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Case Law Database

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

Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Testerman v. Zielinski

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
Case No. MISSING
Regular Panel Decision
Dec 07, 1999

Rancano v. Chase Manhattan Bank

This case involves an appeal concerning a personal injury action where a plaintiff sustained injuries from a trip and fall over a step stool in an office corridor. The defendant premises occupant moved for summary judgment, arguing a lack of notice regarding the hazardous condition. The motion was denied by the Supreme Court, New York County (Harold Tompkins, J.). The appellate court unanimously affirmed this denial, finding that the plaintiff's submissions raised issues of fact concerning the cluttered corridor and whether the defendant had actual or constructive notice of the danger. The court also upheld the consideration of a co-worker's affidavit, which detailed prior complaints about the corridor's condition, as no prejudice or willful disobedience of disclosure obligations was demonstrated by the defendant.

Personal InjuryTrip and FallPremises LiabilitySummary Judgment MotionIssue of FactConstructive NoticeActual NoticeCo-worker AffidavitDisclosure DisputeAppellate Affirmance
References
3
Case No. MISSING
Regular Panel Decision

Claim of Steinhauser v. Ontario County

A motor vehicle representative experienced pain in her right elbow and hand after being required to work in an abnormal position at a new work station. Initially, a Workers' Compensation Law Judge classified her condition as an occupational disease. However, the Workers' Compensation Board reclassified it as an accidental injury, citing September 28, 2000, as the accident date. The employer appealed, contesting the change in theory and denying an accident occurred. The Appellate Division affirmed the Board's decision, drawing parallels to a previous case, Matter of Farcasin v PDG, Inc., involving similar circumstances of injuries from an ergonomically incorrect work station.

Workers' CompensationAccidental InjuryOccupational DiseaseErgonomicsWork Station InjuryElbow InjuryHand InjuryAppellate ReviewBoard DecisionCausation
References
1
Case No. MISSING
Regular Panel Decision

Claim of Carlson-Fanelli v. St. Luke's Memorial Hospital Center

Claimant, with a history of multiple chemical sensitivity, developed illness due to workplace exposure to various chemicals and fumes while working as a dietetic technician in a hospital. Her symptoms worsened significantly over time, particularly after increasing exposure in the hospital's kitchen, eventually leading her to cease employment in June 1997. Initially, the Workers’ Compensation Board found an occupational disease but later issued an amended decision recognizing it as an accidental injury, which the employer and carrier appealed. The Appellate Division affirmed the Board's amended decision, concluding there was substantial evidence that the claimant's preexisting condition was aggravated by her workplace environment. Medical testimony supported the finding that her exposure resulted in a totally disabling and permanent compensable injury.

Workers' CompensationAccidental InjuryOccupational DiseaseChemical SensitivityMultiple Chemical SensitivityPreexisting ConditionAggravation of ConditionWorkplace ExposureMedical TestimonyDisability
References
7
Case No. ADJ9150217
Regular
Jun 15, 2015

Raffi Khandikian vs. CITY OF LOS ANGELES, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns applicant Raffi Khandikian's eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits based on a cumulative trauma injury to his heart. The central dispute is whether the 35% permanent disability threshold for SIBTF eligibility, as established by Labor Code section 4751, should be calculated before or after an adjustment for diminished future earning capacity (DFEC). The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the DFEC adjustment *should* be included in the calculation, as Labor Code section 4751 only excludes adjustments for age and occupation. Consequently, the WCAB amended the prior decision to find the applicant met the SIBTF threshold and returned the case for benefit calculation. A dissenting opinion argued that DFEC should be excluded, relying on statutory interpretation and precedent that emphasized medical impairment.

Subsequent Injuries Benefits Trust FundSIBTFLabor Code section 4751Permanent DisabilityWhole Person ImpairmentWPIDiminished Future Earning CapacityDFECAgreed Medical ExaminerAdministrative Law Judge
References
5
Case No. MISSING
Regular Panel Decision

Allen v. Howe

Petitioners Allen and Spiegel, State employees, challenged their termination by respondents after cumulative one-year absences due to occupational injuries, arguing Civil Service Law § 71 required a continuous one-year absence. Petitioner Allen also alleged equal protection and due process violations, claiming disparate treatment compared to employees with non-occupational injuries under Civil Service Law § 73. The Court upheld the respondents' interpretation of Civil Service Law § 71 as rational and in furtherance of the State's interest in an efficient civil service. It rejected the equal protection and due process claims, finding the distinction between occupational and ordinary injuries to be rational and not in violation of constitutional guarantees. The Appellate Division's orders were affirmed.

Civil Service LawOccupational InjuryDisability LeaveEmployee TerminationEqual ProtectionDue ProcessAdministrative InterpretationStatutory InterpretationWorkers' Compensation BenefitsState Employees
References
17
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. CV-23-1061
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Seosi Song

Claimant Seosi Song, an assistant plan examiner, appealed a decision by the Workers' Compensation Board that denied her claim for workers' compensation benefits. Song alleged that she sustained physical injuries to her back, right knee, and right wrist, as well as psychological injuries, due to working unusually prolonged hours in a static position from home since April 2020 due to the COVID-19 pandemic. A Workers' Compensation Law Judge disallowed the claim, and the Board affirmed, finding that Song did not establish a causally-related occupational disease or accidental injury. The Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that the medical evidence was insufficient to establish a recognizable link between Song's condition and a distinctive feature of her occupation, or that her injuries resulted from unusual environmental conditions. The court also found no error in the Board's decision to disregard speculative medical evidence regarding psychological injuries.

Occupational Disease ClaimAccidental Injury ClaimRemote Work InjuriesCausation Medical EvidenceWorkers' Compensation Board AffirmationAppellate Division DecisionPhysical Injury ClaimsMental Health ClaimsBurden of Proof ClaimantStatic Position Work
References
12
Case No. 524849
Regular Panel Decision
Feb 01, 2018

Matter of Yonkosky v. Town of Hamburg

Claimant, a seasonal laborer for a municipal highway department, developed right shoulder problems in July 2014 and was later diagnosed with a torn rotator cuff. He filed a workers' compensation claim, asserting it was an occupational disease from emptying asphalt-filled wheelbarrows. The Workers' Compensation Board affirmed an award of benefits, classifying it as an occupational disease. The employer appealed, arguing it was an accidental injury, making the claim untimely. The Appellate Division, Third Department, reversed the Board's decision, finding insufficient evidence to establish a "recognizable link" between the injury and a distinctive feature of his employment to qualify as an occupational disease, and remitted the matter. The dissenting opinion argued that the strenuous nature of the work activity could constitute an occupational disease regardless of its prolonged duration.

Occupational DiseaseWorkers' Compensation LawRotator Cuff InjuryCausally Related InjuryAccidental InjuryTimeliness of ClaimRepetitive Stress InjuryAppellate ReviewSufficiency of EvidenceWorkers' Compensation Board
References
18
Case No. ADJ11443167, ADJ11442104
Regular
Dec 20, 2019

Darnell Hope vs. SMART & FINAL, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted reconsideration and rescinded prior awards, finding applicant's truck driver occupation should be classified under group 460 due to heavy loading/unloading duties. The Board also determined that the QME's apportionment opinion regarding spinal injuries lacked substantial evidence, reclassifying it as solely work-related. Consequently, the permanent disability ratings were increased to 5% for the 2016 shoulder/knee injury and 23% for the cumulative injury to the spine, shoulders, elbows, and wrists. The decision overturns the WCJ's findings on occupational group and apportionment, resulting in a higher disability award for the applicant.

AOE/COEQMEWCJoccupational group numberapportionmentsubstantial evidencepermanent partial disabilityAMA Guidespermanent disability rating scheduleDRE
References
0
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