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

Case No. ADJ7483972, ADJ7483952
Regular
Nov 08, 2012

ROY HAAS vs. CITY OF SANTA ROSA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case involves a workers' compensation applicant, Roy Haas, who sustained injuries to his left elbow and bilateral shoulders. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to increase Haas's permanent disability ratings. The WCAB adopted the WCJ's recommendation to rate impairments based on the highest applicable factor, citing that Dr. Suchard's report did not adequately explain combining strength and range of motion impairments for the elbow, and that strength deficits should not be rated where objective anatomic findings like loss of motion are present and prioritized by the AMA Guides. Consequently, Haas's permanent disability for the left elbow was increased to 25%, and for his shoulders to 31%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability RatingAgreed Medical ExaminerAMA GuidesRange of MotionLoss of StrengthOccupational CodeLabor Code Sections
References
2
Case No. MISSING
Regular Panel Decision
Jan 14, 2012

Claim of Murphy v. Riverside Gas & Oil

Claimant, an oil truck driver, sought workers' compensation benefits for right shoulder and rotator cuff pain sustained over years of work, with a date of injury in 1998 and disability in 2004. The employer and its carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) due to a preexisting shoulder impairment. The Workers’ Compensation Board initially granted the employer's application, but the Special Disability Fund appealed this decision. The appellate court reversed the Board's decision, finding insufficient evidence to prove that the claimant's subsequent work-related injury was a separable condition and not merely a progression of the preexisting impairment. The case was remitted to the Workers’ Compensation Board for further development of the record.

Workers' CompensationSpecial Disability FundReimbursementPreexisting ConditionRotator Cuff InjuryShoulder PainMedical Expert TestimonyPermanent ImpairmentWork-Related InjuryAppellate Review
References
4
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
Case No. CV-23-1672
Regular Panel Decision
Apr 24, 2025

Matter of Vujeva v. Dairy Conveyor Corp.

The claimant, Jozo Vujeva, sustained injuries to both shoulders while working as a mechanic. Following permanency evaluations, a dispute arose regarding the schedule loss of use (SLU) percentages, with the claimant's physician and the carrier's consultant providing differing findings. The Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board rejected the claimant's physician's findings due to non-compliance with the 2018 Workers' Compensation Guidelines for Determining Impairment, specifically regarding the use of a goniometer and repeat measurements. The Board instead credited the carrier's consultant's findings, awarding a 34.5% SLU of the right shoulder and a 27% SLU of the left shoulder. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that the Board's determination was supported by substantial evidence and that opinions not supported by objective findings consistent with the guidelines may have little evidentiary value.

Workers' Compensation LawSchedule Loss of Use (SLU)Shoulder InjuryMaximum Medical Improvement (MMI)Range of Motion (ROM)GoniometerMedical Impairment GuidelinesEvidentiary ValueExpert Medical OpinionSubstantial Evidence
References
10
Case No. 528952
Regular Panel Decision
Feb 27, 2020

Matter of Saputo v. Newsday, LLC

Claimant John Saputo suffered work-related neck and shoulder injuries in 2016, leading to a workers' compensation claim. Initially, a Workers' Compensation Law Judge awarded him a schedule loss of use for his arms, finding no permanent neck impairment, but the Workers' Compensation Board later rescinded this award due to a possible residual neck impairment and remitted for further development of the record. On appeal, the Appellate Division modified the Board's decision, clarifying that a claimant can receive a schedule loss of use award for schedule injuries even if they also have a nonschedule permanent partial disability classification, provided they returned to work at pre-injury wages and receive no award for the nonschedule injury. However, the Court affirmed the Board's finding of substantial evidence for the claimant's residual cervical spine impairment of an unknown severity. The matter was ultimately remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's decision.

Workers' Compensation LawSchedule Loss of Use (SLU)Permanent Partial DisabilityCervical Spine InjuryShoulder InjuryMaximum Medical Improvement (MMI)Wage-Earning CapacityMedical Expert TestimonyAppellate ReviewRemittal
References
6
Case No. ADJ9499569
Regular
Sep 11, 2018

CHRIS HENDERSON vs. CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, increasing the applicant's permanent disability rating from 16% to 26%. This revision was based on incorporating the agreed medical evaluator's findings of a 14% upper extremity impairment due to decreased shoulder range of motion, which the original rating had omitted. The Board also noted the WCJ's rating instructions did not comply with established precedent regarding listing all impairments. The decision otherwise affirmed the WCJ's findings.

Workers' Compensation Appeals BoardCDCR - Corcoran State PrisonState Compensation Insurance FundPetition for ReconsiderationPermanent Disability RatingAgreed Medical EvaluatorOrthopedistEugene HarrisM.D.Temporary Disability Indemnity
References
2
Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
1
Case No. ADJ6630817
Regular
Dec 27, 2010

NADINE WHITEEAGLE vs. CENTRAL RECRIGERATOR SERVICES, GREAT WEST CASUALTY

This case concerns an applicant's shoulder injury resulting in 12% permanent disability. The defendant argued the Permanent Medical Evaluator (PQME) found 0% impairment and objected to the rater's consideration of surgery. However, the Appeals Board affirmed the WCJ's decision, finding the rating instruction was properly based on substantial medical evidence from the PQME's report, which included the applicant's shoulder surgery. The Board also noted the defendant's objection to the rating was untimely.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderPermanent DisabilityPanel Qualified Medical Evaluator (PQME)Whole Person Impairment (WPI)AMA Guides to the Evaluation of Permanent ImpairmentDistal Clavicle ResectionRater InstructionsDEU Rater
References
1
Case No. ADJ8136512 ADJ8136526
Regular
Apr 30, 2019

SOLANGE TUCKER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, PAROLE and COMMUNITY SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The original award found applicant sustained industrial injuries to her shoulder, knees, psyche, hypertension, headaches, and a sleep disorder, resulting in 73% permanent partial disability. The defendant argued against the findings regarding the sleep disorder, temporary disability, and the overall PD rating. The Board affirmed the WCJ's findings, finding substantial evidence supported the award for sleep disorder and temporary disability, and that the psychiatric impairment did not subsume the sleep disorder impairment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryRight ShoulderRight KneeLeft KneePsycheHypertensionSleep Arousal Disorder
References
7
Case No. 02 Civ. 0927
Regular Panel Decision

DeJESUS v. Astrue

Pro se plaintiff Carlos DeJesus challenged the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) under the Social Security Act. The case involved a series of appeals and remands concerning DeJesus's alleged disability between June 1991 and September 1995, stemming from back, shoulder, and chest pain. Administrative Law Judges previously found him not disabled during this period. The Magistrate Judge affirmed this decision, concluding that substantial evidence supported the finding that DeJesus's impairments did not meet the severity criteria for listed impairments and that he could perform light work.

Social Security ActDisability Insurance BenefitsAdministrative Law JudgeResidual Functional CapacityIschemic Heart DiseaseMyocardial IschemiaShoulder InstabilitySpine DisorderMedical Expert TestimonyVocational Expert Testimony
References
71
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