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

Case No. ADJ8657415
Regular
Oct 06, 2017

Oliver Boutte IV (Deceased) vs. U.S. XPRESS ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by U.S. Xpress Enterprises and Liberty Mutual Insurance Company. The defendants argued that the medical report relied upon by the Workers' Compensation Judge (WCJ) was not substantial evidence, specifically regarding the timing of the employee's death from a pulmonary embolus. The Board denied the petition, adopting the WCJ's report which found the physician's opinion to be substantial medical evidence based on adequate examination and reasoning. The Board concluded the WCJ properly found this opinion more persuasive than the opposing medical opinion.

Oliver Boutte IVU.S. Xpress EnterprisesLiberty Mutual Insurance CompanyADJ8657415Petition for ReconsiderationWorkers' Compensation Appeals Boardsubstantial evidencemedical opinionpulmonary embolusreasonable medical probability
References
3
Case No. 2016-03-1003
Regular Panel Decision
Oct 23, 2018

Newman, Barbara v. The Home Depot

Barbara J. Newman, an employee of The Home Depot, sought an expedited hearing for benefits related to congestive heart failure and pulmonary embolus, which she attributed to a work injury sustained on March 10, 2016. The Home Depot contested the claim, arguing a lack of medical evidence linking the conditions to the workplace injury. The Court reviewed the submitted documents and determined that Ms. Newman failed to provide sufficient evidence, specifically a medical opinion addressing causation, to demonstrate a likelihood of prevailing at a hearing on the merits. Consequently, the Court denied Ms. Newman's claim for benefits concerning her alleged heart and lung conditions at this time.

Expedited HearingBenefit DenialCongestive Heart FailurePulmonary EmbolusMedical CausationBurden of ProofEmployee ClaimEmployer DefenseInsurance CarrierTennessee Law
References
1
Case No. MISSING
Regular Panel Decision
Aug 18, 1977

Claim of Johnson v. International Talc Co.

Claimant's deceased husband, an employee of International Talc Company, developed a partial pulmonary disability, specifically pneumoconiosis and pulmonary emphysema, due to occupational exposure to talc and silicosis dust over 20 years. He filed a compensation claim in May 1973 and died in November 1973. The Workers' Compensation Board determined that while the pulmonary disability was causally related to his occupation, his death was not. Conflicting medical testimonies were presented regarding the extent of disability and the causal link of death to his occupation, with an impartial specialist concurring with the Board's finding on the death. The Appellate Division affirmed the Board's decision, noting that substantial evidence supported the Board's findings and that Section 39 of the Workers' Compensation Law at the time did not permit awards for partial disability resulting from dust disease.

PneumoconiosisSilicosisPulmonary EmphysemaPartial DisabilityDust DiseaseCausal RelationshipMedical EvidenceBoard FindingsAppellate AffirmationStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Aug 12, 1998

Claim of Cocco v. New York City Department of Transportation

Claimant, a bridge painter for 36 years, was diagnosed with chronic obstructive pulmonary disease, leading to total disability since June 1993. The Workers’ Compensation Board found that his work for the employer aggravated a previously dormant and non-disabling pulmonary condition, deeming it an occupational disease under Workers’ Compensation Law § 3 (2) (30). The employer appealed this decision. The court differentiated between the aggravation of active versus dormant conditions, requiring a distinctive employment feature to activate a dormant one. It was determined that the claimant's exposure to noxious substances from sandblasting, paint stripping, and spraying red lead paint constituted such a feature. Expert testimony supported that the claimant's pulmonary condition was dormant and that his work exposure caused the disability, leading to the affirmation of the Board's decision.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseAggravation of Preexisting ConditionBridge PainterNoxious Substances ExposureSandblasting HazardsCausation in WCDormant Condition ActivationSubstantial Evidence ReviewWorkers' Compensation Board Appeal
References
7
Case No. FRE 0213272
Regular
Oct 02, 2007

ROGER MILLS vs. SUNRISE BUILDERS, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board affirmed the WCJ's decision, denying the applicant's contentions regarding a pulmonary injury. The Board found the applicant's permanent disability rating of 40% for an orthopedic injury was consistent with medical opinions and relevant case law, particularly regarding apportionment of pre-existing conditions. The decision disallowed claims for the pulmonary condition and associated medical treatment, upholding the original award.

Workers' Compensation Appeals BoardPulmonary/Respiratory InjuryOrthopedic InjuryPermanent and StationaryTemporary DisabilityPermanent Disability AwardApportionmentSB 899Agreed Medical EvaluatorBrodie v. Workers' Comp. Appeals Bd.
References
1
Case No. MISSING
Regular Panel Decision
Sep 17, 1979

In re the Claim of Brod v. Julius Young Mfg. Co.

The claimant, a 64-year-old jewelry polisher, sought workers' compensation for pulmonary emphysema, alleging it was caused by breathing fumes and dust at work. The Workers' Compensation Board disallowed the claim, a decision which was subsequently appealed. The Board's determination was based on medical evidence, specifically the testimony of an Impartial Specialist, Dr. Sydney Bassin, who concluded there was no causal relationship between the claimant's pulmonary condition and their employment. The appellate court affirmed the Board's decision, finding substantial evidence to support its determination.

References
0
Case No. MISSING
Regular Panel Decision

Claim of Riganti v. South Mall Construction, Inc.

This case is an appeal from a Workers’ Compensation Board decision, filed on May 28, 1993, which found a causal link between the claimant's death and asbestosis, an established occupational disease. The court upheld the Board's finding, citing substantial evidence from Dr. Frank Maxon, a pulmonary physician. Dr. Maxon's expert opinion, based on medical records, confirmed the causal relationship, noting documented pleural thickening and pulmonary fibrosis consistent with asbestosis. The employer's argument regarding non-compliance with form C-64 was not preserved for review and was found to lack merit. The decision of the Workers’ Compensation Board was affirmed.

Workers' CompensationAsbestosisOccupational DiseaseCausationMedical Expert TestimonyPulmonary FibrosisPleural ThickeningAppellate ReviewBoard DecisionMedical Records
References
3
Case No. MISSING
Regular Panel Decision

Claim of Estate of Harris v. General Electric Co.

Francis Harris, a machinist, developed pulmonary fibrosis, leading to a workers' compensation claim. Following his death, his widow, Patricia Harris, filed a claim for death benefits. Initially, a Workers’ Compensation Law Judge denied both claims, citing insufficient evidence to causally link the pulmonary fibrosis to Harris's employment. However, the Workers’ Compensation Board subsequently reversed this decision, establishing both claims. The employer appealed the Board's reversal. The appellate court affirmed the Board's decision, emphasizing that medical opinions in workers' compensation cases do not require absolute certainty, only a reasonable probability supported by a rational basis, which was found to be present in this case.

Pulmonary FibrosisWorkers' Compensation BenefitsDeath BenefitsCausal RelationshipEmployment-Related IllnessMedical Expert OpinionRational BasisSubstantial EvidenceWorkers' Compensation BoardAppellate Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Hollander v. Valor Clothers, Inc.

Claimant appealed a Workers' Compensation Board decision from August 7, 1981, which denied benefits for an occupational disease. The claimant, employed as a spot cleaner at Valor Clothers, Inc., worked with toxic fluids like carbon tetrachloride and benzene and alleged these conditions caused or aggravated a pre-existing pulmonary condition. The record showed claimant had a long history of pulmonary dysfunction since 1964, predating his 1972 employment. The Board disallowed the claim, and the appellate court affirmed, stating that compensation is not granted for the aggravation of an already active condition. For compensation, a pre-existing condition must be dormant and nondisabling, with employment activating it, conditions deemed not met in this case.

Occupational diseasePulmonary conditionPre-existing conditionAggravation of injuryWorkers' Compensation LawToxic exposureCarbon tetrachlorideBenzeneEmployment disabilityMedical history
References
2
Case No. MISSING
Regular Panel Decision

Allen v. Consolidated Aluminum Corp.

This appeal concerns an employer challenging a worker's compensation award for an employee's total and permanent disability due to chronic obstructive pulmonary disease, an occupational disease. The employer contested the trial judge's findings on timely notice of the disease and medical causation. The appellate court affirmed the trial court's finding regarding disability and entitlement to worker's compensation benefits, agreeing that notice was timely given and medical causation was established. However, the court reversed the denial of the employer's contractual right to set off disability payments and credit for medical expenses paid under its disability plans, and remanded the case for a determination of these set-offs. The employee's condition was linked to exposure to pulmonary irritants in the workplace over 23 years.

Worker's CompensationOccupational DiseaseChronic Obstructive Pulmonary DiseaseMedical CausationNotice RequirementDisability Benefits Set-offEmployer LiabilityPulmonary IrritantsAppellate ReviewRemand
References
3
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