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

Case No. ADJ979743 (VNO 0482899)
Regular
Jun 01, 2010

Mikhail Arkhipov vs. M&M ELECTRIC, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a prior award that erroneously identified him as "Abel Vargas" and omitted an injury to his nose. The WCAB granted reconsideration to correct these errors. The decision amends the original award to correctly name the applicant, Mikhail Arkhipov, and includes an industrial injury to his nose. The original $37\%$ permanent disability rating and other benefits remain affirmed.

Petition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardWCJindustrial injurythoracic spinenose injurypsyche injurypermanent disabilitytemporary disability indemnity
References
0
Case No. ADJ7721471
Regular
Jun 18, 2012

DANIEL MURPHY vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's basal cell carcinoma is not an insidious progressive disease, therefore jurisdiction cannot be reserved for future permanent disability beyond the statutory five-year limit. The Board amended the findings to state that the injury was to the applicant's nose, not all sun-exposed skin, and future basal cell carcinomas would be considered new injuries. This decision clarifies that the applicant's current award covers the injury to his nose, and any future skin cancers will require separate claims.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundDaniel MurphyHighway Patrol Officerbasal cell carcinomainsidious progressive diseasereservation of jurisdictionLabor Code section 5804General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson)
References
8
Case No. ADJ3412693 (LAO 0833154)
Regular
Jan 25, 2016

COLINE ANTOURI vs. WARNER BROTHERS STUDIO, Permissibly Self-Insured, Adjusted by WARNER BROTHERS WORKERS' COMPENSATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of 100% permanent disability. The Board found that a prior final determination of no new and further psychiatric disability precluded any compensation based on such injury. Therefore, the applicant is only entitled to medical treatment for the established industrial injury to her lungs, nose, and throat, and nothing further by way of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardSet Watch OfficerIndustrial InjuryRhinosinusitisPetition to ReopenPermanent DisabilityApportionmentPsychiatric Injury
References
5
Case No. ADJ12304192
Regular
Mar 27, 2023

JOANNA ELLIOTT vs. PEPPERDINE UNIVERSITY, ADMINISTERED BY GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended the WCJ's decision. While the applicant is presumed to have sustained injury AOE/COE for asthma and digestive issues, the issue of lung disease and nose/throat injury AOE/COE was not properly framed for trial. Therefore, this specific issue has been deferred, pending further proceedings. The WCAB affirmed the WCJ's other findings based on the existing record.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardLung DiseaseAsthmaUpper Digestive SystemNose and Throat InjuryDeferred IssueFindings and OrderMedical Evidence
References
0
Case No. ADJ8470184, ADJ8470181, ADJ8470183
Regular
Dec 30, 2013

JOSE VASQUEZ vs. CARDENAS MARKETS, INC., CARL WARREN & COMPANY

This Workers' Compensation Appeals Board decision grants the applicant's Petition for Reconsideration. The Board affirms the prior award concerning injuries to the right elbow, wrist, hand, nose, and associated sleep loss. However, the Board defers the decision on the applicant's cumulative trauma claim (ADJ8470184) to allow for further development of the medical record. This follows the WCJ's recommendation that additional input from medical experts is needed before a final determination on the cumulative trauma issue.

Workers' Compensation Appeals BoardJose VasquezCardenas MarketsInc.Carl Warren & CompanyADJ8470184ADJ8470181ADJ8470183Joint Findings and AwardWCJ
References
3
Case No. ADJ7719699
Regular
Nov 26, 2012

SUZANNE TRAVER vs. KONOCTI UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration on its own motion to correct factual errors in a prior dismissal order. Specifically, the Board misstated the Administrative Law Judge's findings regarding the applicant's industrial injuries. The corrected decision clarifies that the ALJ found injury to the applicant's nose, hand, knee, lip, and carpal tunnel syndrome in her right upper extremity. Importantly, the ALJ's original findings and award remain in full effect.

Workers' Compensation Appeals BoardKonocti Unified School DistrictKeenan & AssociatesPetition for ReconsiderationPetition to ReopenFindings and AwardIndustrial InjuryRight Upper ExtremityCarpal Tunnel SyndromeOsteonecrosis
References
0
Case No. MISSING
Regular Panel Decision
Jul 26, 1982

Claim of Smith v. Mallory Timers Co. Division of P. R. Mallory & Co.

The claimant sustained a compensable nose injury in June 1977 and was subsequently terminated for absenteeism, which included the dates of her injury. She filed a discrimination complaint under Workers’ Compensation Law, § 120, alleging wrongful termination, a claim affirmed by the Workers’ Compensation Board on June 29, 1979. On appeal, the court affirmed the board's finding of discrimination. However, it reversed the board's later decision of July 26, 1982, concerning her entitlement to reinstatement and back wages after January 6, 1978, citing intervening economic layoffs and company policy. The matter was remitted for further proceedings consistent with the court's findings.

DiscriminationWrongful TerminationAbsenteeismWorkers' Compensation LawBack WagesReinstatementEconomic ConditionsCompany PolicyAppellate ReviewSubstantial Evidence
References
1
Case No. 2018 NY Slip Op 00827 [158 AD3d 622]
Regular Panel Decision
Feb 07, 2018

Matter of Deandre A.

The appellant, Deandre A., appealed an order of fact-finding and disposition from the Family Court, Westchester County, which adjudicated him a juvenile delinquent. The Family Court found that he committed acts that, if committed by an adult, would constitute attempted strangulation in the second degree, criminal obstruction of breathing or blood circulation, and attempted assault in the third degree. These findings were based on evidence that the appellant put his hands around a social worker's neck, applied pressure, and covered her nose and mouth, causing pain and leaving marks. The Appellate Division affirmed the order, finding the evidence legally sufficient and the Family Court's fact-finding determination not against the weight of the evidence.

Juvenile DelinquencyAttempted StrangulationCriminal Obstruction of BreathingAttempted AssaultLegal Sufficiency of EvidenceWeight of EvidenceFamily Court AppealAppellate ReviewSocial Worker AssaultCriminal Law
References
12
Case No. MISSING
Regular Panel Decision
Feb 18, 1988

Claim of De Carr v. New York State Workers' Compensation Board

The claimant, an employee of the Workers’ Compensation Board, suffered a broken nose while playing softball in an off-duty State agency league. The Board initially found the injury compensable, citing the use of State-owned fields, interoffice mail, and employer equipment for league activities. However, the appellate court reversed this decision, referencing a 1983 amendment to Workers’ Compensation Law § 10 (1) which limits benefits for off-duty athletic injuries to instances of employer-required participation, compensation, or overt sponsorship. The court determined that the Board's cited factors constituted only incidental contact rather than overt employer encouragement or sponsorship, thus dismissing the claim as the injury did not arise out of and in the course of employment.

Workers' Compensation Law § 10(1)off-duty athletic injuryemployer sponsorship criteriaincidental employer contactreversal of Board decisionclaim dismissalcompensability of sports injuriesstatutory interpretationWorkers' Compensation Board appeal1983 amendment impact
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Liberty Mutual Fire Insurance & Malatino

Marcia Malatino sustained facial lacerations and a broken nose after walking into sheet metal protruding from a coworker's parked pickup truck. After settling with the coworker's insurer and receiving workers' compensation, she sought additional compensation through arbitration under her supplemental underinsured motorists policy with the petitioner. The petitioner sought to stay arbitration, arguing the injuries did not arise from the vehicle's "ownership, maintenance or use" and that workers' compensation was the exclusive remedy. The Supreme Court granted the stay, but the appellate court reversed, finding a causal connection between the truck's use to transport the sheet metal and Malatino's injuries. The appellate court also determined that the exclusive remedy provision of Workers' Compensation Law § 29 (6) was inapplicable as the truck's use was unrelated to employment.

Underinsured Motorist CoverageArbitration StayInsurance Policy InterpretationWorkers' Compensation ExclusivityMotor Vehicle UseProximate CauseAppellate ReviewFulton CountyPersonal InjuryInsurance Law
References
7
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