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

Case No. ADJ6993450
Regular
Dec 03, 2015

KIT DAWSON vs. SAN DIEGO TRANSIT, ACE AMERICAN INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior decision awarding the applicant 100% permanent disability under Labor Code section 4662(a)(3) due to a severe spinal cord injury causing practically total paralysis. This injury was a compensable consequence of a motor vehicle accident, which itself was deemed a consequence of two prior industrial injuries. The Board found that the defendant failed to meet its burden of proof for apportionment, as there was no medical evidence linking the prior shoulder injuries to the applicant's current paralysis. Therefore, the applicant is entitled to the conclusive presumption of permanent total disability without apportionment.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentLabor Code Section 4662(a)Compensable Consequence InjuryMotor Vehicle AccidentSpinal Cord InjuryPractically Total ParalysisQuadriplegic
References
3
Case No. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
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. ADJ3533713
Regular
Nov 07, 2011

JUANA LOPEZ vs. THE MERCHANT OF TENNIS, HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) removed this matter for the purpose of imposing sanctions. The WCAB found that the petition for reconsideration filed by SIR Practice Solutions, LLC on behalf of several lien claimants was skeletal, unintelligible, and violated multiple WCAB rules regarding evidentiary and legal support. The lien claimants and SIR Practice Solutions, LLC failed to object to the Notice of Intention to Impose Sanctions within the allotted time. Therefore, the WCAB imposed sanctions of $250.00 against each individual lien claimant and found SIR Practice Solutions, LLC jointly and severally liable for these sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsLien ClaimantsSIR Practice SolutionsPetition for ReconsiderationSkeletal PetitionAppeals Board Rule 10846Labor Code Section 5813Notice of Intention to Impose Sanctions
References
6
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
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
Case No. ADJ3829595 (SRO 0136102)
Regular
Oct 18, 2010

GARY BOATRIGHT vs. ARGONAUT CONSTRUCTORS, STATE COMPENSATION INSURANCE FUND

This case involves Gary Boatright, a construction laborer, seeking reconsideration of a 92% permanent disability rating following a 2005 industrial injury. Boatright contends he is permanently and totally disabled due to significant physical limitations including paralysis of his right leg, impaired upper extremities, and chronic severe pain requiring substantial narcotic medication. The Appeals Board granted reconsideration, finding that based on medical and vocational expert opinions, Boatright has sustained a total loss of earning capacity. Consequently, the Board reversed the prior award and remanded the case for a new award of 100% permanent total disability.

Gary BoatrightArgonaut ConstructorsState Compensation Insurance Fundindustrial injuryneckbackbilateral upper extremitiescervical spinal cordgait impairmentsexual dysfunction
References
1
Case No. MISSING
Regular Panel Decision

Claim of Filipowicz v. De Laval Separator Co.

This case concerns an appeal by an employer and carrier challenging an award for total disability due to silicosis. It was conceded that the claimant suffered from silicosis and was permanently and totally disabled. Appellants argued that there was no proof of injurious exposure during the claimant's last employment with the employer. However, evidence showed the claimant worked as a trucker in the employer's rubber plant, where he was exposed to talc containing silica. The board found sufficient evidence of a causal relationship between this exposure and the claimant's disability, thus affirming the award.

SilicosisOccupational DiseaseTotal DisabilityInjurious ExposureTalc ExposureFoundry WorkerRubber PlantWorkers' Compensation BoardCausal Relation
References
2
Case No. MISSING
Regular Panel Decision

Claim of Yanarella v. IBM Corp.

Claimant, a computer programmer, alleged total industrial disability due to multiple chemical sensitivities incurred during her work in a manufacturing environment. The Workers’ Compensation Board's medical examiner and an independent rehabilitation report both concluded she was only permanently partially disabled and remained reasonably employable. The Workers’ Compensation Law Judge classified her as permanently partially disabled, a finding which the Board affirmed. The claimant appealed this decision, raising procedural arguments regarding denied cross-examination and hearings, but the court found these issues were waived or lacked merit as they were not properly raised or requested. Ultimately, the court affirmed the Board's decision, citing substantial medical evidence supporting the conclusion that the claimant was not totally industrially disabled.

chemical sensitivitiesindustrial disabilitycomputer programmerpermanent partial disabilitymedical evidencecross-examination waiverappellate reviewWorkers' Compensation Boardvocational assessmentdue process
References
6
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