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

Case No. CV-24-2052
Regular Panel Decision
Dec 18, 2025

In the Matter of the Claim of John Maini

Claimant John Maini appealed a Workers' Compensation Board decision that awarded him a 22.5% schedule loss of use (SLU) for his left foot, resulting from a ruptured Achilles tendon suffered in June 2022. The Board had modified a Workers' Compensation Law Judge's finding of a 40% SLU. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision. The Court found that the Board properly credited the opinion of the employer's consultant, whose interpretation of the 2018 Workers' Compensation Guidelines for Determining Impairment, specifically special consideration 6 regarding Achilles tendon ruptures, was consistent with the plain language of the guidelines and prior case law. The Court emphasized that range of motion deficits solely attributable to the Achilles tendon rupture could not be added to the SLU value assigned under special consideration 6, thereby supporting the 22.5% award.

schedule loss of useAchilles tendon ruptureworkers' compensation guidelinesmedical opinionsubstantial evidencemaximum medical improvementrange of motionappellate revieworthopedic surgeonpermanent impairment
References
12
Case No. 2018-01-0313
Regular Panel Decision
Nov 21, 2019

Lane, Michael L. v. Viskase Companies, Inc.

Michael L. Lane, an employee, sought medical and temporary disability benefits for a ruptured left wrist tendon sustained at work while pulling a stuck latch. The case involved conflicting medical opinions from Dr. Sanabria, who attributed the injury to pre-existing arthritis, and orthopedic surgeon Dr. Ivey, who considered it a work-compensable traumatic rupture. The Court, despite a presumption for Dr. Sanabria's opinion, found Dr. Ivey's explanation more plausible due to his specialization and surgical findings. Consequently, the Court granted Mr. Lane's claim for medical benefits, ordering the employer, Viskase Companies, Inc., to cover Dr. Ivey's treatment and authorize him as the treating physician. However, the claim for temporary disability benefits was denied as no physician had taken the employee off work.

Workers' CompensationMedical BenefitsTemporary DisabilityCausation DisputePre-existing ConditionWrist Tendon RuptureOrthopedic SurgeryConflicting Medical OpinionsExpedited HearingRebuttable Presumption
References
3
Case No. 2016-03-0991
Regular Panel Decision
Jun 23, 2017

Soles, wesley v. Kirkland's Pest Control

Mr. Soles, a pest control technician, claimed a left knee injury on August 30, 2016, while descending stairs and carrying insecticide for Kirkland's Pest Control. He reported a 'pop' and 'gush of pain' but denied stumbling or any defects in the stairs. He had a pre-existing gout condition in the same knee. Medical evaluations, including an MRI recommended by Dr. Rick Parsons, revealed a patellar tendon tear. Kirkland's denied the claim, citing an idiopathic incident and pre-existing condition. The court found that Mr. Soles did not establish that a condition or hazard incident to his employment caused or exacerbated his injuries, denying his claim for temporary disability and medical benefits.

Workers' CompensationExpedited HearingIdiopathic InjuryPre-existing ConditionKnee InjuryPest Control TechnicianGoutPatellar Tendon TearBurden of ProofArising Out of Employment
References
16
Case No. 532665
Regular Panel Decision
May 19, 2022

In the Matter of the Claim of Christian Vasquez

Christian Vasquez, a demolition worker, filed a claim for workers' compensation benefits after injuring his left ankle from a fall off a ladder at work. The employer and carrier controverted the claim, arguing a prior soccer injury and discrepancies in testimony. The Workers' Compensation Board found a work-related injury and awarded benefits, upholding the statutory presumption for unwitnessed accidents and crediting the claimant's testimony. The Board also relied on medical opinions that the severe Achilles tendon rupture could not have been sustained prior to the work incident given the claimant's ability to work. The Appellate Division affirmed the Board's decision, finding its findings supported by substantial evidence and its credibility determinations reasonable.

Workers' CompensationAccidental InjuryLeft Ankle InjuryLadder FallDemolition WorkUnwitnessed AccidentStatutory PresumptionCausal RelationshipMedical EvidenceCredibility Determination
References
9
Case No. Docket No. 2018-08-0644, State File No. 65793-2017
Regular Panel Decision
Dec 26, 2018

Hurd, James v. Kellogg Company

Mr. James Hurd, an operations supervisor at Kellogg Company, sustained a knee injury while descending stairs at work on August 27, 2017. Kellogg denied his claim, deeming it an idiopathic injury. Mr. Hurd sought medical treatment with Dr. Marc Mihalko, who surgically repaired a ruptured quadriceps tendon. The Court of Workers’ Compensation Claims at Memphis conducted an Expedited Hearing and ruled that Mr. Hurd's injury likely arose out of his employment, rejecting Kellogg's idiopathic injury defense. Consequently, the Court ordered Kellogg to pay Mr. Hurd's medical bills, continue treatment with Dr. Mihalko, and awarded attorney's fees due to Kellogg's wrongful denial of the claim.

Workers' CompensationKnee InjuryIdiopathic InjuryMedical BenefitsAttorney's FeesExpedited HearingCausationEmployment HazardTennessee LawQuadriceps Tendon Rupture
References
11
Case No. 2022-03-0262
Regular Panel Decision
Nov 21, 2023

BURDESHAW, CHARLES v. SCOTT MANAGEMENT, LLC

Charles Burdeshaw, an over-the-road truck driver for Scott Management, LLC, sought workers' compensation for a left shoulder injury sustained while loading laptops. He was treated by Dr. Brian Holloway and later Dr. John Reynolds, who initially identified a rotator cuff tear and biceps tendon rupture potentially linked to the incident. However, Dr. Reynolds subsequently revised his opinion, concluding that Mr. Burdeshaw's employment was not the primary cause of his condition. Scott Management filed a motion for summary judgment, citing Mr. Burdeshaw's failure to present expert medical evidence establishing causation. The Court granted the summary judgment, dismissing the claim with prejudice due to the absence of medical proof connecting the injury to his employment as required by law.

Summary JudgmentWorkers' Compensation ClaimsCausationMedical Expert OpinionRotator Cuff InjuryBiceps Tendon RuptureDegenerative OsteoarthritisBurden of ProofTennessee LawMotion to Dismiss
References
1
Case No. MISSING
Regular Panel Decision

Wilhelm v. Krogers

Michael Wilhelm, a case picker for Krogers, suffered a back and left hip injury in 2004, which he alleged was a direct result of a prior compensable Achilles tendon rupture in 1999, causing him to walk with a limp and develop Reflex Sympathetic Dystrophy (RSD). The trial court initially awarded him 35% permanent partial disability. The Special Workers’ Compensation Appeals Panel affirmed, deeming the injury idiopathic but compensable due to employment hazards. However, the higher court reversed, ruling that the 2004 injuries were not compensable as they did not arise out of employment (walking on a level, obstacle-free surface is not a special hazard). Furthermore, the court determined that the lump-sum settlement for the 1999 injury barred recovery for the subsequent complications, as they were a natural and probable result of the initial impairment and were contemplated at the time of settlement.

Workers' Compensation LawIdiopathic FallPre-existing Medical ConditionReflex Sympathetic DystrophyLump Sum Settlement AgreementCausal ConnectionArising Out Of EmploymentCourse of EmploymentSpecial Hazard ExceptionSubsequent Injury Claims
References
25
Case No. 2019-01-0463
Regular Panel Decision
Feb 24, 2020

Noblitt, Vickie v. Green Acres Produce

Ms. Vickie Noblitt, a baker at Green Acres Produce, suffered an upper right-arm injury on May 8, 2019, while lifting a heavy container of bleach, leading to a biceps tendon rupture. Green Acres Produce, an uninsured employer, disputed the work-relatedness of the injury and initially refused further medical treatment after an urgent-care visit and ultrasound. The Court granted Ms. Noblitt's request for medical benefits, ordering Green Acres to provide an orthopedist panel for her injury, finding that the injury likely arose from her employment. However, the Court denied temporary disability benefits due to insufficient medical evidence proving work restrictions or the duration of disability. The decision also established Ms. Noblitt's eligibility for limited medical expenses from the Uninsured Employers Fund, given Green Acres' lack of workers' compensation insurance at the time of the incident.

Expedited HearingMedical BenefitsTemporary Disability DeniedUninsured EmployerArm InjuryBiceps Tendon RuptureOrthopedist ReferralEmployer LiabilityUninsured Employers FundTennessee Law
References
1
Case No. 2020 NY Slip Op 06434 [188 AD3d 1403]
Regular Panel Decision
Nov 12, 2020

Matter of Liuni v. Gander Mtn.

Claimant Joseph D. Liuni sustained a left distal bicep tendon rupture in 2007, resulting in a 22.5% schedule loss of use (SLU) award for his left arm. In 2014, he established a workers' compensation claim for his right shoulder, which was later amended in 2016 to include a consequential injury to his left shoulder. A physician determined a 27.5% SLU for the left arm due to the 2016 injury, which, when combined with the prior award, totaled an overall 50% SLU. The Workers' Compensation Board modified a WCLJ's determination, ruling that the bicep and shoulder injuries are not eligible for separate SLU awards as they both fall under awards for the left arm. Consequently, the Board deducted the 2007 22.5% SLU from the 2016 27.5% SLU, resulting in a 5% SLU award for the left arm. The Appellate Division affirmed the Board's decision, emphasizing that Workers' Compensation Law § 15 (3) limits SLU awards to statutorily enumerated members and that separate awards for subparts of a body member would constitute an unauthorized monetary windfall.

Schedule Loss of Use (SLU)Workers' CompensationAppellate DivisionThird DepartmentLeft Arm InjuryBicep Tendon RuptureShoulder InjuryPrior Award DeductionMonetary WindfallStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Richman v. NYS Unified Court System

This case concerns an appeal regarding a Workers' Compensation Board decision. The claimant suffered an unwitnessed injury at work, leading to a presumption of compensability under Workers' Compensation Law § 21 (1). The employer attempted to overcome this presumption with an expert's opinion suggesting the ruptured aneurysm was unrelated to employment. However, the Board found the expert's testimony not credible, particularly due to evasiveness regarding the role of work-induced stress and high blood pressure in the aneurysm's rupture. The Appellate Division affirmed the Board's conclusion, finding no basis to disturb the finding that the employer failed to present sufficient evidence to rebut the presumption of compensability.

Workers' CompensationAneurysmWork StressPresumption of CompensabilityExpert CredibilityUnwitnessed InjuryBlood PressureMedical OpinionBoard DecisionAppellate Review
References
4
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