Updated Daily

Case Law Database

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

Case No. ADJ10426664

Regular

Apr 14, 2017

BEHDAD SEPANJ vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the award, but affirmed the finding that the applicant sustained an industrial injury arising out of and in the course of employment. The Board found the applicant's testimony credible regarding his commute, rejecting the defendant's "going and coming" rule defense. However, the Board agreed with the defendant that the initial award's specific list of injured body parts was premature. The amended award lists the specific injured body parts as spleen, left shoulder, chest, back, left scapula, ribs, pelvis, and right knee.

going and coming ruletransportation engineermotor vehicle accidenturological systemsneurological systemshead injuryright eye injurysplenectomyhospital discharge summarycredibility determination

References

Case No. MISSING

Regular Panel Decision

Aug 22, 2003

Keaney v. City of New York

The plaintiff, a laborer for York Scaffold, sustained a fractured scapula when wooden planks fell on him while he was hoisting them at a renovation site, allegedly due to inadequate safety devices in violation of Labor Law § 240 (1). A jury initially found for the plaintiff, but the trial court set aside the verdict, citing speculative causation. Upon reargument, the trial court maintained its determination. The appellate court reversed this decision, finding a rational basis for the jury's conclusion that the rope pulley failed to provide proper protection, thus reinstating the plaintiff's favorable verdict.

Personal InjuryConstruction AccidentLabor Law § 240 (1)Falling ObjectScaffoldingHoisting AccidentJury VerdictAppellate ReviewMotion to Set Aside VerdictAbsolute Liability

References

Showing 1-2 of 2 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

BEHDAD SEPANJ vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

going and coming ruletransportation engineermotor vehicle accidenturological systemsneurological systemshead injuryright eye injurysplenectomyhospital discharge summarycredibility determination

Keaney v. City of New York

Personal InjuryConstruction AccidentLabor Law § 240 (1)Falling ObjectScaffoldingHoisting AccidentJury VerdictAppellate ReviewMotion to Set Aside VerdictAbsolute Liability