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Case Law Database

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

Case No. ADJ1748495 (SAC 0288002)
Regular
Jan 25, 2010

ERIC STEWART vs. SOLON FIRE CONTROL, CAMBRIDGE SAN DIEGO

This case involves an applicant claiming workers' compensation for sarcoidosis allegedly caused by occupational exposure to dry fire extinguisher chemicals. The administrative law judge initially found no industrial causation, favoring the defendant's medical examiner over the applicant's. On reconsideration, the Appeals Board affirmed this decision, finding the applicant failed to prove it was reasonably probable his condition arose from employment due to a lack of early irritative symptoms and the presence of prior skin lesions. The dissenting commissioner argued that the applicant's credible testimony and the applicant's QME's report sufficiently established industrial causation, as sarcoidosis can have an insidious onset.

SarcoidosisIndustrial causationQualified Medical Examiner (QME)Dry fire extinguisher chemicalsCumulative traumaPulmonary systemSkin involvementMedical evidenceOccupational exposureImmunologic processes
References
2
Case No. ADJ11145478
Regular
Mar 11, 2020

Belen Ramirez vs. SATE OF CLALIFORNIA, DEPARTMENT OF CORRECTIONS/HEMAN STARK YOUTH CORRECTIONAL FACILITY

The Appeals Board granted reconsideration of the WCJ's decision that the applicant failed to prove injury arising out of and in the course of employment (AOE/COE). The Board found that the Qualified Medical Examiner's (QME) reports and deposition testimony lacked substantial evidence due to inconsistencies regarding causation of the applicant's sarcoidosis and exposure to asbestos. Consequently, the Board rescinded the WCJ's order and returned the case for further development of the record. This further development should include clarifying the QME's opinions on causation and potentially obtaining a new medical evaluation if necessary.

SarcoidosisQualified Medical Examiner (QME)AOE/COESubstantial evidenceMedical opinionRecord developmentAsbestos exposurePulmonary medicineOccupational exposureEtiology
References
0
Case No. 2025 NYSlipOp 01413
Regular Panel Decision
Mar 13, 2025

Matter of Goss v. WTC Volunteer

Cynthia Goss, a crisis response services provider, volunteered at the World Trade Center site in October and December 2001, after an initial paid assignment. In 2018, she filed a claim for workers' compensation benefits due to sarcoidosis from toxic exposure. A Workers' Compensation Law Judge (WCLJ) initially established the claim, but the Workers' Compensation Board reversed, finding she was not a participant under Workers' Compensation Law article 8-A. The Appellate Division, Third Department, reversed the Board's decision, holding that the Board's determination was not supported by substantial evidence given her direct connection to the rescue, recovery, and cleanup operations, and remitted the matter for further proceedings.

WTC ClaimsVolunteer CompensationToxic ExposureSarcoidosisWorkers' Compensation Law Article 8-AAppellate DivisionSubstantial Evidence ReviewClaim RemittalCrisis Response ServicesNew York Police Department
References
6
Case No. CV-23-2160, CV-24-0333
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Cynthia Goss

Cynthia Goss, a crisis response services provider, sought workers' compensation benefits for sarcoidosis sustained from exposure at the World Trade Center (WTC) site as a volunteer in October and December 2001. Initially, a WCLJ established her claim under Workers' Compensation Law article 8-A, finding her activities covered. However, the Workers' Compensation Board reversed, concluding she was not a "participant" in WTC rescue, recovery, and cleanup operations. The Appellate Division found the Board's determination unsupported by substantial evidence, noting Goss's direct connection to the NYPD command center and her role in providing mental health support to first responders at the site. The court emphasized the liberal construction intended for Workers' Compensation Law article 8-A and reversed the Board's decisions, remitting the matter for further proceedings.

WTC ClaimsVolunteer BenefitsSarcoidosisWorkers' Compensation AppealsWorld Trade Center RescueRecoveryCleanup OperationsMental Health SupportFirst RespondersAppellate Division
References
9
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Brown v. Commissioner of Social Security

Kenneth A. Brown sought judicial review of the Commissioner of Social Security's denial of his Supplemental Security Income (SSI) disability benefits claim, alleging sarcoidosis and other physical ailments. The case, heard by United States Magistrate Judge Gabriel W. Gorenstein, involved Brown's appeal of an Administrative Law Judge's decision and the Appeals Council's subsequent denial of review. Brown contended the ALJ failed to develop the record and the Appeals Council erred in not considering new evidence, including a pulmonary function test from 2007. The court found that the ALJ adequately developed the record for the relevant period and that the new evidence was not material as it related to a period after the ALJ's decision. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Brown's cross-motion was denied, leading to the dismissal of his complaint.

Social SecurityDisability BenefitsSSISarcoidosisChronic PainAdministrative Law JudgeAppeals CouncilMedical EvidenceRecord DevelopmentJudicial Review
References
15
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