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

Case No. ADJ4148815 (MON 0343933)
Regular
Nov 05, 2012

EMILY GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the original decision. They found applicant sustained an industrial injury to her right ankle and a sleep disorder, but not to her knee, hypertension, or gastrointestinal reflux. The claim for psychiatric injury was deferred due to insufficient evidence regarding the six-month employment requirement. The court also found the treating physician's report on the gastrointestinal reflux lacked substantial medical evidence.

WCABEmily GarciaCity of Los Angelesself-insuredFindings and AwardReconsiderationIndustrial InjuryRight AnklePsycheSleep Disturbance
References
10
Case No. ADJ2767223 (SFO 404890) ADJ3039110 (SFO 435980) ADJ2891334 (OAK 300591)
Regular
Oct 03, 2014

DIEDRE THORNTON CLARK vs. PACIFIC BELL TELEPHONE COMPANY

This case concerns an applicant with multiple cumulative industrial injuries, including gastroesophageal reflux disease and sleep disorder, resulting in a WCJ finding of 100% permanent disability. The Board rescinded this decision, finding that the WCJ failed to address apportionment of permanent disability to prior stipulated awards and a subsequent cumulative injury. The case is remanded for further development of the record to properly apportion permanent disability between the applicant's prior injuries and the 2003 cumulative injury.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyDeirdre Thornton ClarkJoint Findings And OrdersAdministrative Law JudgeIndustrial InjuryCumulative PeriodGastroesophageal Reflux DiseaseSleep DisorderPermanent Disability
References
11
Case No. ADJ165327 (LAO 0874327) ADJ3892641 (LAO 0874626)
Regular
May 28, 2019

AGUSTIN RUIZ vs. THERMO FISHER SCIENTIFIC, AIG, TRAVELERS INSURANCE

This Workers' Compensation Appeals Board (WCAB) decision grants reconsideration and amends a prior ruling regarding Agustin Ruiz's claims against Thermo Fisher Scientific, insured by AIG and Travelers Insurance. The Board affirmed the original decision's finding of injury AOE/COE to the applicant's low back, psyche, and gastroesophageal reflux disease/gastroduodenitis. It established a single combined award of 29% permanent disability, jointly and severally liable for AIG and Travelers, and ordered ongoing medical treatment administered by Travelers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationAOE/COEPermanent DisabilityApportionmentJoint and Several LiabilityContributionReimbursementTemporary Disability Indemnity
References
0
Case No. 2022 NY Slip Op 01860 [203 AD3d 1424]
Regular Panel Decision
Mar 17, 2022

Matter of Mascali v. Town/Village of Harrison

Charles Mascali, a police officer, filed a workers' compensation claim in 2017 for injuries (chronic pulmonary disease, gastroesophageal reflux disease, dyspnea, shortness of breath) sustained at the World Trade Center site on September 11, 2001. A Workers' Compensation Law Judge initially established the claim, but the Workers' Compensation Board reversed this in June 2020 due to insufficient medical evidence of causation. Mascali applied for reconsideration and/or full Board review, which the Board denied in August 2020. The Appellate Division, Third Department, affirmed the Board's denial, finding it was not arbitrary and capricious, as Mascali's appeal concerned only the denial of reconsideration and not the merits of the initial June 2020 decision.

Workers' CompensationAppellate ReviewReconsideration DenialMedical Causation9/11 InjuriesChronic Pulmonary DiseaseGastroesophageal Reflux DiseasePolice OfficerBoard ReviewAbuse of Discretion
References
9
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. 531185
Regular Panel Decision
Jan 07, 2021

Matter of Lewandowski v. Safeway Envtl. Corp.

Zdzislaw Lewandowski, a former World Trade Center cleanup worker, appealed a Workers' Compensation Board decision that disallowed his claim for chronic obstructive pulmonary disease (COPD). Lewandowski sought benefits for various ailments, including depression, breathing problems, gastroesophageal reflux disease (GERD), and rhinitis. The Board had established his claims for GERD and posttraumatic stress disorder (PTSD) but maintained the disallowance for COPD due to insufficient evidence of a causal relationship. The Appellate Division, Third Department, affirmed the Board's decision regarding the disallowance of the COPD claim, finding it supported by substantial evidence. However, the court reversed the Board's denial to revisit Lewandowski's date of disablement and average weekly wage, remitting the matter for consideration of the date most beneficial to the claimant under Workers' Compensation Law § 164, and for further proceedings consistent with its decision.

World Trade Center cleanupChronic Obstructive Pulmonary DiseaseGERDPTSDAgoraphobiaPanic DisorderCausationMedical EvidenceDate of DisablementAverage Weekly Wage
References
19
Case No. MISSING
Regular Panel Decision

Claim of Rodgers v. New York City Fire Department

The claimant, a civil employee of the New York City Fire Department, filed for workers' compensation benefits after developing several medical conditions, including bronchitis, gastroesophageal reflux, and PTSD, attributed to cleaning and repairing fire trucks following the 9/11 World Trade Center attacks. Initially, a workers’ compensation law judge found the claim timely, but the Workers’ Compensation Board reversed, ruling it time-barred under Workers’ Compensation Law § 28. On appeal, the court found the Board's determination of the filing date unsupported by the record, necessitating a remittal for further proceedings to ascertain the actual filing date. The court affirmed the Board's interpretation that the World Trade Center cleanup exception (Workers’ Compensation Law article 8-A) is geographically limited, but remitted for a determination on whether specific work performed by the claimant at the actual World Trade Center site qualified for this exception.

World Trade Center Cleanup9/11 Related IllnessWorkers' Compensation Law § 28Statute of LimitationsTimeliness of ClaimOccupational DiseaseRespiratory DysfunctionGastroesophageal RefluxPosttraumatic Stress DisorderStatutory Interpretation
References
6
Case No. 526652
Regular Panel Decision
Nov 15, 2018

Matter of Hughes v. World Trade Ctr. Volunteerr Fund

The case involves Rachel Hughes, a volunteer at the World Trade Center site, who established a claim for multiple injuries including gastroesophageal reflux disease, asthma, PTSD, depression, and anxiety, for which she was awarded workers' compensation benefits. Her benefits were later suspended. She sought an award for causally-related lost time, which a Workers' Compensation Law Judge initially granted from March 11, 2008, through October 27, 2016. However, the Workers' Compensation Board modified this decision, affirming entitlement to continued medical treatment but rescinding the award for lost time from July 10, 2009, through October 27, 2016, due to insufficient medical evidence. On appeal, the Appellate Division affirmed the Board's decision, finding its rejection of the claimant's clinical psychologist's testimony as unreliable was justified due to inconsistencies in his statements and notes. The Court reiterated that the burden lies with the claimant to establish a continuing causally-related disability, and the Board's finding was supported by substantial evidence.

Workers' CompensationVolunteer InjuriesGastroesophageal Reflux DiseaseExtrinsic AsthmaChronic SinusitisPosttraumatic Stress DisorderDepressionAnxietyDisability BenefitsMedical Evidence
References
5
Case No. MISSING
Regular Panel Decision

Dement v. Kelly

Petitioner William Dement, a former NYPD lieutenant and 9/11 first responder, challenged the denial of his World Trade Center (WTC) line-of-duty accident disability retirement (ADR) pension. Dement developed multiple conditions, including severe sleep apnea and gastroesophageal reflux disease (GERD), after his WTC exposure. The Medical Board repeatedly denied his WTC-ADR application, attributing his disability solely to sleep apnea unrelated to WTC exposure, despite evidence linking GERD and heavy metal poisoning (recognized WTC conditions) to his sleep apnea and overall disability. The Supreme Court upheld the denial. However, the appellate court reversed this decision, finding that the respondents failed to rebut the WTC presumption of causation. The court determined that Dement's disabling sleep apnea was attributable to WTC exposure and exacerbated by his WTC-related GERD, as supported by medical literature. The case was remanded for an award of a WTC-ADR pension, emphasizing the legislative intent to protect 9/11 workers.

WTC Disability RetirementFirst Responder HealthCausation StandardPresumptive EvidenceMedical Board ReviewSleep Apnea DisabilityGastroesophageal Reflux Disease (GERD)Heavy Metal ToxicityPolice Pension BenefitsArticle 78 Proceeding
References
12
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