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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 Huss v. Tops Markets, Inc.

In 1985, claimant sustained a right shoulder injury while employed by Dunlop Tire, resulting in a permanent partial disability. In 1998, he re-injured the same shoulder while working for Tops Markets, Inc., leading to a new workers' compensation claim. An impartial specialist attributed 85% of the disability to the 1985 injury and 15% to the 1998 injury. Although a Workers' Compensation Law Judge initially rejected apportionment, the Board reversed and applied the 85/15 apportionment. Claimant appealed, contending apportionment was unwarranted due to his disclosure of the prior injury and lack of prior disability symptoms. The Appellate Division affirmed the Board's decision, finding substantial medical evidence to support the apportionment.

Workers' CompensationPermanent Partial DisabilityApportionmentPrior InjuryShoulder InjuryCausal RelationshipMedical Expert TestimonyBoard DecisionAppellate ReviewExacerbation
References
3
Case No. MISSING
Regular Panel Decision
Jun 19, 1980

Claim of Pollara v. Air France

The Workers' Compensation Board ruled that the claimant's permanent partial disability stemmed entirely from a May 20, 1976, accident, precluding apportionment despite a prior 1953 back injury. The claimant, a former Navy boiler tender, had undergone back surgery in 1953 but returned to full duty and subsequently worked over two decades in physically demanding roles without significant issues until the 1976 incident at an airline. The appellate court affirmed the Board's decision, finding substantial evidence, including medical testimony, supported the finding that the claimant had no pre-existing compensable disability at the time of the 1976 injury. The court noted that apportionment is inapplicable when a prior condition did not constitute a compensation-related disability.

ApportionmentDisabilityBack injuryLaminectomyPre-existing conditionWorkers' CompensationMedical testimonySubstantial evidencePermanent partial disabilityAppellate review
References
8
Case No. MISSING
Regular Panel Decision

Claim of Lloyd v. New Era Cap Co.

The claimant, a sewing machine operator, suffered a permanent low back injury in a 2003 workplace fall, leading to an award of workers' compensation benefits. The self-insured employer sought reimbursement from the Special Disability Fund, arguing for apportionment of the disability with a preexisting 1975 gunshot wound. However, the Workers’ Compensation Law Judge and the Board denied this request, finding the claimant to have a permanent total disability solely due to the 2003 accident, thus precluding reimbursement under Workers’ Compensation Law § 15 (8) (d). The appellate court affirmed the Board's decision, emphasizing the Board's authority to reclassify disabilities and its non-binding nature of party stipulations that are not properly approved. The court found substantial evidence supported the Board's determination that the 2003 accident alone caused the permanent total disability.

Workers' CompensationSpecial Disability FundReimbursementPermanent Total DisabilityPreexisting ImpairmentApportionmentMedical EvidenceBoard AuthorityStipulationAppellate Review
References
17
Case No. MISSING
Regular Panel Decision
Jul 29, 1980

Claim of Butts v. Ward La France Trucking Corp.

The Workers’ Compensation Board found claimant’s disability to be 45% attributable to a March 1976 work accident, 10% to an August 1977 nonrelated accident, and 45% to a November 1977 work accident. The employer's carrier for the second work accident appealed the 45% apportionment. The court found no substantial evidence to support the Board's apportionment, citing testimonies from Dr. Burke, who attributed 90% of disability to the first work accident, and Dr. Corradini, who believed the first accident's disability ended by January 1977 and the current disability was primarily from the nonrelated accident. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Disability ApportionmentWork-Related InjuryNon-Related InjuryMedical Expert TestimonySubstantial Evidence ReviewWorkers' Compensation BoardAppellate ReviewReversal of DecisionRemittal for Further ProceedingsInsurance Carrier Dispute
References
0
Case No. ADJ7936482
Regular
Apr 20, 2020

EXTELA MONTIEL vs. MICRO SOLUTIONS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further study factual and legal issues concerning an applicant's permanent disability award. Key disputes involve the correct permanent disability indemnity rate, with the defendant arguing for a lower weekly rate based on the injury date, and the validity of the $60\%$ permanent disability finding due to conflicting medical opinions. The Board found deficiencies in the medical evidence regarding psychiatric permanent disability and issues with the apportionment of that disability. Consequently, the Board deferred resolution of temporary disability, the EDD lien, permanent disability, apportionment, and the permanent disability rate pending further record development.

Petition for ReconsiderationFindings and AwardSupervising assemblerAdmitted industrial injuryNon-admitted injuryCervical spinePsychePermanent disabilityLabor Code section 4658(d)GAF
References
10
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
Case No. MISSING
Regular Panel Decision

Claim of Rafferty v. Four Corners, LLC

Claimant sustained two work-related back injuries, one in 1996 causing permanent partial disability and another in 2003 affecting his back and neck. A Workers’ Compensation Law Judge determined that claimant had a marked partial disability and apportioned it equally between both accidents. The Workers’ Compensation Board affirmed this apportionment decision, prompting the claimant's appeal. The Appellate Division affirmed the Board's finding, concluding that substantial medical evidence and the claimant's work history supported the application of apportionment for his current disability. The finding of apportionment, however, did not extend to medical treatment for the claimant's neck and upper right extremity.

ApportionmentDisabilityWorkers' Compensation AwardWork-Related InjuryBack InjuryNeck InjuryPermanent Partial DisabilityMedical EvidencePrior Compensable InjurySocial Security Disability Benefits
References
3
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
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