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

Case No. 2015-05-0235
Regular Panel Decision
Jul 13, 2016

Wiliams, David v. Nissan North America, Inc.

David Williams, an employee of Nissan North America, Inc., filed a Petition for Benefit Determination seeking workers' compensation benefits for injuries to his right shoulder, right elbow, and left elbow. Presiding Workers' Compensation Judge Dale Tipps conducted a Compensation Hearing on July 6, 2016, in Murfreesboro, Tennessee. The central issues included the compensability of Mr. Williams' conditions, entitlement to temporary and permanent disability benefits, medical benefits, and whether his left elbow claim was barred by inadequate notice. The Court ultimately found that Mr. Williams provided adequate notice and successfully established that his left elbow injury arose primarily out of and in the course and scope of his employment, entitling him to related benefits. However, the Court denied benefits for his right elbow and shoulder, concluding that he failed to prove a causal relationship between these injuries and his work activities.

Left Elbow InjuryCubital Tunnel SyndromeRepetitive Strain InjuryCausation DisputeMedical Expert TestimonyTemporary Disability BenefitsPermanent Disability BenefitsEmployer NoticeDisability Plan SetoffTennessee Law
References
4
Case No. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
0
Case No. 2024 NY Slip Op 05517
Regular Panel Decision
Nov 07, 2024

Matter of Daniels v. New York City Tr. Auth.

Mary Daniels, a train conductor, filed a claim for workers' compensation benefits alleging work-related injuries to her right shoulder, right elbow, and right hand from a March 4, 2022 incident. A Workers' Compensation Law Judge (WCLJ) found prima facie medical evidence for injuries including her neck, but ultimately established the claim only for the shoulder and elbow, finding no causally-related neck injury. The Workers' Compensation Board affirmed this determination. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, concluding it was supported by substantial evidence. The court noted that while treating physicians opined on a causally-related neck injury, the claimant herself did not report neck pain in her initial claim or job injury report and denied it during the hearing, thereby undermining the factual basis for the medical opinions.

Workers' CompensationCausationNeck InjuryShoulder InjuryElbow InjuryCredibility DeterminationSubstantial EvidenceAppellate ReviewTreating PhysicianOrthopedic Surgeon
References
5
Case No. 2020 NY Slip Op 04221 [185 AD3d 1342]
Regular Panel Decision
Jul 23, 2020

Matter of Kleban v. Central NY Psychiatric Ctr.

Claimant Derek Kleban sustained a right shoulder injury in 2013, for which he received a 28.75% schedule loss of use (SLU) award for his right arm. In 2017, he suffered a work-related injury to his right elbow, with his physician finding a 20% SLU of the right elbow. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board ruled that claimant was not entitled to a further SLU award for the elbow injury because the prior SLU award for the right arm exceeded the current 20% SLU. The Appellate Division, Third Department, affirmed this decision, citing Workers' Compensation Law § 15 (3) and prior precedents, which limit SLU awards based on the injured body member and degree of impairment, and allow multiple awards only for loss of use of more than one member or parts thereof, but not when a subsequent injury to a part of a previously awarded larger member results in a lower SLU.

Schedule Loss of Use (SLU)Workers' Compensation BenefitsRight Shoulder InjuryRight Elbow InjuryImpairment RatingPrior AwardSubsequent InjuryAppellate DecisionAffirmationWorkers' Compensation Board
References
4
Case No. 2020 NY Slip Op 05276 [187 AD3d 1285]
Regular Panel Decision
Oct 01, 2020

Matter of Covington v. New York City Dept. of Corr.

Claimant Simod Covington, a correction officer, sustained a work-related injury to his right elbow while restraining an inmate. A Workers' Compensation Law Judge (WCLJ) initially awarded a 22.5% schedule loss of use (SLU) of the right elbow. However, the WCLJ deducted prior SLU awards totaling 25% for previous right elbow and shoulder injuries, resulting in a 0% SLU for the instant claim. The Workers' Compensation Board affirmed this decision, finding that the prior SLU awards were properly credited toward the current claim. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that SLU awards compensate for loss of earning power from permanent impairments to statutorily-enumerated body members, and that prior awards for the right arm were properly credited regardless of whether they involved the same or separate parts of the arm.

Workers' CompensationSchedule Loss of Use (SLU)Right Arm InjuryPrior SLU AwardsCredit for Prior InjuriesLoss of Earning PowerCorrection Officer InjuryAppellate ReviewWorkers' Compensation BoardJudiciary Law
References
5
Case No. ADJ7902052
Regular
Mar 04, 2014

SHARON TEDFORD vs. SUPERIOR COURT COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case involves a workers' compensation applicant seeking reconsideration of a decision that found injury to her right shoulder, elbow, and hand, resulting in 34% permanent disability. The applicant contended the permanent disability rating was too low and that injury to her right wrist and left shoulder was improperly denied. The Appeals Board granted reconsideration, adopting the WCJ's report to correct a rating calculation error, increasing the permanent disability to 35%. The Board affirmed the denial of injury to the right wrist and left shoulder, finding substantial evidence supported the original determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingIndustrial InjuryAOE/COERight Shoulder InjuryRight Wrist InjuryLeft Shoulder InjuryPermanent Disability Schedule
References
6
Case No. 530457
Regular Panel Decision
Jun 04, 2020

Matter of Blair v. Suny Syracuse Hosp.

Jeffrey Blair, who previously received a 25% schedule loss of use (SLU) award for a 1995 right elbow injury, sustained a 2017 work-related right shoulder injury. An independent medical examiner found a 45% SLU of his right arm due to the shoulder injury. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board, deducted the prior 25% SLU from the 45% SLU, resulting in a 20% SLU award for the 2017 claim. Blair appealed, contending the 45% SLU was solely attributable to his shoulder injury and should not be reduced. The Appellate Division, Third Department, affirmed the Board's decision, holding that impairments to separate parts of a member are encompassed in an overall SLU award for that specified member, making the deduction of a prior SLU award for the same member proper.

Workers' CompensationSchedule Loss of UseRight Arm InjuryPrior Injury DeductionShoulder InjuryElbow InjuryAppellate ReviewPermanent Partial DisabilityMedical ImpairmentNew York State
References
2
Case No. MISSING
Regular Panel Decision

Matter of Campito v. New York State Dept. of Taxation & Fin.

The claimant appealed a Workers’ Compensation Board decision denying her claim for consequential right shoulder injury benefits. In 2008, the claimant sustained a compensable injury to her neck, left elbow, and upper back. She later sought to amend her claim to include a consequential right shoulder injury, attributing it to overuse caused by her established left arm injury. However, both the Workers’ Compensation Law Judge and the Board found no competent medical evidence to support a causal link. An independent medical examiner, James McGowan, attributed the right shoulder issues to adhesive capsulitis related to her diabetic condition, rather than the work accident. The appellate court affirmed the Board’s decision, emphasizing that resolving conflicting medical opinions falls within the Board’s exclusive authority and their determination was supported by substantial evidence.

Workers' CompensationConsequential InjuryRight Shoulder InjuryOveruse InjuryMedical EvidenceCausationAdhesive CapsulitisDiabetesConflicting Medical OpinionsSubstantial Evidence
References
4
Case No. CV-23-0868
Regular Panel Decision
Oct 24, 2024

In the Matter of the Claim of Victor Germano

Claimant, Victor Germano, sustained a right shoulder injury in 2015 and a right arm injury in 2019. He was previously awarded a 27.50% schedule loss of use (SLU) for the 2015 injury. Following the 2019 injury to his right elbow and biceps, his treating physician opined a 33.33% SLU of the right arm, in addition to the prior injury. The Workers' Compensation Board affirmed a decision allowing the State Insurance Fund to credit prior payments, thereby offsetting the new SLU award. Citing *Matter of Johnson v City of New York*, the Appellate Division reversed the Board's decision, determining that it lacked substantial evidence, as the claimant's physician clearly distinguished the 33.33% SLU from the prior shoulder injury. The case was remitted to the Board for further proceedings.

Workers' Compensation Board (WCB)Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryBiceps Tendon InjuryMedical Evaluation ReportCredit for Prior PaymentsAppellate Division ReviewSubstantial Evidence StandardMaximum Medical Improvement (MMI)
References
8
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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