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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

Piatt v. Colvin

Plaintiff April D. Piatt challenged the Social Security Commissioner's denial of her disability insurance benefits, arguing the Administrative Law Judge (ALJ) erred in evaluating her severe impairments (major depressive disorder, anxiety disorder, substance abuse) and non-severe conditions like back pain, carpal tunnel, and restless leg syndrome. Piatt also contested the ALJ's adherence to the treating physician rule regarding Dr. Mehl-Madrona and Ms. Masceri, and the credibility assessment of her testimony. The District Court affirmed the Commissioner's decision, finding it supported by substantial evidence and noting the ALJ properly weighed medical opinions and found no reversible error in the credibility analysis or development of the record. Consequently, Piatt's complaint was dismissed with prejudice.

Disability benefitsSocial Security ActAdministrative Law JudgeALJ decision reviewMental impairmentDepressionAnxiety disorderSubstance abuseResidual functional capacityTreating physician rule
References
37
Case No. 529417
Regular Panel Decision
Feb 06, 2020

Matter of Johnson v. City of New York

Thomas Johnson, a patient care technician, sustained work-related knee injuries in a February 2006 fall. He subsequently sustained additional work-related injuries in November 2009 to his neck, back, shoulder, and hips, for which he received schedule loss of use (SLU) awards for his right arm, left leg, and right leg. The Workers' Compensation Board later ruled on the permanency of his 2006 injuries, finding an 80% SLU for his left leg and a 40% SLU for his right leg. However, the Board reduced these new awards by his previously received SLU awards for the 2009 injuries, resulting in a final 30% SLU for his left leg and a 0% SLU for his right leg. The Appellate Division affirmed the Board's decision, confirming that SLU awards for the knee and hip are encompassed within leg awards, and prior leg SLU awards must be deducted from subsequent leg SLU awards.

Schedule Loss of UseKnee InjuriesHip InjuriesLeg ImpairmentPrior SLU Award DeductionAppellate Division ReviewIndependent Medical ExaminationTreating Physician ReportPermanent Impairment GuidelinesWork-related Accident
References
9
Case No. MISSING
Regular Panel Decision

Matter of Scuderi v. Mazzco Enterprises

Claimant, a union carpenter, filed a workers' compensation claim in 2010 for bilateral carpal tunnel syndrome, which was deemed an occupational disease with a disability onset of June 25, 2010. The workers’ compensation carrier for his last employer, Mazzco Enterprises, sought to apportion liability among claimant’s previous employers, including JD Consulting LLC. The Workers’ Compensation Board ultimately determined the disease was contracted on August 14, 1998, and assigned 45% of the liability to JD Consulting and its carrier. JD Consulting and its carrier appealed, contending that the Board's selection of the contraction date lacked substantial evidentiary support, as the claimant could not recall the onset of symptoms and his treating physician provided no definitive opinion on the matter. The Appellate Division concurred, reversing the Board's decision and remitting the case for further proceedings due to the insufficient evidence supporting the chosen date of contraction.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeApportionment of LiabilityEmployer LiabilitySubstantial EvidenceAppellate ReviewReversalRemittalNew York Law
References
8
Case No. MISSING
Regular Panel Decision
Oct 04, 2006

Claim of McKenzie v. UJA-FED

Claimant, employed in data entry, developed bilateral carpal tunnel syndrome and sought workers' compensation benefits. The Workers' Compensation Law Judge initially dismissed the claim, but the Workers' Compensation Board reversed, finding the condition to be an occupational disease causally related to employment, based on agreement between the treating physician and an independent medical examiner, and the carrier's failure to request cross-examination. The carrier appealed, arguing the Board erred in its finding regarding cross-examination and mischaracterized medical evidence. The appellate court affirmed the Board's decision, ruling that the carrier waived its right to cross-examination by not making a timely request and finding no basis to disturb the Board's assessment of the medical evidence.

Occupational DiseaseCarpal Tunnel SyndromeWorkers' CompensationMedical EvidenceCross-Examination WaiverAppellate ReviewCausationEmployment-Related InjuryMedical Expert TestimonyBoard Decision Appeal
References
6
Case No. MISSING
Regular Panel Decision

People v. Yates

The People moved for a Frye hearing to determine the scientific acceptance of expert testimony on male rape trauma syndrome, which the defendant sought to introduce. The defendant, charged with grand larceny, claimed he was sexually assaulted and that the syndrome explained his failure to report the incident. The court reviewed existing New York case law on rape trauma syndrome for female and child victims, and scientific literature on male sexual assault. It found that male victims exhibit similar post-traumatic stress symptoms to female victims, concluding that male rape trauma syndrome is generally accepted in the scientific community. Therefore, the court denied the People's motion, ruling that a Frye hearing was not necessary.

Male Rape Trauma SyndromeFrye HearingExpert Testimony AdmissibilitySexual AssaultPosttraumatic Stress DisorderScientific AcceptanceGender Neutral LawEvidence LawCriminal ProcedureSodomy
References
26
Case No. MISSING
Regular Panel Decision

In re the Claim of Trickel

In this case, the claimant appealed a decision by the Workers’ Compensation Board regarding a consequential injury claim. The claimant sustained a fractured right tibia and fibula in 1988 during employment, for which workers’ compensation benefits were granted. In 1991, the claimant suffered a lower back injury and contended it was a consequence of the 1988 leg injury and subsequent leg shortening. The Workers’ Compensation Board denied this claim, ruling the 1991 accident was new and unrelated, and apportioned disability with 50% attributed to the noncompensable 1991 incident, 25% to the 1988 leg injury, and 25% to a prior noncompensable leg injury. The court affirmed the Board's decision, stating that whether a disability is consequentially related is a factual question for the Board and that the Board was free to credit the carrier’s expert testimony which found no causal relationship.

Workers' CompensationAppealCausally Related InjuryBack InjuryLeg FracturePermanent DisabilityApportionmentMedical Expert TestimonySubstantial EvidenceNew Accident
References
3
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ605947 (MON 0274664)
Regular
Feb 02, 2009

LESLIE CELLUCCI vs. FLORENCE MACHINE PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for injuries to the applicant's hands, upper extremities, and neck, resulting in chronic pain syndrome and a sleep disorder. The defendant disputed the extent of permanent disability and the diagnoses of chronic pain syndrome and sleep disorder. The Appeals Board affirmed the finding of industrial injury and the 85% permanent disability rating, including the diagnoses of chronic pain syndrome and sleep disorder. The Board also granted reconsideration to amend the award to include a life pension for the applicant, as required by law for an 85% permanent disability finding.

Workers' Compensation Appeals BoardLeslie CellucciFlorence Machine ProductsState Compensation Insurance FundADJ605947Opinion and Order Granting ReconsiderationFindings and AwardPermanent DisabilityChronic Pain SyndromeSleep Disorder
References
0
Case No. MISSING
Regular Panel Decision
Dec 13, 1979

In re the Claim of D'Amore v. Town of Hempstead

A claimant appealed a decision from the Workers’ Compensation Board regarding injuries sustained during employment. The claimant was injured by a falling heater, striking his head, right big toe, and leg, leading to subsequent ulceration, gangrene, and amputations of the toe and leg. Although initial medical reports only noted a head injury, later testimony from the claimant and medical experts, Dr. Grauer and Dr. Ahmad, established the link between the workplace accident and the toe and leg injuries. The Board found the injuries causally related. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the findings.

AmputationGangreneUlcerationToe injuryLeg injuryHead injuryWorkplace accidentCredibilitySubstantial evidenceWorkers' Compensation
References
1
Case No. ADJ2505068
Regular
May 28, 2013

MARIA FREITAS vs. SAVEMART SUPERMARKETS

The Workers' Compensation Appeals Board denied SaveMart Supermarkets' petition for reconsideration of an award finding the applicant's right leg injury to be a compensable consequence of her industrial back injury. The WCAB adopted the judge's report, which found the applicant's testimony credible, supported by medical opinions noting prior leg weakness and difficulty walking. The judge found that a contemporaneous surgeon's report, which stated the applicant missed a step, was less persuasive than the applicant's consistent testimony and supporting medical evidence. The WCAB upheld the judge's credibility determination and the finding that the leg injury was causally related to the admitted back injury.

Compensable Consequence InjuryCredibility FindingWCJ Report AdoptionTibia FractureCumulative Back InjuryMechanism of InjuryLower Extremity WeaknessAntalgic GaitSworn TestimonyMedical Opinion
References
1
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