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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
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision

Arroyo v. Callahan

Plaintiff Mario Arroyo moved for judgment on the pleadings, challenging the Commissioner of Social Security's decision regarding the onset date of his disability. Arroyo sought Social Security Disability benefits, alleging disability from May 1987, but an Administrative Law Judge (ALJ) had set the onset date as January 17, 1992. The District Court found that the ALJ erred by not applying the correct legal standard, specifically by failing to consider lay and retrospective medical testimony regarding an earlier onset. The court concluded that the record overwhelmingly supported a May 1987 onset date for Arroyo's mental disability. Consequently, Arroyo's motion was granted, and the case was remanded to the Social Security Administration for the calculation and disbursement of benefits from May 1987 to January 17, 1992.

Social Security Disability Insurance (SSDI)Disability Onset DateMental DisabilityRetrospective Medical OpinionAdministrative Law Judge (ALJ) ReviewAppeals CouncilMedical EvidenceLay Witness TestimonyTreating Physician RuleRemand for Benefits Calculation
References
11
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. ADJ9810841
Regular
Sep 04, 2018

RUBEN RANGEL FLORES vs. KT MODA, INC., dba ICHIBAN JAPANESE RESTAURANT, TECHNOLOGY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a lien claim. The defendant argued the lien was untimely filed based on the compromise and release date, but the Board found the lien was filed within the statutory 18-month period from the last date of service, as interpreted by case law. Furthermore, the Board held the statute of limitations was tolled due to the defendant's failure to serve the compromise and release on the lien claimant, despite having prior notice of the claim. Therefore, the WCJ's order for retrospective utilization review and to address the lien was upheld.

ADJ9810841KT Moda IncIchiban Japanese RestaurantTechnology Insurance CompanyAmtrust North AmericaPetition for ReconsiderationJoint Findings and OrdersLien ClaimCentury Transportation Services Sherman OaksCompromise and Release
References
7
Case No. MISSING
Regular Panel Decision

Flanigan v. Colvin

John Flanigan, a pro se plaintiff, challenged the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) benefits. Flanigan alleged disability since November 1, 2008, due to various conditions including COPD, severe back and neck pain. The Administrative Law Judge (ALJ) Robert Gonzalez denied benefits, finding no severe medically determinable impairment through December 31, 2008, Flanigan's last insured date. Flanigan opposed this, arguing the ALJ used an erroneous onset date and failed to properly consider his medical history, including retrospective opinions and past workers' compensation claims. The Court, presided over by Magistrate Judge Andrew J. Peck, affirmed the Commissioner's decision, concluding that the ALJ's finding was supported by substantial evidence and that Flanigan's newly submitted evidence was immaterial to establishing disability during the relevant period.

Social Security ActDisability Insurance BenefitsSupplemental Security IncomeJudgment on the PleadingsAdministrative Law JudgeTreating Physician RuleSubstantial EvidenceMedically Determinable ImpairmentCervical RadiculopathyCOPD
References
74
Case No. MISSING
Regular Panel Decision

MARTINZE v. Barnhart

Plaintiff, Gary Martinez, seeks review of the Commissioner of Social Security's final determination denying his claim for Social Security Disability benefits due to Post Traumatic Stress Disorder (PTSD). The Administrative Law Judge (ALJ) denied SSD benefits, asserting insufficient medical evidence of a severe impairment before Martinez's insured status expired in December 1997, although SSI benefits were granted from April 1999. The Court found the ALJ erred by failing to adhere to Social Security Ruling 83-20 concerning disability onset date determination and by implicitly rejecting the treating psychologist's retrospective opinion of a December 1996 onset date. Concluding that further administrative proceedings were unnecessary given the compelling evidence, the Court granted Martinez's motion. The final decision of the Commissioner was reversed in part, and the case was remanded solely for the calculation and payment of Social Security Disability benefits, while the Commissioner's cross-motion for further administrative proceedings was denied.

Social Security DisabilityPTSDDisability Onset DateTreating Physician RuleSocial Security Ruling 83-20Retrospective Medical OpinionCredibility AssessmentAdministrative Law Judge (ALJ) ErrorRemand for Benefits CalculationFederal Court Review
References
14
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
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