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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 03, 2000

Claim of Lesperance v. Gulf Oil Co.

The claimant, a former truck driver for Gulf Oil Company, developed bilateral torn rotator cuffs, diagnosed in September 1991, while working part-time for Susse Chalet. The Workers' Compensation Board ruled the condition an occupational disease, fixing the disablement date as September 3, 1991, and attributed it to employment with both Gulf and Susse Chalet, allowing Susse Chalet to pursue apportionment. The current appeal concerns the Board's decision from April 3, 2000, which established the claimant's average weekly wage based solely on employment with Susse Chalet. The claimant argued that due to the disease's degenerative nature and long employment with Gulf, wages from both employers should be considered for the average weekly wage. However, the Board's decision to base the average weekly wage solely on Susse Chalet employment was affirmed, citing Workers' Compensation Law provisions that define wage and average weekly wage based on employment at the time of injury and absence of provisions for successive employers.

Average Weekly Wage CalculationOccupational Disease ApportionmentDate of DisablementSuccessive Employment WagesRotator Cuff InjuryWorkers' Compensation Law InterpretationDegenerative DiseaseStatutory DefinitionsConcurrent Employment DistinctionBoard Decision Appeal
References
0
Case No. 67209218
Regular Panel Decision

Claim of Kane v. Hart & Krouse Corp.

The case involves an appeal from the Workers’ Compensation Board regarding the timeliness of a claim for a myocardial infarction. The claimant, a sandblaster, suffered a myocardial infarction in April 1967. An initial C-3 form filed in September 1968 listed 'silicosis,' but subsequent medical reports by Dr. Edward C. Alessi detailed a heart condition. A later C-3 form in September 1972 specifically mentioned the myocardial infarction. The employer argued the cardiac claim, filed in 1972, was untimely under Workers’ Compensation Law section 28. The Board found that the September 1968 filing, combined with the medical reports, sufficiently alerted the carrier to the claimant's condition. The appellate court affirmed the Board's decision, finding substantial evidence to support the timeliness of the claim.

Timeliness of ClaimMyocardial InfarctionSilicosisWorkers' Compensation LawNotice to CarrierMedical ReportsPermanent DisabilityHeart ConditionOccupational DiseaseC-3 Form
References
2
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision

Claim of Andujar v. More Candy Co.

This case concerns an appeal from a Workmen’s Compensation Board decision regarding the calculation of a claimant’s average weekly wage following a compensable accident on September 14, 1971. The claimant, a four-day, 10-hour-per-day worker since December 15, 1970, had their average weekly wage computed using a 260 multiple under Section 14 of the Workmen’s Compensation Law, with the Board affirming the Referee’s decision based on the claimant being a 'full-time worker'. The appellate court found that subdivisions 1 and 2 of Section 14 could not apply as they are restricted to five-day workers, and that only subdivision 3 was applicable. The court determined that using a 260 multiple merely because the claimant was a 'full-time worker' lacked statutory basis and support in the record. Consequently, the decision was reversed and the matter remitted to the Workmen’s Compensation Board for proper computation of a multiple pursuant to subdivision 3, recognizing the claimant's status as a four-day worker to ensure compensation reflects their true wage-earning capacity.

Workers' Compensation LawAverage Weekly WageWage Calculation260 MultipleFour-Day Work WeekFull-Time WorkerStatutory InterpretationSubstantial EvidenceRemittalAppellate Review
References
0
Case No. MISSING
Regular Panel Decision

Palmer v. Champlain Valley Specialty

The claimant appealed a Workers' Compensation Board decision, filed March 31, 2016, which affirmed a Workers' Compensation Law Judge's finding that the claimant voluntarily removed herself from the labor market and had no compensable lost time from October 30, 2013, to May 12, 2015. The claimant, who suffered work-related injuries in June 2011, had her benefits suspended in September 2013 for failing to demonstrate continued labor market attachment. Despite applying for services with ACCES-VR, her engagement was limited to counseling, and she delayed pursuing job search services or surgery. The court affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant did not diligently participate in ACCES-VR or an independent job search within her medical restrictions.

Workers' CompensationLabor Market AttachmentVoluntary RemovalJob SearchMedical RestrictionsACCES-VRSubstantial EvidenceAppellate ReviewBenefits SuspensionReinstatement
References
10
Case No. MISSING
Regular Panel Decision
Jun 06, 1995

Claim of Glasheen v. New York State Department

Claimant, a General Counsel for the New York Department of State, developed muscular skeletal strain and nerve dysfunction from extensive writing, leading to a diagnosis of cumulative trauma disorder. After an inability to agree on accommodations for her disability, she was terminated in October 1993. The Workers’ Compensation Board established occupational disease and causal relationship, setting the date of disablement as October 3, 1991. The Board further ruled she sustained a causally related partial disability from September 20, 1993 through September 8, 1994, entitling her to benefits. The employer appealed, arguing she voluntarily removed herself from the job market and that the date of disablement was incorrect. The appellate court affirmed the Board's decision, finding substantial evidence supported that claimant did not voluntarily withdraw from the labor market and that October 3, 1991, was the proper date of disablement.

Occupational DiseaseMuscular Skeletal StrainNerve DysfunctionCumulative Trauma DisorderPartial DisabilityDate of DisablementVoluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsEmployer AccommodationMedical Evidence
References
4
Case No. ADJ9162432
Regular
Oct 23, 2017

TEODORO LARIOS vs. EASTBAY EQUITIES, INC. dba WENDY'S OLD FASHIONED HAMBURGERS, AMTRUST NORTH AMERICA

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded lien claims for psychiatric treatment. The defendant argues that Labor Code section 3208.3(d) bars these claims due to insufficient employment duration and that the prior WCAB opinion is res judicata. The WCAB granted reconsideration, rescinded the WCJ's decision, and remanded the case for further proceedings. The WCAB clarified that while psychiatric conditions may be claimed as compensable consequence injuries post-January 1, 2013, they do not increase permanent impairment ratings, and the six-month employment requirement under section 3208.3(d) still applies unless the treatment was essential for a physical injury.

Workers' Compensation Appeals BoardLabor Code Section 3208.3(d)Res JudicataMedical Treatment Utilization Schedule (MTUS)Official Medical Fee Schedule (OMFS)Independent Bill ReviewCompensable Consequence InjuryPsychiatric InjuryPermanent ImpairmentLength of Employment
References
5
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision

Matter of Diaz v. Kleinknecht Electric

The claimant, injured while running electrical cables near the World Trade Center site beginning in September 2001, first sought medical treatment in April 2003 and continued working until March 2011. Following a workers' compensation claim, an arbitrator initially classified him with a permanent total disability and established the date of disablement as March 2011, entitling him to a weekly rate of $739.83. In January 2013, the arbitrator rescinded this decision, finding the date of disablement to be April 2003, reducing the weekly award to $400. The claimant appealed this decision. The Court affirmed the arbitrator's decision, applying the CPLR 7511 standard for reviewing arbitration awards, which limits judicial intervention to cases of corruption, fraud, misconduct, bias, or awards violating public policy, being irrational, or exceeding arbitrator's power. The Court found no irrationality in the arbitrator's selection of the date of first medical treatment as the date of disablement.

Workers' Compensation LawArbitration Award ReviewDate of DisablementPermanent Total DisabilityWorld Trade Center InjuriesAlternative Dispute ResolutionCPLR 7511 StandardJudicial Review of ArbitrationWaiver of ObjectionsIrrationality Standard
References
12
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
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