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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
Sep 10, 1997

Reese v. Key Tronic Corp.

Zorena A. Reese filed a diversity action against Ontel Corporation, Key Tronic Corporation, and Lockheed Corporation, alleging personal injuries from using an Ontel keyboard during her employment at New York Telephone Company. She claims to have suffered cumulative trauma injuries (bilateral median nerve entrapment and carpal tunnel syndrome) with symptoms appearing in mid-1990. Defendants moved for summary judgment, arguing her claims were time-barred by the three-year statute of limitations, contending the period began with her first exposure to the keyboard. The Magistrate Judge recommended denying the defendants' motions, distinguishing repetitive stress injuries from toxic torts and stating that the statute of limitations commences upon the first onset of symptoms. The District Court adopted this recommendation, denying the motions and noting a genuine issue of material fact regarding the exact onset date of plaintiff's symptoms.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentAccrual DateToxic Tort DistinctionProduct LiabilityComputer Keyboard InjuryPersonal InjuryDiversity Jurisdiction
References
16
Case No. MISSING
Regular Panel Decision

Evans v. Key Tronic Corp.

Plaintiff Maureen Evans sued White Pine Software, Visual T.I., Inc., Ontel Corporation, Key Tronic Corporation, Visual Technology Incorporated, and Lockheed Corporation, alleging personal injuries from using a defective computer keyboard during her employment. Defendants moved for summary judgment, arguing her claims were barred by the statute of limitations. Magistrate Judge Foschio recommended denying the motions, concluding that for repetitive stress injuries, the three-year statute of limitations commences upon the first onset of symptoms, not the first use of the product. Since Evans experienced symptoms in December 1992 and filed suit in May 1995, her complaint was timely. District Judge Arcara adopted the Report and Recommendation, thereby denying defendants' motions for summary judgment.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentProduct LiabilityAccrual of Cause of ActionNew York Civil Practice Law and RulesFederal JurisdictionToxic Tort DistinctionComputer Keyboard Injury
References
16
Case No. MISSING
Regular Panel Decision

Matter of Scuderi v. Mazzco Enterprises

Claimant, a union carpenter, filed a workers' compensation claim in 2010 for bilateral carpal tunnel syndrome, which was deemed an occupational disease with a disability onset of June 25, 2010. The workers’ compensation carrier for his last employer, Mazzco Enterprises, sought to apportion liability among claimant’s previous employers, including JD Consulting LLC. The Workers’ Compensation Board ultimately determined the disease was contracted on August 14, 1998, and assigned 45% of the liability to JD Consulting and its carrier. JD Consulting and its carrier appealed, contending that the Board's selection of the contraction date lacked substantial evidentiary support, as the claimant could not recall the onset of symptoms and his treating physician provided no definitive opinion on the matter. The Appellate Division concurred, reversing the Board's decision and remitting the case for further proceedings due to the insufficient evidence supporting the chosen date of contraction.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeApportionment of LiabilityEmployer LiabilitySubstantial EvidenceAppellate ReviewReversalRemittalNew York Law
References
8
Case No. ADJ9074464
Regular
Sep 30, 2014

MARIA LARIOS vs. EASTSIDER MOTEL, STATE FARM

The Workers' Compensation Appeals Board denied Maria Larios's petition for reconsideration. This upheld the finding that Larios did not sustain an injury arising out of and occurring in the course of employment. The Board found that the applicant lacked credibility due to numerous inconsistencies in her testimony regarding the onset of symptoms, reported injuries, and circumstances of her employment. Therefore, the treating physician's report, which relied on the applicant's discredited statements, was insufficient to establish injury.

AOE/COEPetition for ReconsiderationWCJ credibilitymedical evidenceapplicant credibilitytreating physiciandeposition testimonyadministrative law judgeworkers' compensationEviderce Code § 776
References
1
Case No. ADJ10186320
Regular
Feb 19, 2019

ELEUTERIO POLINA, vs. RALPHS GROCERY STORE

The Workers' Compensation Appeals Board denied Ralphs Grocery Store's petition for reconsideration. Defendant argued the administrative law judge erred in finding hypertension and stroke industrially caused. The Board affirmed the judge's decision, relying on the qualified medical evaluator's opinion that work stress and night shift work were contributing factors to the applicant's hypertension, which in turn led to the stroke. The Board emphasized that industrial factors only need to be a contributing cause for an injury to be compensable, and the location of symptom onset is irrelevant if the exposure occurred during employment.

HypertensionStrokeWork StressNight ShiftCumulative InjuryMedical CausationQualified Medical EvaluatorCardiologistCircadian RhythmCatecholamine
References
6
Case No. ADJ940068
Regular
Jun 22, 2010

JUAN GUZMAN vs. PEAK HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding that applicant Juan Guzman did not sustain an industrial injury. Guzman claimed he contracted Valley Fever due to his agricultural employment in 2002. The Board adopted the Workers' Compensation Judge's report, which found defendant's medical expert's opinion more credible. This expert concluded that the incubation period of Valley Fever, and the applicant's symptom onset in 2006, made an industrial exposure in 2002 unlikely. The Board found applicant failed to prove a connection between his condition and his employment, and did not demonstrate a dormant infection originating from his work.

CoccidioidomycosisValley FeverPetition for ReconsiderationIndustrial InjuryMedical EvidenceIncubation PeriodDormant InfectionPro PerStipulations and IssuesFindings and Order
References
4
Case No. ADJ8399186
Regular
Jul 25, 2013

MARIBEL HERNANDEZ vs. NORMA'S RESTAURANT; FARMERS

The Workers' Compensation Appeals Board (WCAB) denied Maribel Hernandez's petition for reconsideration. The WCAB adopted the reasoning of the WCJ, who found that the applicant did not sustain an injury arising out of and in the course of employment (AOE/COE). This decision was based on the totality of the record, including inconsistencies in the applicant's testimony regarding symptom onset and information provided to her physician, as well as her delay in seeking medical treatment and not missing work. The WCAB deferred to the WCJ's credibility findings, which it found were not arbitrary, and determined that Dr. Hunt's report did not constitute substantial evidence due to its failure to incorporate subsequent medical findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility findingsubstantial medical evidenceDr. Timothy HuntDr. RafaelEMG studyAOE/COE analysisinconsistency in testimonyapplicant credibility
References
3
Case No. ADJ10075042
Regular
Nov 23, 2020

ANGEL FLORES vs. THE KROGER COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kroger Company sought reconsideration of a Workers' Compensation Appeals Board decision awarding applicant Angel Flores benefits for bilateral knee and right shoulder injuries sustained as a maintenance worker from 1995 to 2015. The defendant argued the Qualified Medical Evaluator's (QME) opinion was not substantial evidence. The Board denied the petition, finding the QME's later reports, after clarifying applicant's 20-year work history and job duties, provided substantial evidence of cumulative trauma injury. The QME's initial opinion was based on a misunderstanding of applicant's symptom onset, which he later corrected after further evaluation.

Permanent DisabilityCumulative TraumaSpecific InjuryPanel Qualified Medical EvaluatorPQMEIndustrial InjuryCausationSubstantial Medical EvidencePetition for ReconsiderationWCJ
References
1
Case No. ADJ1748495 (SAC 0288002)
Regular
Jan 25, 2010

ERIC STEWART vs. SOLON FIRE CONTROL, CAMBRIDGE SAN DIEGO

This case involves an applicant claiming workers' compensation for sarcoidosis allegedly caused by occupational exposure to dry fire extinguisher chemicals. The administrative law judge initially found no industrial causation, favoring the defendant's medical examiner over the applicant's. On reconsideration, the Appeals Board affirmed this decision, finding the applicant failed to prove it was reasonably probable his condition arose from employment due to a lack of early irritative symptoms and the presence of prior skin lesions. The dissenting commissioner argued that the applicant's credible testimony and the applicant's QME's report sufficiently established industrial causation, as sarcoidosis can have an insidious onset.

SarcoidosisIndustrial causationQualified Medical Examiner (QME)Dry fire extinguisher chemicalsCumulative traumaPulmonary systemSkin involvementMedical evidenceOccupational exposureImmunologic processes
References
2
Case No. MISSING
Regular Panel Decision
Jan 14, 1998

Antholzner v. Key Tronic Corp.

Plaintiffs Judith Antholzner and Richard Antholzner filed a personal injury action against several computer keyboard manufacturers and distributors, alleging cumulative trauma injury from keyboard use. Defendants moved for summary judgment, asserting the claims were barred by New York's statute of limitations. Magistrate Judge Foschio issued a Report and Recommendation, distinguishing repetitive stress injuries from toxic torts and concluding the statute of limitations begins at the first onset of symptoms, not initial exposure. District Judge Arcara adopted the Magistrate Judge's recommendation, denying the defendants' motions for summary judgment and scheduling a meeting to set a trial date.

Repetitive Stress InjuryCumulative Trauma DisorderCarpal Tunnel SyndromeStatute of LimitationsSummary Judgment MotionPersonal InjuryProduct LiabilityComputer Keyboard InjuryAccrual of Cause of ActionToxic Tort Distinction
References
16
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