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

Case No. ADJ11027267
Regular
Feb 03, 2023

LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

This case involves an injured tile setter, Luis Rosales, who claimed lumbar radiculopathy stemming from an admitted industrial lumbar contusion. The Workers' Compensation Appeals Board denied reconsideration of a prior order, upholding a finding of 0% permanent disability. This decision was based on the Qualified Medical Examiner's (QME) reports, which the Board found to be substantial evidence. The Board specifically rejected the applicant's argument that the QME's opinions were inconsistent, clarifying that the QME found the sacral cyst unrelated to the lumbar contusion, not that the symptoms were unrelated to the cyst.

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability
References
2
Case No. ADJ8045034
Regular
Jun 07, 2013

JAMES BOCKMANN vs. WESTERN ENGINEERING CONTRACTORS, OLD REPUBLIC GENERAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case concerns a worker's compensation claim for injury to the neck, scalp, and back following a motor vehicle collision and subsequent fall. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the trial judge's award because the Agreed Medical Evaluator's (AME) opinion lacked substantial evidence due to an unclear and potentially inaccurate medical history. The WCAB found that the medical record was contradictory regarding the cause of the applicant's back injury, making meaningful review impossible. Therefore, the WCAB rescinded the award and returned the matter to the trial level for further proceedings to determine which incident, or combination thereof, caused the injury.

Workers' Compensation Appeals Boardindustrial injurytruck drivermotor vehicle collisionfaintingfallaggravated pre-existing injuryAgreed Medical Evaluatormedical recordreconsideration
References
13
Case No. MISSING
Regular Panel Decision

Claim of Lucas v. Peter Kiewit Sons Co.

Decedent Stanley Lucas, an electrician, died from generalized pancreatitis secondary to a ruptured pancreatic abscess, which was found to be a compensable injury. He was discovered lying on the ground at work by a co-worker after reportedly hurting himself on a plank, leading to a contusion on his pancreas. Medical testimony from Dr. Seymour Cutler and Dr. Lester M. Fox established a direct causal link between the work injury on January 23, 1975, and his death on January 27, 1975. The Workers' Compensation Board's finding that the claimant sustained an accident arising out of and in the course of employment, resulting in a causally related death, was supported by substantial evidence. The decisions of the Board were affirmed on appeal.

Workers' Compensation Law § 118Corroboration of AccidentDecedent's DeclarationsExpert Medical TestimonyAppellate ReviewCausal RelationshipPancreatic InjuryEmployment-Related DeathSubstantial Evidence ReviewBoard Affirmation
References
2
Case No. 2018 NY Slip Op 01108 [158 AD3d 965]
Regular Panel Decision
Feb 15, 2018

Matter of Williams v. New York State Off. of Temporary Disability & Assistance

Claimant, Theresa J. Williams, appealed a Workers' Compensation Board decision denying her claim for benefits. She alleged an elevator door struck her, causing sprains and contusions. The Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding she exaggerated the incident and her injuries did not arise from employment, based significantly on video surveillance that contradicted her account. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing the Board's authority to resolve factual issues and assess witness credibility. The court concluded that the Board's determination was supported by substantial evidence and that there was no medical opinion establishing causation based on the incident as depicted in the video.

Workers' Compensation BenefitsAccidental InjuryCourse of EmploymentCredibility AssessmentVideo Surveillance EvidenceElevator IncidentClaim DisallowanceBoard Decision AffirmationFactual Issue ResolutionSubstantial Evidence Review
References
6
Case No. MISSING
Regular Panel Decision

Rosen v. Nygren Dahly Co.

This appeal concerns an order from Supreme Court, Monroe County, which initially denied a third-party defendant's (Flower City Printing, Inc.) motion for summary judgment. The plaintiff, an employee of Flower City, sustained scalp and facial lacerations from a drill press. Flower City sought to dismiss the third-party complaint, arguing the plaintiff did not suffer a grave injury under Workers’ Compensation Law § 11. The appellate court modified the original order. It affirmed the denial of summary judgment regarding an acquired brain injury but granted summary judgment dismissing claims based on permanent and severe facial disfigurement, concluding the plaintiff's scarring did not meet the 'grave injury' threshold.

Workers' CompensationGrave InjurySummary JudgmentFacial DisfigurementBrain InjuryThird-Party ComplaintAppealMonroe CountyAppellate DivisionMedical Evidence
References
1
Case No. Appeal No. 61254
Regular Panel Decision

Wehmeyer v. Port Authority

Plaintiff, an employee, suffered multiple injuries, including fractured ribs and a contusion of the left kidney, after falling from a ladder onto a counter in the Eastern Airlines terminal. The initial Supreme Court order granted summary judgment dismissing the complaint. On appeal, the court modified this order, reinstating the plaintiff's Labor Law § 240 (1) claim against Eastern Airlines and Port Authority due to unresolved factual issues regarding safe equipment provision. However, claims against New York Helicopter and ASI were dismissed, as they lacked sufficient control over the plaintiff's work to incur liability under Labor Law § 240 (1). Motions for reargument were partially granted, while motions for leave to appeal were denied.

Labor LawLadder FallSummary JudgmentAppellate ReviewElevation-Related RiskEmployer LiabilityOwner LiabilityContractor LiabilityWorkplace SafetyPersonal Injury
References
3
Case No. MISSING
Regular Panel Decision

Claim of Garcia v. Brassiere Restaurant

A claimant with a known pre-existing brain condition suffered a lacerated scalp at work. Subsequently, the claimant developed cerebellar degeneration and became permanently and totally disabled. An impartial neurologist determined that while the claimant experienced minor head and neck pain causally related to the accident, the severe disability stemmed from a progressive degenerative disease and a posttraumatic seizure disorder, neither of which were found to be causally related to the work accident or exacerbated by the pre-existing condition. The Workers’ Compensation Board relieved the Special Fund from liability, concluding that the pre-existing impairment did not materially and substantially increase the permanent disability beyond what the subsequent injury alone would have caused. The appellate court affirmed the Board's decision, citing substantial evidence.

Workers' CompensationSpecial FundPermanent Total DisabilityPre-existing ConditionCausal RelationshipCerebellar DegenerationHead InjuryMedical OpinionImpartial Medical ExaminerAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

People v. Turkenich

Igor Turkenich was convicted of manslaughter after making inculpatory statements to police without Miranda warnings while confined in a psychiatric hospital. The statements concerned the death of his mother, Zinaida Turkenich, who died from a skull fracture and contusions. The defendant, a recent Russian immigrant with diminished mental capacity and unable to speak English, was interrogated by detectives at Metropolitan Hospital. Despite the detectives' initial intent to give Miranda warnings, a doctor advised against it due to the defendant's mental state. The trial court initially suppressed the statements but later reversed its ruling. On appeal, the court determined that the interrogation was custodial due to the defendant's involuntary confinement, mental condition, and lack of English proficiency, making the statements inadmissible without prior Miranda warnings. The judgment of conviction was reversed, the suppression motion granted, and a new trial ordered.

Miranda RightsCustodial InterrogationSuppression MotionManslaughter First DegreeMental CapacityInvoluntary ConfessionDue ProcessPsychiatric ConfinementInterpreter IssuesVoluntariness of Statements
References
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