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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
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision

Matter of Losardo v. Baxter Healthcare Corporation

Claimant, a truck driver, sought workers' compensation benefits for a back injury he alleged occurred in October 2007 while unloading a truck. A Workers’ Compensation Law Judge initially established the claim, but the Workers’ Compensation Board reversed this decision, finding insufficient credible medical evidence to support a work-related injury. The claimant subsequently appealed the Board's decision. The Appellate Division affirmed the Board's ruling, noting that medical records and testimony from treating physicians contradicted the claim of a work-related accident, instead suggesting a pre-existing condition and a non-work related injury at home. The court upheld the Board's broad authority to resolve credibility and draw inferences, concluding that its decision was supported by substantial evidence.

Back InjuryTruck DriverCompensable InjuryMedical EvidenceCredibilitySubstantial EvidenceAppellate ReviewDisability BenefitsWork-Related InjuryClaimant Testimony
References
4
Case No. MISSING
Regular Panel Decision

Claim of Thomasula v. Wilson Concrete & Masonry

Claimant sought workers' compensation benefits for a left shoulder injury sustained during employment. The Workers' Compensation Board denied the claim, finding claimant's testimony not credible due to a delay in seeking medical attention, failure to file an accident report, and admitting to misrepresenting the injury as non-work-related for private insurance. Claimant appealed, but the appellate court affirmed the Board's decision, upholding the Board's authority to resolve credibility issues. The court found substantial evidence supported the determination that the injury was not work-related. Claimant's remaining arguments were considered and rejected as lacking merit.

Workers' CompensationCredibility AssessmentAccidental InjuryEmployment InjuryMedical Attention DelayAccident ReportInsurance MisrepresentationAppellate ReviewSubstantial EvidenceBoard's Authority
References
3
Case No. ADJ9854290
Regular
Apr 10, 2017

MARY VIEIRA vs. PASO ROBLES TANK, INCORPORATED., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES

This case involves defendant's petition for reconsideration of a finding of total permanent disability due to an admitted industrial right ankle injury complicated by Complex Regional Pain Syndrome (CRPS). Defendant argues the Qualified Medical Evaluator's (QME) report lacks substantial evidence due to failure to review prior injury records and for not using DRE ratings. The Appeals Board granted reconsideration to admit a supplemental QME report that reviewed the prior injury records and did not alter the QME's opinions. The Board intends to admit this supplemental report unless good cause is shown within 15 days.

Complex Regional Pain SyndromeCRPSQualified Medical EvaluatorQMEsubstantial evidenceDRE ratingsAMA Guidessupplemental reportPetition for ReconsiderationFindings and Award
References
0
Case No. MISSING
Regular Panel Decision
Nov 27, 2006

Smolik v. Turner Construction Co.

The plaintiff, a Kings County resident, sustained injuries at a New Jersey construction site while working for a New Jersey employer. Following initial treatment and a New Jersey workers' compensation claim, the plaintiff initiated a personal injury action in New York against Turner Construction Company and Metrovest Equities, Inc., both New York corporations with operations in New Jersey. The defendants moved to dismiss the complaint on the basis of forum non conveniens, arguing New York was an inconvenient forum. The Supreme Court, Kings County, granted these motions, and the appellate court affirmed the dismissal, finding no improvident exercise of discretion given the lack of substantial nexus to New York.

Personal InjuryForum Non ConveniensDismissalAppealNew York CourtsNew Jersey SitusJurisdictionCPLR 327DamagesConstruction Site
References
9
Case No. ADJ6814665
Regular
Oct 29, 2010

JULIO GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's (WCJ) findings. The WCJ determined the applicant sustained admitted industrial injury to his left knee and non-admitted industrial injury to his right second toe, resulting in 25% permanent disability. The WCJ found the right second toe injury industrial based on hospital records indicating a fracture, despite the Agreed Medical Evaluator's (AME) opinion that it was not industrial. The defendant also challenged the attorney's fee, but the Board found they lacked standing.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings Award and OrdersIndustrial InjuryPermanent DisabilityAgreed Medical EvaluatorOrthopedistCausationRancho Los Amigos Hospital Records
References
7
Case No. ADJ8336436
Regular
Mar 25, 2016

CARMEN NAVARRO vs. VENICE COMMUNITY HOUSING CORPORATION, ATHENS ADMINISTRATORS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Carmen Navarro's petition for reconsideration. Navarro sought to establish her right knee injury as a compensable consequence of a prior admitted left knee injury. The WCJ's report, adopted by the WCAB, found the right knee injury to be non-industrial. Medical evidence, particularly from QME Dr. Williamson, indicated the right knee pain arose independently in August 2013, distinct from the earlier left knee injury and treatment period. The Board specifically rejected any consideration of "rashly undertaken" activity as irrelevant to the legal analysis.

WCABPetition for ReconsiderationWorkers' Compensation Appeals BoardVenice Community Housing CorporationAthens AdministratorsADJ8336436Los Angeles District OfficeWCJcompensable consequenceleft knee injury
References
1
Case No. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
6
Case No. ADJ3953602 (SRO 0133844) ADJ2646453 (SRO 0133845)
Regular
Dec 21, 2012

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed an earlier decision awarding applicant 100% permanent disability, less credits and fees, due to industrial injuries to his right knee, psyche, and lumbar spine. The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration, arguing the applicant's disability was solely from the latter injury and thus not eligible for SIBTF benefits. The Board accepted the applicant's late-filed answer to the SIBTF's petition and, agreeing with the original judge, denied the SIBTF's petition for reconsideration. The Board also admitted two exhibits previously marked for identification into evidence.

WORKERS' COMPENSATION APPEALS BOARDSUBSEQUENT INJURIES BENEFITS TRUST FUNDRECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYINDUSTRIAL INJURYPSYCHELUMBAR SPINEMAINTENANCE WORKERADMINISTRATIVE LAW JUDGE
References
2
Case No. 2018 NY Slip Op 02600
Regular Panel Decision
Apr 18, 2018

Garbett v. Wappingers Cent. Sch. Dist.

Thomas K. Garbett initiated a personal injury lawsuit against Wappingers Central School District after sustaining a foot injury from a falling boiler section. Wappingers then filed a third-party action against Garbett's employer, Siteworks Services NY Corp. The Supreme Court denied summary judgment for both Garbett on liability under Labor Law § 240 (1) and Wappingers to dismiss the complaint, citing triable issues of fact concerning statutory applicability and causation. However, the court granted Wappingers summary judgment for common-law indemnification against Siteworks, whose answer was stricken due to discovery non-compliance, thereby admitting to a grave injury. The Appellate Division affirmed the February 22, 2017 order, affirmed portions of the May 17, 2017 order, and dismissed an appeal regarding the denial of reargument.

Personal InjuryLabor Law 240(1)Summary JudgmentCommon-Law IndemnificationGrave InjuryDiscovery SanctionsAppellate ReviewCausationBoiler AccidentRoutine Maintenance
References
25
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