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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

Claim of Hulbert v. Cortland County Sheriff's Department

Claimant, a former Cortland County Sheriff’s Deputy, sustained severe work-related injuries in 1981, leading to permanent disability and awarded workers' compensation benefits. Subsequently, the self-insured employer disputed medical bills incurred between 2005 and 2006 for a pacemaker infection, suspecting the claimant settled a third-party malpractice action without consent. The Workers’ Compensation Law Judge (WCLJ) found in favor of the medical providers due to the employer's failure to present evidence of such a settlement despite multiple adjournments. The Workers’ Compensation Board affirmed the WCLJ's decision, citing the employer's lack of diligence in timely submitting evidence, including a stipulation of discontinuance. The employer's appeal for full Board review was also denied.

Workers' CompensationThird-Party ActionMalpractice SettlementEmployer ConsentForfeiture of BenefitsAdjournment DenialBoard ReviewDue DiligenceEvidence SubmissionPanel Decision
References
9
Case No. MISSING
Regular Panel Decision

Barnes v. Calgon Corp.

Plaintiff John A. Barnes, employed by Pacemaker Employee Service and assigned to Calgon Corporation, sustained injuries from chemical fumes while cleaning a transport vehicle tank. Barnes filed a negligence suit against Calgon and Mobil, while Calgon initiated a third-party complaint against Pacemaker for contractual indemnification. The court granted Calgon's motions for summary judgment, determining that a contract between Calgon and Pacemaker established Calgon as Barnes's employer for workers' compensation purposes, thus barring Barnes's negligence claim. Furthermore, the court found Pacemaker contractually obligated to indemnify Calgon for all claims and associated legal costs, including attorneys' fees.

Workers' CompensationNegligenceSummary JudgmentIndemnificationBorrowed Servant DoctrineRight to ControlContractual LiabilityToxic FumesChemical AccidentEmployer Immunity
References
12
Case No. ADJ10807559, ADJ11213172
Regular
Mar 04, 2019

KIM JOHNSTON JIMENEZ vs. ARROYO GRANDE COMMUNITY HOSPITAL

The WCAB granted reconsideration and rescinded the WCJ's decision, finding the medical record needed further development. The applicant sustained a left knee injury, and subsequently developed a severe infection requiring extensive treatment. Defendant argued the infection and treatment were not industrially caused, as an infection can arise independently of prior injury. The Board remanded for further proceedings to determine if the recommended treatment is necessary for the industrial condition or if it's independent of the injury.

Arroyo Grande Community HospitalSedgwick Claims ManagementPetition for ReconsiderationFindings of FactDr. Ferroindustrial basisstipulated Awardpermanent disabilitymedical treatmentrevision left knee arthroplasty
References
16
Case No. MISSING
Regular Panel Decision

Svensson v. Securian Life Insurance

Plaintiff Paul Svensson sued Securian Life Insurance Company to claim a $200,000 accidental death benefit for his wife, Providencia R. Svensson, who died from bronchopneumonia after inhaling a community-spread Group A streptococcus bacterial pathogen. The accidental death policy covered deaths resulting from 'accidental injury' but excluded illness or disease, and infections unless occurring simultaneously with and as a result of an 'accidental injury.' The Court, presided over by Judge Kenneth M. Karas, granted Defendant's motion to dismiss, finding that contracting an infection through normal means, like airborne transmission, does not constitute an 'accidental injury' under New York law or the policy's terms. The court distinguished this from cases where infection results from a separate, traumatic injury, concluding that the policy was not drafted to cover pneumonia contracted from the ambient air.

Accidental Death InsuranceInsurance Policy InterpretationContract LawAccidental Injury DefinitionInfection Exclusion ClauseDisease CoverageWorkers' Compensation Law ComparisonNew York LawMotion to DismissSummary Judgment
References
60
Case No. MISSING
Regular Panel Decision

Thompson v. Stolar

Maria G. Thompson filed a medical and chiropractic malpractice lawsuit against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center after suffering knee injuries and subsequent infections allegedly caused by their treatment. Thompson had prior knee issues and surgeries, and Dr. Stolar administered knee injections which likely caused an infection due to improper technique. Dr. Marioni was found negligent for failing to make an emergent referral when Thompson presented with signs of infection. The appellate court reversed the judgment against Dr. Marioni due to insufficient evidence of causation regarding his delayed referral and Thompson's auto-fusion. The court affirmed the judgment against Dr. Stolar and upheld the jury's zero damage awards for certain categories, citing other contributing factors to Thompson's injuries and the payment of past medical expenses by worker's compensation.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSteroid InjectionsKnee FusionMedical NegligenceCausationApparent AgencyDirected Verdict
References
45
Case No. ADJ13344359
Regular
Mar 10, 2023

ANGELA DAWSON vs. PATTON STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

This case involves an applicant claiming a psyche and internal system injury due to COVID-19 infection sustained at work. The WCAB rescinded the prior decision, finding the trial judge erred by disregarding differing medical opinions on causation and by improperly applying a strict latency period calculation. The Board found the medical record undeveloped, necessitating further proceedings to establish a probable date of infection and work-related exposure. The matter was returned to the trial level for further development of evidence and a new decision.

COVID-19industrial causationmedical evidencelatency periodreasonable medical probabilitysubstantial evidenceworkers' compensationvocational rehabscope of employmentworkplace exposure
References
20
Case No. ADJ8689638
Regular
Dec 01, 2016

AVI AZOULAY vs. CITY OF ORANGE, YORK SERVICES

The Appeals Board denied the defendant's Petition for Reconsideration, upholding its prior decision that applicant Avi Azoulay sustained an industrial injury. The Board found that Azoulay's bacterial infection, which spread to his bloodstream from his colon, qualified as a "blood-borne infectious disease" under Labor Code section 3212.8. This presumption of industrial causation applied despite the infection originating internally, as the statute's language and purpose encompass such conditions. Consequently, the defendant failed to overcome the presumption and provide evidence that the condition existed prior to employment.

Labor Code section 3212.8presumption of industrial causationblood-borne infectious diseasejuvenile correction officerPetition for Reconsiderationbacterial infectionpathogenic microorganismsanti-attribution clausedivericulitisscar
References
2
Case No. MISSING
Regular Panel Decision
Jul 30, 1929

Texas Employers' Ins. Ass'n v. Mitchell

This case concerns an employee, Mrs. Mitchell, who sustained an injury from an infected vaccination wound. Her employer mandated the vaccination during a smallpox epidemic, not as a public health measure, but to prevent business disruption. The court ruled that the infection constituted an accidental injury and that the employer-mandated vaccination, despite occurring off-hours and off-premises, was incidental to her employment, making the injury compensable under the Workmen's Compensation Law. The judgment was modified to award Mrs. Mitchell a lump sum of $2,680.04 with interest, affirming the compensability of her injury and overruling the appellant's arguments.

Vaccination InjuryMandatory VaccinationEmployment ScopeAccidental InfectionCompensabilityEmployer DirectiveBusiness InterestTexas Civil AppealsWage ComputationLump Sum Award
References
18
Case No. MISSING
Regular Panel Decision
Aug 02, 1996

Claim of Dongarra v. Village of Ossining

This case involves an appeal from a Workers' Compensation Board decision that found a clerical worker for the Village of Ossining sustained a compensable injury. The claimant developed acute endometritis and an E-coli infection, which was linked to her workspace in a converted sewage treatment plant where raw sewage pumps were located under her desk. The employer challenged the sufficiency of proof regarding the causal connection between the claimant's employment and her illness. The court affirmed the Board's decision, determining that there was substantial evidence to support the finding of a causally related E-coli infection. It emphasized that medical opinions only require a probable cause supported by a rational basis, not absolute certainty.

Workers' CompensationE-coli InfectionOccupational DiseaseCausal RelationshipMedical CertaintySubstantial EvidenceAppellate ReviewGynecological ProblemsOffice EnvironmentSewage Exposure
References
3
Case No. 2021-01-0857
Regular Panel Decision
Nov 25, 2024

Graham, Lella v. CHI Memorial Healthcare System

The employee, Lella Yvonne Graham, alleged a compensable lung injury from COVID-19 contracted at her workplace, CHI Memorial Healthcare System, due to exposure to infected coworkers and patients. The employer denied the claim, asserting no evidence of the infection arose primarily from employment. The trial court denied the employee's motion to continue and granted summary judgment to the employer, dismissing the case. The Workers' Compensation Appeals Board affirmed the trial court's decision, finding no error in the grant of summary judgment based on the lack of medical causation evidence from the employee and addressing the employer's alleged failure to file specific notices.

COVID-19 InjuryWorkers' Compensation AppealSummary JudgmentMedical CausationPulmonary ImpairmentEmployment ExposureAppeals Board DecisionDenial of BenefitsContinuance MotionExpert Medical Testimony
References
9
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