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

Case No. SBR 0299490
Regular
Feb 25, 2008

DELILAH AVILA vs. DYNCORP, AMERICAN HOME ASSURANCE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration and awarded applicant home health care services based on a diagnosis of industrially-related reflex sympathetic dystrophy (RSD), reversing a prior ruling. The Board affirmed the denial of attorney's fees under Labor Code § 5814.5, finding no unreasonable delay in compensation payment. Issues regarding the duration, provider, and rate of home health care were deferred for further determination.

Reflex sympathetic dystrophyComplex regional pain syndromeHome health careExpedited hearingPetition to reopenQualified medical evaluatorTreating physicianActivities of daily livingLabor Code § 5814.5Attorney's fees
References
0
Case No. POM 0245397
Regular
Mar 10, 2008

RUDOLPH FIERRO vs. J. O. STILES, INC., CONTINENTAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of 100% permanent disability for industrial injuries to the applicant's knees, hips, feet, spine, right upper extremity, and reflex sympathetic dystrophy. The Board found that the treating physician's extensive medical opinions and the vocational rehabilitation expert's testimony adequately supported the 100% disability finding, despite the defendant's reliance on an Agreed Medical Evaluator's opinion. The Board emphasized that it is not bound by an AME's opinion and can give it less weight if other evidence is more persuasive.

Reflex sympathetic dystrophyAgreed Medical EvaluatorPetition for reconsiderationPermanent disabilityVocational rehabilitationIndustrial injuryTreating physicianMultiple diagnosesLumbar radiculopathySpinal cord stimulator
References
12
Case No. 2018 NY Slip Op 06837
Regular Panel Decision
Oct 11, 2018

Matter of Torres v. St. Luke's Roosevelt Hosp.

Londa Torres, a nurse, sustained work-related injuries including carpal and cubital tunnel syndromes and reflex sympathetic dystrophy in 2008. In 2013, she was classified with a permanent partial disability with a 57.5% loss of wage-earning capacity. In 2015, claimant sought reclassification to a permanent total disability due to worsening conditions, which was denied by the Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial record evidence supported the determination that claimant failed to demonstrate a sufficient change in her medical condition to warrant reclassification, despite testimony from her treating physicians, as conflicting medical opinions were resolved by the Board.

Workers' CompensationPermanent Partial DisabilityPermanent Total DisabilityReclassificationMedical ConditionReflex Sympathetic DystrophyCarpal Tunnel SyndromeCubital Tunnel SyndromeAppellate ReviewBoard Decision
References
8
Case No. MISSING
Regular Panel Decision

Feliciano-Delgado v. New York Hotel Trades Council & Hotel Ass'n of New York City Health Center, Inc.

Iraida Feliciano-Delgado, a nurse at Health Center Family Medical Office, sued her employer and co-employee physicians for medical malpractice, alleging their negligence in diagnosing and treating her Reflex Sympathetic Dystrophy. The defendants moved for summary judgment, asserting the claim was barred by Workers’ Compensation Law § 29 (6), the "fellow-employee rule." The Supreme Court, Bronx County, denied this motion. The Appellate Division reversed, holding that despite the Health Center offering services to a segment of the general public (union members), Feliciano-Delgado received treatment as an employee, not a member of the public, thereby triggering the exclusive remedy provision of the Workers’ Compensation Law. The court concluded that the action for medical malpractice was barred.

Workers' Compensation LawExclusive Remedy DoctrineFellow-Employee RuleMedical MalpracticeSummary Judgment AppealReflex Sympathetic DystrophyAppellate ReversalEmployer Medical ServicesEmployee Benefit LitigationNegligence Claim
References
10
Case No. ADJ9466180
Regular
Sep 28, 2017

Erin Inman vs. VENTURA REGIONAL SANITATION DISTRICT

The applicant, Erin Inman, seeks reconsideration of a prior award finding 73% permanent disability due to a cumulative trauma injury to her left wrist resulting in reflex sympathetic dystrophy (RSD). She contends she is totally disabled, citing the Agreed Medical Examiner (AME) Dr. Sohn's opinion that she cannot use either hand and is therefore conclusively presumed totally disabled under Labor Code section 4662(a). The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record. The Board found Dr. Sohn's opinion on total disability was not yet definitive as he repeatedly recommended a pain management evaluation and reserved judgment pending its outcome. Therefore, the determination of permanent disability and attorney fees is deferred pending a pain management evaluation and subsequent opinion from the AME.

Reflex Sympathetic DystrophyCumulative TraumaPermanent Total DisabilityAgreed Medical ExaminerPain Management PhysicianBody Parts AffectedLabor Code Section 4662Permanent Disability RatingMedical Record DevelopmentPetition for Reconsideration
References
3
Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Holiday Showcase Restaurants, Inc.

Claimant sustained a left knee injury in 1995, later including reflex sympathetic dystrophy (RSD). Indemnity benefits were settled in 2002 with a $27,000 lump-sum payment, with the employer's carrier retaining liability for medical treatment. In 2005, the carrier sought to transfer medical liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The Workers’ Compensation Board denied this, ruling that the three-year lapse period from the last compensation payment had not passed, as the lump-sum settlement was allocated to extend benefits until December 31, 2008, under Workers’ Compensation Law § 25-a (7). This appellate court affirmed the Board's decision, rejecting the carrier's argument that § 25-a (7) applies only to nonschedule adjustment settlements and found no basis to disturb the Board's conclusion.

Workers' CompensationSpecial Fund for Reopened CasesLump Sum SettlementMedical LiabilityIndemnity BenefitsReflex Sympathetic DystrophyStatutory InterpretationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Oct 22, 2007

Serrano v. 432 Park South Realty Co.

A jury in New York County found that the plaintiff did not suffer a "grave injury" under Workers' Compensation Law § 11, awarding damages for past pain and suffering ($600,000), future pain and suffering ($4,240,000), and future medical expenses ($2,302,425). The Supreme Court's judgment was subsequently modified by the appellate court. The appellate panel reduced the award for future medical expenses by $150,111 by vacating the award for household services. It also vacated the award for future pain and suffering and remanded for a new trial on those damages, unless the plaintiff stipulated to a reduced amount of $2,500,000 for future pain and suffering. The award for past pain and suffering was affirmed, considering the plaintiff's injuries including a herniated disc, reflex sympathetic dystrophy, and post-traumatic stress disorder.

Grave InjuryWorkers' Compensation LawPain and SufferingMedical ExpensesJury VerdictAppellate ReviewDamages ReductionHerniated DiscReflex Sympathetic DystrophyPost-Traumatic Stress Disorder
References
8
Case No. MISSING
Regular Panel Decision

Matter of Johnson v. Adams & Associates

In 2009, the claimant sustained a left knee injury at work, leading to an established workers’ compensation claim that was later amended to include other left lower extremity conditions. In 2013, the claimant sought to further amend the claim to include consequential reflex sympathetic dystrophy (RSD) to the left upper extremity. Both a Workers’ Compensation Judge and the Workers’ Compensation Board denied this request, citing a lack of credible medical evidence. The appellate court affirmed the Board’s decision, finding it supported by substantial evidence. The court noted conflicting medical opinions, with independent medical examiners finding no objective signs of RSD, while the claimant’s treating physician made the diagnosis based on subjective complaints. The court also rejected the claimant’s argument that advance payments of compensation estopped the carrier from contesting liability, clarifying that such payments do not preclude other defenses.

Reflex Sympathetic DystrophyRSDLeft Upper ExtremityConsequential InjuryWorkers' Compensation BenefitsMedical EvidenceIndependent Medical ExaminationObjective SignsSubjective ComplaintsEstoppel
References
6
Case No. 2018 NY Slip Op 04413 [162 AD3d 1286]
Regular Panel Decision
Jun 14, 2018

Matter of Tobin v. Finger Lakes DDSO

Kristi M. Tobin, a support aide, sustained injuries in April 2012 after being assaulted by a client, leading to a workers' compensation claim established for various injuries including reflex sympathetic dystrophy (RSD)/complex regional pain syndrome (CRPS) of her right face. A Workers' Compensation Law Judge initially awarded schedule loss of use for vision loss and facial disfigurement. The Workers' Compensation Board reversed this decision, classifying claimant's RSD/CRPS and ptosis as a nonschedule permanent partial disability under Workers' Compensation Law § 15 (3) (w), rescinding the prior awards, and remitting the case for further record development regarding loss of wage-earning capacity. The Appellate Division, Third Department, affirmed the Board's determination, finding substantial medical evidence supported the nonschedulable permanent partial disability classification due to the claimant's ongoing chronic pain and worsening ptosis, consistent with not receiving both schedule loss of use and nonschedule permanent partial disability awards for the same work-related accident.

Workers' Compensation LawPermanent Partial DisabilitySchedule Loss of UseReflex Sympathetic Dystrophy (RSD)Complex Regional Pain Syndrome (CRPS)Facial DisfigurementWage-Earning CapacityAppellate ReviewMedical EvidenceSubstantial Evidence
References
9
Case No. MISSING
Regular Panel Decision

Muscular Dystrophy Ass'n of America, Inc. v. Weyl

A nationally recognized voluntary health organization, dedicated to muscular dystrophy research and patient support, sought a temporary injunction against a competing organization, the National Foundation for Muscular Dystrophy, Inc., and an individual defendant. The individual, a former regional director of the plaintiff, was accused of copying and transferring the plaintiff's volunteer worker database to the defendant corporation. This action reportedly caused significant confusion among volunteers, many of whom unknowingly began soliciting for the defendant while believing they were still working for the plaintiff. The court found these actions detrimental to the public and the plaintiff's cause, leading to the granting of a temporary injunction during the litigation, with specific exceptions.

Temporary InjunctionUnfair CompetitionEmployee MisconductVolunteer RecordsData TransferNonprofit OrganizationsHealth ResearchPublic SolicitationMuscular DystrophyOrganizational Dispute
References
0
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