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

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. MISSING
Regular Panel Decision
Jan 24, 2005

Claim of Jones v. New York State Department of Correction

The claimant, a bus driver for the New York City Department of Correction, sustained work-related injuries to her right shoulder and back in September 1998. After surgery in 1999, she sought treatment in 2001 for left shoulder pain, alleging it was a consequential injury from favoring her right shoulder. While a Workers’ Compensation Law Judge initially found a causally related consequential injury, the Workers’ Compensation Board reversed this decision. The Appellate Division affirmed the Board's decision, emphasizing the Board's authority to make its own factual findings and resolve conflicting medical evidence. The Board found the self-insured employer’s medical consultant more credible than the claimant’s physician, and its decision was supported by substantial evidence.

Workers' Compensation Board DecisionAppellate DivisionCausal RelationshipConsequential InjuryCredibility of WitnessesConflicting Medical EvidenceShoulder InjuriesBus DriverNew York City Department of CorrectionAffirmed Decision
References
3
Case No. SFO 0425862 SFO 0425863
Regular
May 14, 2008

William Bishop vs. IGC POLYCOLD SYSTEMS, ROYAL & SUN ALLIANCE

This case involves a workers' compensation applicant claiming injury to his right shoulder and seeking a new vocational rehabilitation plan. The Appeals Board affirmed the WCJ's denial of a new vocational plan and the finding of no industrial injury to the right shoulder. However, they reversed the WCJ to award benefits resulting from right shoulder surgery, deeming it a consequence of the compensable left shoulder injury.

Workers' Compensation Appeals BoardReconsiderationVocational Rehabilitation PlanIndustrial InjuryRight ShoulderLeft ShoulderTemporary DisabilityQualified Medical EvaluationCausationNon-Industrial
References
8
Case No. 2018 NY Slip Op 05979 [164 AD3d 1505]
Regular Panel Decision
Sep 06, 2018

Matter of Levin v. Rensselaer Polytechnic Inst.

Lew H. Levin, a maintenance worker, sustained a left shoulder injury after slipping on ice and established a workers' compensation claim. He later sought to amend his claim to include a causally-related right shoulder injury after experiencing pain during light-duty work. Both the Workers' Compensation Law Judge and the Workers' Compensation Board disallowed the claim for the right shoulder injury, concluding that the claimant failed to establish a causal relationship. The Appellate Division affirmed this decision, noting that the claimant provided inconsistent histories regarding the incident and that the Board appropriately assessed the credibility of both the claimant's testimony and the medical evidence. The court found substantial evidence to support the Board's finding that the right shoulder injury was not causally related to the work incident.

Workers' Compensation ClaimShoulder InjuryCausality DisputeMedical OpinionCredibility AssessmentAppellate ReviewBurden of ProofInconsistent TestimonyWork-Related AccidentWorkers' Compensation Board Decision
References
11
Case No. 534559
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Tayna Bond

Claimant, a nurse, sought workers' compensation benefits for injuries sustained in an assault. The Workers' Compensation Law Judge initially established claims for head and neck injuries but found no causal relationship for anxiety and a right shoulder injury. The Workers' Compensation Board modified this decision to include cephalgia but otherwise affirmed. Claimant appealed, challenging the Board's findings regarding causally-related anxiety, the right shoulder injury, and the degree of her temporary partial disability. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's findings that anxiety and the right shoulder injury were not causally related, and that her partial disability was 80%, not 100%.

Workers' CompensationAnxiety DisorderRight Shoulder InjuryCausal RelationshipDisability AssessmentNurse InjuryPatient AssaultMedical EvidenceConflicting Medical OpinionsAppellate Review
References
18
Case No. ADJ9210498
Regular
Apr 04, 2017

ELEANOR DEFRANCO vs. MONTEREY FISH COMPANY, ENSTAR (US) INC., dba ENSTAR ADMINISTRATORS FOR SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that found industrial injury to applicant's right ankle, right shoulder, and back, but not her right knee. The WCAB rescinded the finding of industrial injury to the back, while otherwise affirming the prior decision. Specifically, the WCAB affirmed the finding that the applicant sustained industrial injury to her right ankle and right shoulder, and that medical treatment for her right knee is compensable to relieve the effects of the industrial injuries. The WCAB adopted the WCJ's reasoning for these decisions, including the application of the *Braewood* principle for treating the non-industrial knee condition.

Workers' Compensation Appeals BoardEleanor DefrancoMonterey Fish CompanyEnstarSeabright Insurance CompanyIndustrial InjuryRight AnkleRight ShoulderRight KneeBack Injury
References
1
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
Sep 07, 2004

Claim of Senecal v. Allied Bendix

Claimant sustained a work-related left shoulder injury in 1991, leading to surgery in 1992 and retirement in 1995. In 2002, he sought workers' compensation benefits for a consequential right shoulder injury, claiming it resulted from favoring his left shoulder. While a Workers' Compensation Law Judge initially established a causally related consequential injury, a Board panel reversed this decision. The Appellate Division affirmed the Board's ruling, finding substantial evidence that the right shoulder condition, which manifested 10-11 years post-initial injury and 7 years post-retirement, was consistent with natural aging and not causally related to the prior work injury.

Workers' CompensationConsequential InjuryRight Shoulder PainLeft Shoulder InjuryCausationMedical EvidenceDegenerative ChangesSpecial Fund for Reopened CasesAppellate ReviewSubstantial Evidence
References
1
Case No. ADJ3304517 (VNO 0558755), ADJ8042777
Regular
Sep 17, 2012

STEPHEN McLAUGHLIN vs. AMERICAN INTERNATIONAL GROUP, CHARTIS

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's right shoulder injury to be a separate industrial injury. The Board determined the shoulder injury was a "compensable consequence" of the applicant's original bilateral hand and wrist injury, occurring while receiving treatment. Therefore, the applicant is not entitled to an additional 104 weeks of temporary disability beyond the statutory limit for the initial injury. The applicant takes nothing by way of his claim for the right shoulder injury as a separate event.

Compensable consequenceCumulative traumaBilateral handsCarpal tunnel syndromeRight shoulder injuryTemporary disabilitySection 4656(c)(1)Petition for reconsiderationFindings and awardWorkers' compensation administrative law judge
References
10
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
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