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

Case No. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
0
Case No. SFO 0425862 SFO 0425863
Regular
May 14, 2008

William Bishop vs. IGC POLYCOLD SYSTEMS, ROYAL & SUN ALLIANCE

This case involves a workers' compensation applicant claiming injury to his right shoulder and seeking a new vocational rehabilitation plan. The Appeals Board affirmed the WCJ's denial of a new vocational plan and the finding of no industrial injury to the right shoulder. However, they reversed the WCJ to award benefits resulting from right shoulder surgery, deeming it a consequence of the compensable left shoulder injury.

Workers' Compensation Appeals BoardReconsiderationVocational Rehabilitation PlanIndustrial InjuryRight ShoulderLeft ShoulderTemporary DisabilityQualified Medical EvaluationCausationNon-Industrial
References
8
Case No. ADJ2226224 (SAC 0311341) ADJ1548628 (SAC 0312986) ADJ3458941 (OAK 0280429)
Regular
May 15, 2009

William Ross vs. CITY OF SACRAMENTO

This case concerns William Ross's claim for new and further disability benefits from the City of Sacramento for cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a previous award. The WCAB found Ross was temporarily totally disabled from March 15, 2005, to June 23, 2005, for treatment of his right shoulder impingement. This period was awarded despite the defendant's arguments that Ross was retired, had no intention to seek work, and delayed treatment. The WCAB determined that Ross's withdrawal from the labor market was due to his industrial injury, entitling him to benefits.

Workers' Compensation Appeals BoardJoint Findings and Awardnew and further disabilitytemporary disabilitycumulative trauma injuriessanitation workervocational rehabilitationretirementvoluntary withdrawal from labor marketindustrial injury
References
1
Case No. ADJ1313860
Regular
Mar 07, 2017

Kevin Voelker vs. D. Frey Plastering Co., State Compensation Insurance Fund

This case involves a workers' compensation applicant challenging an Independent Medical Review (IMR) determination that denied authorization for shoulder surgery. The applicant argued the IMR incorrectly applied guidelines for acromioplasty/impingement syndrome instead of guidelines for a rotator cuff tear, which was the actual condition for which surgery was requested. The Appeals Board granted reconsideration, finding the IMR's determination was based on a plainly erroneous mistake of fact readily apparent from the submitted records, not requiring expert opinion. Consequently, the Board rescinded the IMR determination and remanded the matter for a new IMR process.

Workers' Compensation Appeals BoardIndependent Medical ReviewPetition for ReconsiderationFindings and OrderPlainly Erroneous Finding of FactMedical Treatment Utilization ScheduleRequest for AuthorizationRotator Cuff TearAcromioplastyImpingement Syndrome
References
3
Case No. 2021 NY Slip Op 04940 [197 AD3d 1379]
Regular Panel Decision
Sep 02, 2021

Matter of Bigdoski v. Bausch & Lomb

Barbara Bigdoski, a customer service representative, developed bilateral shoulder impingement and right lateral epicondylitis, which she attributed to extensive typing. A Workers' Compensation Law Judge found her condition to be a causally-related occupational disease with a disablement date of June 20, 2019, a decision affirmed by the Workers' Compensation Board. The employer and its carrier appealed, contending the condition was related to her workspace configuration rather than repetitive motion. The Appellate Division, Third Department, affirmed the Board's finding, citing competent medical evidence establishing a link between Bigdoski's work and her condition, and rejected the carrier's arguments.

Workers' CompensationOccupational DiseaseShoulder ImpingementEpicondylitisRepetitive MotionCausally RelatedMedical EvidenceSubstantial EvidenceAppellate ReviewJudicial Review
References
7
Case No. MISSING
Regular Panel Decision

Jockimo v. Abess

Plaintiff appealed a Supreme Court order which granted defendant's motion for summary judgment, dismissing her personal injury complaint. The case arose from an August 1998 car accident where plaintiff sustained injuries. She alleged serious injury to her back, neck, chest, and right shoulder under Insurance Law § 5102 (d). The defendant's motion for summary judgment was based on an orthopedic surgeon's report finding only temporary impairment. Plaintiff opposed with her own orthopedic surgeon's affirmation diagnosing impingement syndrome and fibromyalgia with a permanent partial disability. The appellate court affirmed the dismissal, ruling that plaintiff failed to present sufficient objective medical evidence quantifying the limitations to meet the serious injury threshold under the no-fault law.

Personal InjuryMotor Vehicle AccidentSerious Injury ThresholdSummary JudgmentAppellate ReviewNo-Fault LawPermanent Consequential LimitationObjective Medical FindingsImpingement SyndromeFibromyalgia
References
9
Case No. MISSING
Regular Panel Decision
Dec 12, 2002

Parsons-Zieba v. Cornell University

The claimant, an administrative assistant, developed pain in her right wrist, arm, shoulder, and neck due to repetitive motions required by her job. She was diagnosed with impingement syndrome (rotator cuff tendonitis), which her physician determined was causally related to her employment duties, and her condition was alleviated by surgery. The Workers' Compensation Board ruled this constituted an accidental injury and awarded benefits, a decision subsequently appealed by the employer and carrier who disputed the "accidental injury" definition. The court affirmed the Board's ruling, citing substantial medical evidence from physicians Edward Koppel and Stephanie Roach, which established that repetitive acts could cause a debilitating injury without requiring a sudden event. Additionally, the court found the arguments regarding timely notice of the claim to be unpersuasive.

Workers' Compensation LawAccidental InjuryRepetitive Stress InjuryImpingement SyndromeRotator Cuff TendonitisAdministrative AssistantMedical EvidenceAppellate ReviewCausally Related DisabilityTimely Notice
References
5
Case No. ADJ3849140 (RDG 0119253)
Regular
Apr 04, 2011

THEMAS TRESLER vs. MOUNTAIN SATELLITE, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over workers' compensation jurisdiction regarding a left shoulder injury. The defendant, SCIF, sought reconsideration of a WCJ's award of treatment for the shoulder, arguing lack of jurisdiction. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. This decision acknowledges that the left shoulder claim may not have been definitively resolved by prior stipulations and requires the WCJ to determine if Labor Code section 5815 applies, potentially leading to a full hearing on the shoulder injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryLeft Shoulder InjuryStipulation with Request for AwardDeclaration of Readiness to ProceedContinuing JurisdictionLabor Code Section 5909
References
5
Case No. ADJ8361032
Regular
Sep 04, 2019

CAROL WORKMAN vs. ST. THERESA/ST. JOSEPH SCHOOL

This case concerns Carol Workman's claim for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) due to bilateral shoulder injuries. The Workers' Compensation Appeals Board (WCAB) overturned a prior decision and found Workman entitled to SIBTF benefits. This was based on evidence showing her current work-related shoulder injuries, when combined with prior non-industrial and industrial shoulder issues, met the statutory threshold for SIBTF eligibility. The Board found that the cumulative injury to her shoulders resulted in at least 5% permanent disability before adjustments, satisfying the requirement for SIBTF benefits.

SIBTFSubsequent Injuries Benefits Trust Fundwhole person impairmentcumulative traumaacromegalybilateral shouldersrange of motionmotor deficitapportionmentdiminished future earning capacity
References
17
Case No. ADJ3481462 (OAK 0297878)
Regular
Sep 24, 2009

KATHRYN MILLS vs. BERKELEY UNIFIED SCHOOL DISTRICT, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of an award finding industrial injury to the applicant's left upper extremity and shoulder, causing temporary disability and need for further medical care. The applicant's treating physician, Dr. Nolan, provided opinions regarding her left shoulder and other body parts, while Dr. Cabayan also provided opinions on the left shoulder and other extremities. The Workers' Compensation Appeals Board granted reconsideration and amended the award, clarifying that future medical care is consistent with Dr. Cabayan's opinions for the left shoulder and Dr. Nolan's opinions for other body parts. The Board affirmed the award with this specific amendment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryInstructional AssistantLeft Upper ExtremityCompensable ConsequenceTemporary DisabilityFurther Medical CareSubstantial Evidence
References
0
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