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

Case No. 535283
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Racheal Brown

Claimant Racheal L. Brown, a phlebotomist, appealed two decisions by the Workers' Compensation Board. Initially, her claim for right wrist tendonitis was established as an occupational disease, but right carpal tunnel syndrome was disallowed. Claimant later sought to amend her claim to include consequential right carpal tunnel syndrome after surgery, which the WCLJ initially allowed but the Board subsequently disallowed. The Board also deemed her rebuttal application deficient. This appellate court affirmed the Board's decision, finding no abuse of discretion in rejecting the rebuttal for incompleteness and concluding that substantial evidence supported the Board's denial of the consequential carpal tunnel syndrome claim, as claimant failed to establish a causal connection by competent medical evidence. The court also affirmed the Board's modification of the degree of disability to mild, based on established conditions.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeRight Wrist TendonitisCausal RelationshipAppellate ReviewBoard DecisionsDisability RateMedical EvidenceAdministrative Review
References
7
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
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
Case No. LAO 0857845
Regular
Oct 12, 2007

NATIVIDAD URIAS vs. VISHAY TRANSDUCERS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant seeking further medical treatment for admitted industrial injuries to her right shoulder and bilateral upper extremities. The Workers' Compensation Appeals Board granted reconsideration to clarify the scope of awarded medical treatment. The Board affirmed the need for a right carpal tunnel release surgery as recommended by the applicant's physician but reversed the award of arthroscopic shoulder surgery, finding it premature without a specific recommendation or request for authorization.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardExpedited HearingFurther Medical TreatmentArthroscopic Shoulder SurgeryCarpal Tunnel ReleasePrimary Treating PhysicianQualified Medical EvaluatorUtilization Review
References
0
Case No. 535283
Regular Panel Decision
Dec 14, 2023

Matter of Brown v. Laboratory Corp. of Am.

Claimant Racheal L. Brown appealed two decisions from the Workers' Compensation Board concerning her claim for workers' compensation benefits. Initially, her claim for right carpal tunnel syndrome as an occupational disease was disallowed, while right wrist tendonitis was established. The Board subsequently denied her request to amend the claim to include consequential right carpal tunnel syndrome due to a lack of clear causal relationship. Additionally, the Board modified the degree of her disability to mild based on the established conditions. The Appellate Division affirmed both Board decisions, finding no abuse of discretion in rejecting claimant's rebuttal and concluding that substantial evidence supported the Board's determination on the causal relationship.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeWrist TendonitisCausal RelationshipMedical EvidenceAppellate ReviewAdministrative ProcedureRebuttal ApplicationDisability Benefits
References
7
Case No. MISSING
Regular Panel Decision

Claim of Pawlak v. Ford Motor Co.

An assembly line worker, whose initial claim for a back injury in April 2000 was established, sought additional workers' compensation benefits for bilateral carpal tunnel syndrome and a neck injury, and reimbursement for back surgery performed in December 2000. The Workers' Compensation Board disallowed the additional claims, denied reimbursement for the surgery due to lack of authorization, and adjusted her compensation for the established back injury to reflect a moderate disability. On appeal, the court affirmed the Board's decision, finding the carpal tunnel claim untimely under Workers' Compensation Law § 28 and the neck injury claim improperly noticed under Workers' Compensation Law § 18, also lacking causal relation evidence. The court further agreed that proper authorization was not obtained for the back surgery as required by Workers' Compensation Law § 13-a (5) and 12 NYCRR 325-1.4. The appellate court concluded that substantial evidence supported the Board's decision in its entirety.

Workers' Compensation Law § 28Workers' Compensation Law § 18Workers' Compensation Law § 13-aBilateral Carpal Tunnel SyndromeBack InjuryNeck Injury ClaimUntimely ClaimLack of AuthorizationDisability RatingAppellate Division
References
4
Case No. MISSING
Regular Panel Decision

Claim of Carr v. Cairo Fire District

Claimant, a volunteer firefighter, sustained a right hand fracture and subsequently developed bilateral carpal tunnel syndrome and ulnar nerve compression, which his treating physician and a first independent medical examination (IME) linked to his work injury. The employer's workers' compensation carrier disputed the claim after a second IME found no carpal tunnel syndrome. During a Workers' Compensation Law Judge (WCLJ) proceeding, the WCLJ amended the claim to include consequential injuries without taking sworn testimony or allowing the carrier to cross-examine the claimant or his treating physician. The Workers’ Compensation Board affirmed this decision. On appeal, the court reversed, holding that the carrier was improperly denied its right to present testimony and cross-examine the treating physician, thereby prejudicing the employer. The matter was remitted for further proceedings.

Workers' CompensationVolunteer FirefighterCarpal Tunnel SyndromeUlnar Nerve CompressionIndependent Medical ExaminationRight to TestimonyCross-ExaminationProcedural Due ProcessEvidentiary HearingAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Rathbun v. D'Ella Pontiac Buick GMC, Inc.

In February 1999, claimant experienced work-related wrist and elbow pain, later diagnosed as bilateral carpal tunnel syndrome. The employer's workers’ compensation carrier initially accepted the claim and authorized medical treatment. In 2006, claimant sought authorization for left wrist surgery, which the carrier denied, asserting that liability shifted to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. This was based on the lapse of seven years from the injury date and three years from the last compensation payment. The Workers’ Compensation Board deemed § 25-a inapplicable. However, the Appellate Division reversed, finding that the case was "truly closed" in July 2003 when right wrist surgery was authorized, as no further proceedings were contemplated. Consequently, the court held that Workers’ Compensation Law § 25-a indeed applies, shifting liability to the Special Fund, and remitted the matter for further proceedings.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational InjuryMedical Authorization DenialCase ReopeningStatute of LimitationsLapse of TimeTruly Closed Case DoctrineAppellate Division
References
5
Case No. 2019 NY Slip Op 06836
Regular Panel Decision
Sep 26, 2019

Matter of Christensen-Mavrigiannakis v. Nomura Sec. Intl., Inc.

Claimant Deborah Christensen-Mavrigiannakis sustained a workplace injury from a fall, initially establishing claims for neck and back injuries. The Workers' Compensation Board (WCB) later amended the claim to include a left shoulder injury and subsequently bilateral carpal tunnel syndrome and right cubital tunnel syndrome, along with awards at a temporary total disability rate. On appeal, the Appellate Division affirmed the WCB's decision regarding the left shoulder injury, citing substantial evidence based on the treating physician's testimony. However, the court reversed the WCB's amendment for the carpal tunnel and cubital tunnel syndromes, finding the medical opinion supporting causal relationship irrational. The Appellate Division upheld the WCB's finding of total disability and associated awards, acknowledging the Board's authority to modify prior decisions.

Workers' CompensationCausal RelationshipMedical EvidenceLeft Shoulder InjuryCarpal Tunnel SyndromeCubital Tunnel SyndromeIndependent Medical Examination (IME)Workers' Compensation Board (WCB)Appellate ReviewSubstantial Evidence
References
12
Case No. MISSING
Regular Panel Decision

North Shore University Hospital v. State Human Rights Appeal Board

This proceeding involved a review of an order from the State Human Rights Appeal Board, which affirmed a finding by the State Division of Human Rights that the petitioners had discriminated against complainant Essie Morris. The discrimination stemmed from the petitioners' failure to accommodate Morris's observance of the Sabbath and her subsequent employment termination, violating Executive Law § 296(10). The court found substantial evidence supporting the Division's finding that petitioners improperly placed the burden on Morris to find assignment swaps. It emphasized an employer's affirmative duty to reasonably accommodate religious beliefs. The petitioners also failed to demonstrate exemption from Executive Law § 296(10) under paragraphs (b) and (c). Consequently, the order was confirmed, and the petitioners' appeal was dismissed.

Religious DiscriminationSabbath ObservanceEmployment TerminationReasonable AccommodationExecutive Law § 296State Human Rights LawEmployer ResponsibilitySubstantial Evidence ReviewJudicial Review of Administrative OrderPetition Dismissal
References
3
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