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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Eastern District Repetitive Stress Injury Litigation

The defendants sought to transfer 78 repetitive stress injury (RSI) cases from the Eastern District of New York to districts where the claims arose, also seeking severance of individual claims. Over 450 RSI cases, involving over 1,000 plaintiffs against more than 100 equipment manufacturers, were initially consolidated in the Eastern District. However, the Second Circuit later vacated the consolidation orders, finding it an abuse of discretion due to lack of common facts and varying state laws. Relying on this guidance, the court granted transfer in 75 cases and denied it in three, citing factors such as convenience of parties and witnesses, judicial economy, and the public interest in local adjudication of local controversies. The court also ordered severance where necessary to facilitate transfer.

Transfer of VenueMultidistrict LitigationRepetitive Stress InjuryProducts LiabilityForum Non ConveniensSeverance of ClaimsConsolidation of CasesJudicial EconomyWitness ConvenienceChoice of Forum
References
16
Case No. ADJ10758803
Regular
Feb 07, 2018

JOSEPH ROBINSON vs. CITY OF RIVERSIDE

The Appeals Board granted reconsideration, rescinding the prior Findings and Award because the Qualified Medical Examiner's (QME) report lacked substantial evidence. The QME's opinion on cumulative trauma injury appeared based on an incorrect legal understanding, failing to acknowledge the cumulative effect of repetitive job demands over time. Consequently, the matter is returned to the WCJ for further proceedings, potentially including a new medical evaluation, to address the applicant's claimed cumulative trauma injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardQualified Medical ExaminerCumulative TraumaSubstantial Medical EvidenceLabor CodeAggravationAOE/COEPolice Officer
References
9
Case No. MISSING
Regular Panel Decision

Burroughs v. Northern Telecom, Inc.

The District Court for the Eastern District of New York, in a Memorandum and Order authored by District Judge Weinstein, addressed a motion to consolidate 44 repetitive stress injury (RSI) cases, alleging conditions such as Carpal Tunnel Syndrome from computer use, before a single judge. The court granted the motion for consolidation, assigning the cases to Judge Denis R. Hurley to oversee. Simultaneously, a motion by Northern Telecom, Inc. to transfer the *Burroughs* action to the Southern District of New York was denied. The decision highlighted the importance of early consolidation and coordinated case management, drawing parallels with asbestos and DES litigations, to enhance discovery efficiency, reduce transaction costs, and ensure equitable resolution of complex mass tort cases.

Repetitive Strain InjuryRSI CasesConsolidation of ActionsMultidistrict LitigationCarpal Tunnel SyndromeJudicial EconomyMass Tort LitigationTransfer of VenueFederal Rules of Civil ProcedureEastern District of New York
References
22
Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
3
Case No. ADJ8552864
Regular
Jan 28, 2014

ELAINE DEVILLE vs. VERIZON, SEDGWICK CMS

This case involves Elaine Deville's workers' compensation claim against Verizon for an injury to her neck. The defendant, Verizon, sought reconsideration of the finding that the injury arose out of and occurred in the course of employment (AOE/COE), arguing the medical evidence was insufficient. The Workers' Compensation Appeals Board denied reconsideration, deferring to the judge's credibility findings and adopting the judge's reasoning. The judge relied on the applicant's consistent testimony and the Agreed Medical Examiner's report, which linked the applicant's cervical spine disability to repetitive trauma from her job.

Petition for ReconsiderationDENIEDWORKERS' COMPENSATION APPEALS BOARDAOE/COEDr. Wertheimersubstantial evidenceapplicant's testimonyindustrial cumulative traumacervical spinerepetitive trauma
References
1
Case No. MISSING
Regular Panel Decision

Claim of Demir v. Taxi & Limousine Commission

The claimant, a file clerk, developed an internal derangement of her right knee which she attributed to repetitive bending and kneeling required for her job. The Workers' Compensation Board found this to be a compensable accidental injury, ruling it resulted from repeated trauma causally related to her employment. The employer appealed this decision. The appellate court reversed the Board's ruling, determining that the claimant's filing duties, including kneeling, did not constitute 'unusual environmental conditions' or 'extraordinary events' to qualify as an accidental injury. The court concluded the risk was an 'ordinary incident' of employment and, consequently, dismissed the claim.

Workers' Compensation LawAccidental InjuryRepetitive TraumaKnee InjuryFile Clerk DutiesEmployment RiskUnusual Environmental ConditionsSubstantial EvidenceAppellate ReviewCausation
References
6
Case No. MISSING
Regular Panel Decision
May 01, 2001

In re the Claim of Barager-Dieter v. Kelly Temporary Services

In this appeal from a decision of the Workers’ Compensation Board, the court affirmed a ruling that the claimant had sustained a permanent partial disability of moderate severity. The claimant reported arm injuries in 1992 due to production work. The Board's determination, which was based on the testimony and report of orthopedic surgeon Matthew Landfried, found sufficient evidence despite conflicting medical opinions. Landfried diagnosed accumulative trauma syndrome, performed multiple surgeries, and placed the claimant under permanent lifting and repetitive activity restrictions. The court upheld the Board's resolution of conflicting medical proof in the claimant's favor, concluding that substantial evidence supported the award.

permanent partial disabilityaccumulative trauma syndromecarpal tunnel surgeryulnar nerve transpositionmedical evidence conflictworkers' compensation appealappellate affirmancelifting restrictionsrepetitive strain injuryorthopedic diagnosis
References
3
Case No. MISSING
Regular Panel Decision
Jan 14, 1998

Antholzner v. Key Tronic Corp.

Plaintiffs Judith Antholzner and Richard Antholzner filed a personal injury action against several computer keyboard manufacturers and distributors, alleging cumulative trauma injury from keyboard use. Defendants moved for summary judgment, asserting the claims were barred by New York's statute of limitations. Magistrate Judge Foschio issued a Report and Recommendation, distinguishing repetitive stress injuries from toxic torts and concluding the statute of limitations begins at the first onset of symptoms, not initial exposure. District Judge Arcara adopted the Magistrate Judge's recommendation, denying the defendants' motions for summary judgment and scheduling a meeting to set a trial date.

Repetitive Stress InjuryCumulative Trauma DisorderCarpal Tunnel SyndromeStatute of LimitationsSummary Judgment MotionPersonal InjuryProduct LiabilityComputer Keyboard InjuryAccrual of Cause of ActionToxic Tort Distinction
References
16
Case No. MISSING
Regular Panel Decision
Nov 07, 2011

Claim of Swanko v. Darlind Construction

Claimant, a carpenter, ceased employment in late 2005 due to repetitive trauma injuries affecting multiple joints. A claim for workers’ compensation benefits was filed, which the Workers’ Compensation Law Judge (WCLJ) established as an accidental injury. The WCLJ also determined that apportionment under Workers’ Compensation Law § 44 was inapplicable, classifying it as an accident rather than an occupational disease. The Workers’ Compensation Board affirmed this ruling. The employer and carrier appealed the Board's amended decision, contending the claim should have been deemed an occupational disease for apportionment. The Appellate Division, Third Department, affirmed, concluding the classification argument was not properly preserved for appeal, and alternatively, substantial evidence supported the accident classification.

repetitive traumaaccidental injuryoccupational diseaseapportionmentWorkers' Compensation BoardAppellate Divisioncarpenterhip injuryknee injuryshoulder injury
References
5
Case No. MISSING
Regular Panel Decision

Claim of Cortese v. Rochester Products Division, G.M.C.

This case concerns an appeal from decisions of the Workers’ Compensation Board regarding a claimant who developed leg and back pain, culminating in a herniated disc, after a new work assignment involving lifting heavy carburetors. The self-insured employer appealed the Board's findings that the claimant sustained a compensable injury and that her failure to give timely statutory notice was excused. The court affirmed the Board's decisions, asserting that a compensable accident can arise from repetitive trauma leading to a sudden collapse, and the specific onset of severe pain satisfies the suddenness test. Furthermore, the Board properly excused the delayed notice as it neither aggravated the injury nor hindered the defense. Substantial medical evidence supported the causal relationship between the work activities and the injury.

Repetitive TraumaHerniated DiscLaminectomyDelayed Notice ExcusedCausal ConnectionSuddenness TestWorkers' Compensation Board AppealSubstantial EvidenceWork-related InjuryEmployer Liability
References
10
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