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

Case No. ADJ987312 (OAK 0273831) ADJ1314100 (OAK 0273829) ADJ2663048 (OAK 0273830) ADJ10521891
Regular
Nov 07, 2016

LORETTA LITTLE vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed findings of industrial injury for bilateral plantar fasciitis, lumbar spine, knees, right ankle, and bilateral carpal tunnel. The Board rescinded findings in one case that was not properly set for trial. Three cases were returned to the trial level for specific determinations on temporary disability indemnity and a petition to terminate benefits. The Board also upheld the denial of a penalty claim, the deferral of self-procured medical treatment reimbursement, the permanent and stationary date, and the applicant's occupational group number.

Petition for ReconsiderationPetition for RemovalFindings Award and OrdersIndustrial InjuryBilateral Plantar FasciitisLumbar Spine InjuryBilateral Knee InjuryRight Ankle InjuryCarpal Tunnel SyndromeOccupational Group Number
References
8
Case No. MISSING
Regular Panel Decision

Claim of Gibbs v. New York City Health & Hospital Corp.

A claimant filed for workers' compensation due to work-related plantar fasciitis and heel spurs. The self-insured employer controverted the claim, and a Workers’ Compensation Law Judge (WCLJ) found accident and notice based on the claimant's testimony. The employer sought review from the Workers’ Compensation Board, which refused to consider the application, deeming the WCLJ's decision non-final and imposing a penalty for delay. This appeal ensued, and the Appellate Division dismissed it as premature. The court ruled that the Board's decision, declining review and imposing a penalty, was interlocutory and not presently appealable.

Workers' CompensationAppeal DismissedInterlocutory OrderPremature AppealWorkers' Compensation BoardSelf-Insured EmployerAccident and NoticePlantar FasciitisHeel SpursPenalty Assessment
References
3
Case No. 2016-08-0977
Regular Panel Decision
Mar 09, 2018

Smith, Stephanie v. TJ Maxx

Stephanie Smith, an employee of TJ Maxx, sought additional medical and temporary disability benefits for a foot injury sustained in July 2016. She suffered a puncture wound, but subsequent diagnoses by authorized physician Dr. John Lochemes, including a ganglion cyst and plantar fasciitis, were deemed unrelated to the work injury. TJ Maxx argued it had paid all entitled benefits and that Dr. Lochemes' causation opinion was presumed correct. The Court denied Ms. Smith's request, finding she failed to establish that the compensable injury contributed more than 50% to her medical care needs or a causal connection for additional temporary disability benefits, effectively upholding Dr. Lochemes' findings.

Workers' CompensationExpedited HearingFoot InjuryPuncture WoundMedical Benefits DeniedTemporary Disability DeniedCausation DisputeMedical OpinionOrthopedic SurgeonPlantar Fasciitis
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Cortland County & CSEA, Inc.

Petitioners, Cortland County Sheriff and Cortland County, were parties to a collective bargaining agreement with an unnamed respondent union. A correction officer, Lawrence Jackson, was placed on family and medical leave due to a work restriction related to plantar fasciitis, preventing him from working mandatory overtime. The respondent union filed a grievance alleging a violation of the CBA, which petitioners denied, leading the respondent to demand arbitration. Petitioners then sought to permanently stay arbitration, but the Supreme Court denied their application and compelled arbitration. On appeal, the court affirmed the Supreme Court's decision, finding the dispute arbitrable as it related to the CBA's provisions on work schedules, overtime, and light-duty assignments, and no public policy considerations prohibited arbitration.

ArbitrationCollective Bargaining AgreementWork RestrictionMandatory OvertimeDisability BenefitsPlantar FasciitisGrievanceStay of ArbitrationAppellate ReviewPublic Employment
References
15
Case No. MISSING
Regular Panel Decision

Riley v. Aetna Casualty & Surety

Plaintiff Joyce K. Riley suffered from plantar fasciitis and heel spurs due to repetitive manual labor at Collins & Aikman. Despite initial treatment and surgery by Dr. J. Wills Oglesby, her condition worsened. A second opinion from Dr. Alan S. Henson led to another surgery and a diagnosis of permanent partial disability, causing a permanent limp and back pain. The trial court awarded temporary total disability benefits and permanent partial disability. Defendants appealed on grounds of insufficient notice, the period of temporary total disability, and the nature of the disability. The Supreme Court affirmed the trial court's decision, finding adequate notice, justification for the disability period, and that the injury extended beyond a scheduled member to affect the body as a whole.

Worker's Compensation AppealTemporary Total DisabilityPermanent Partial DisabilityNotice RequirementsPlantar FasciitisHeel SpursRepetitive TraumaOccupational InjuryMedical EvidenceCausation
References
10
Case No. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
7
Case No. 2015-01-0245
Regular Panel Decision
Dec 22, 2015

Schultz, Larry Thomas v. Astec, Inc.

Larry Thomas Schultz, an employee, sustained a right knee sprain on May 1, 2015, while working for Astec, Inc. He later developed necrotizing fasciitis in his right leg and left arm, leading to extensive hospitalization and multiple surgeries. Astec denied liability, arguing the infection was due to pre-existing diabetes and unrelated to the work injury, relying on the opinion of the authorized treating physician, Dr. Hutcheson. The Court found Dr. Hutcheson's opinion to have limited weight due to incomplete information and lack of direct assessment of the fasciitis. The Court accepted the opinions of the treating physicians (Drs. Hunt, Sizemore, Nowotarski, and Jemison), who affirmed a work-related causation for both the knee injury and the subsequent infection. Consequently, the Court granted Mr. Schultz's request for temporary total disability benefits from June 2, 2015. However, the request for medical benefits for unauthorized treatment at Erlanger Hospital was denied at this time, citing a lack of evidence regarding communication with Astec prior to seeking emergency care, except for authorized treatment by Dr. Ricky L. Hutcheson.

Knee InjuryNecrotizing FasciitisMedical BenefitsTemporary DisabilityCausation DisputePre-existing ConditionExpert Medical OpinionExpedited HearingJudicial ReviewEmployee Rights
References
11
Case No. MISSING
Regular Panel Decision

Claim of Wightman v. Clinton Tractor & Implement Co.

A claimant sought workers' compensation death benefits after her husband, a mechanic, died from necrotizing fasciitis and septic shock, allegedly due to a work-related fall. The Workers’ Compensation Board ruled the death causally related to employment, a decision upheld by the Workers' Compensation Law Judge. The employer and its carrier appealed, arguing insufficient corroboration for the decedent's statements and improper application of the presumption of compensability for unwitnessed accidents. The appellate court affirmed the Board's decision, finding adequate corroboration based on the claimant's observations and medical evidence, and concluding that the Board appropriately weighed conflicting medical opinions regarding the infection's cause.

Death BenefitsCausally Related EmploymentUnwitnessed AccidentPresumption of CompensabilityMedical EvidenceNecrotizing FasciitisSeptic ShockAppellate ReviewBoard DecisionClaimant Testimony
References
6
Case No. 2023-02-03636
Regular Panel Decision
Dec 02, 2025

GANDY, TERRY v. MARTEN TRANSPORT, LIMITED

Terry Gandy, a truck driver for Marten Transport, sustained a work-related arm scratch that led to a severe Group A Streptococcus and necrotizing fasciitis infection, culminating in the amputation of his left arm. Marten Transport initially denied his claim for medical and temporary disability benefits. In an expedited hearing, the Court found it likely that Mr. Gandy's injuries, including physical and mental health issues, arose primarily from his employment, despite arguments concerning pre-existing conditions and testimony inconsistencies. The Court ordered Marten Transport to cover over $749,000 in past medical expenses, provide ongoing physical treatment, and establish a panel for psychiatric care. Temporary total disability benefits were also granted, with the specific amount reserved for future determination.

Expedited HearingMedical BenefitsTemporary DisabilityAmputationNecrotizing FasciitisStrep A InfectionCausationPre-existing ConditionTruck DriverMedical Evidence
References
6
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