing the causal relationship of the surgery to the accident. The Workers’ Compensation Board found against the employer on all points, determining no fraud, no voluntary withdrawal from the labor market, and no apportionment. The Board's decisions from February 9, 2005, March 17, 2006, and May 8, 2006, were appealed by the employer. The Appellate Division affirmed the Board's rulings.

Back InjuryWorkers' Compensation LawPre-existing ConditionCausationApportionmentDisability RetirementMedical ExaminationFraud AllegationVoluntary WithdrawalLumbar Laminectomy
References
9
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