CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Dement v. Kelly

Petitioner William Dement, a former NYPD lieutenant and 9/11 first responder, challenged the denial of his World Trade Center (WTC) line-of-duty accident disability retirement (ADR) pension. Dement developed multiple conditions, including severe sleep apnea and gastroesophageal reflux disease (GERD), after his WTC exposure. The Medical Board repeatedly denied his WTC-ADR application, attributing his disability solely to sleep apnea unrelated to WTC exposure, despite evidence linking GERD and heavy metal poisoning (recognized WTC conditions) to his sleep apnea and overall disability. The Supreme Court upheld the denial. However, the appellate court reversed this decision, finding that the respondents failed to rebut the WTC presumption of causation. The court determined that Dement's disabling sleep apnea was attributable to WTC exposure and exacerbated by his WTC-related GERD, as supported by medical literature. The case was remanded for an award of a WTC-ADR pension, emphasizing the legislative intent to protect 9/11 workers.

WTC Disability RetirementFirst Responder HealthCausation StandardPresumptive EvidenceMedical Board ReviewSleep Apnea DisabilityGastroesophageal Reflux Disease (GERD)Heavy Metal ToxicityPolice Pension BenefitsArticle 78 Proceeding
References
12
Case No. ADJ4311260
Regular
Feb 16, 2010

ROBERT LEWIS vs. TOPA INSURANCE CO. INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address whether applicant's sleep apnea is industrially related. The initial WCJ found it was not, based on stipulations and medical reports, but the applicant contested this, relying on Dr. Fu's report. The Board found Dr. Fu's report lacked substantial evidence due to insufficient reasoning and a conclusory approach. Therefore, the case is returned to the trial level for further development of the record regarding the industrial causation of the applicant's sleep apnea.

Workers' Compensation Appeals BoardIndustrial InjuryCervical SpineRight ShoulderPermanent DisabilitySleep ApneaIndustrial CausationMedical TreatmentReconsiderationAgreed Medical Examiner (AME)
References
0
Case No. ADJ7438046
Regular
Nov 28, 2016

Bridgitte Strawberry vs. California Department of Corrections and Rehabilitation

The applicant sought reconsideration of a prior award, primarily contesting the exclusion of headaches and sleep apnea as industrial injuries and the rating methodology for lumbar spine and right knee injuries. The Appeals Board granted reconsideration, affirming that headaches and sleep apnea were not industrially caused but found the applicant entitled to a 15% increase in permanent disability. Crucially, the Board determined the Agreed Medical Examiner's alternative *Almaraz/Guzman* ratings for the lumbar spine and right knee were valid, requiring a return to the trial level for new rating instructions and further proceedings on permanent disability and apportionment.

Workers' Compensation Appeals BoardLegally UninsuredFindings and AwardIndustrial InjuryPsycheLumbar SpineRight KneeHypertensionGERDPermanent Disability
References
4
Case No. ADJ9777475
Regular
Feb 14, 2017

MOSES CASTILLO vs. CITY OF LOS ANGELES

The WCAB granted reconsideration regarding a prior award of $73\%$ permanent disability for an applicant's industrial injuries. The Board found the WCJ erred by including a $2\%$ rating for sleep apnea, as Labor Code section 4660.1(c)(1) prohibits increases for sleep dysfunction arising from a compensable physical injury. Furthermore, the Board remanded for clarification on the $10\%$ right hand and wrist impairment rating, as the agreed medical evaluator may have improperly combined impairment components under the AMA Guides. Jurisdiction was deferred for a re-rating of permanent disability after these issues are resolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4660.1(c)(1)AMA GuidesAgreed Medical EvaluatorCarpal Tunnel SyndromeCumulative InjuryDate of Injury
References
12
Case No. ADJ2000734
Regular
Apr 14, 2011

ESTELA OREGON (Deceased), ARMANDO SOTELO, et al vs. ENGLANDER TUALATIN SLEEP PRODUCTS, INC., & COMMERCE & INDUSTRY/AIG CLAIM SERVICE

The Workers' Compensation Appeals Board denied reconsideration of a prior decision in the case of Estela Oregon (Deceased) v. Englander Tualatin Sleep Products, Inc. The Board adopted the reasoning of the workers' compensation administrative law judge. Additionally, the petitioner was admonished for submitting new documents not presented at trial.

Petition for ReconsiderationWCJ ReportDeny ReconsiderationNew DocumentsNot Introduced in EvidenceTrialWorkers' Compensation Appeals BoardDeceased ApplicantDefendant InsurerAdministrative Law Judge
References
0
Case No. ADJ1528752 (FRE 0238108) ADJ2715270 (FRE 0238107) ADJ4356655 (FRE 0238106)
Regular
Mar 10, 2014

JUANITA GUZMAN vs. BEST BUY, GALLAHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant's orthopedic injuries were established, resulting in a $29\%$ permanent disability rating. However, the applicant failed to provide substantial medical evidence that her industrial injuries caused or contributed to her alleged cardiovascular system issues, sleep apnea, GERD, or hypertension. Specifically, the opinion of the applicant's expert, Dr. Cayton, was deemed not substantial evidence due to reliance on an inaccurate and unverified history of the applicant's weight.

Workers' Compensation Appeals BoardJoint Findings of Fact and AwardPetition for ReconsiderationAdministrative Law JudgeBest BuyGallaher Bassett ServicesInc.Permanent DisabilityIndustrial InjuriesOrthopedics
References
0
Case No. ADJ7800321
Regular
Apr 21, 2014

MARIA BERRIOS vs. NEWSWAYS DISTRIBUTORS, TOWER SELECT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing the lien of California Sleep Apnea Center (CSAC). CSAC's lien was dismissed for failure to appear at a lien conference, and the WCJ found this reason sufficient even without defendant's direct notification of the conference. Furthermore, the Board noted that even if the lien had not been dismissed for non-appearance, it would have been denied because the applicant's underlying injury claim had already been decided against them. This prior ruling prevents CSAC from meeting its burden of proof that the treatment provided was for a compensable injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismiss LienLien ClaimantLien ConferenceFailure to AppearProof of ServiceReport and RecommendationFindings and OrderBurden of Proof
References
0
Case No. ADJ7511995
Regular
Apr 13, 2020

Teresa Trejo vs. Yum Brands; doing business as Taco Bell, ACE AMERICAN INSURANCE

This case concerns Teresa Trejo's claim for new and further permanent disability stemming from a 2010 industrial injury to her spine and knees while employed by Taco Bell/Yum! Brands. The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's denial of Trejo's petition to reopen, finding sufficient medical evidence from a Qualified Medical Evaluator (QME) to establish a compensable psychiatric injury. The WCAB returned the matter to the trial level for further development of the record regarding sleep apnea and headaches, and for a new decision on the extent of Trejo's disability.

ReconsiderationPetition to ReopenNew and Further DisabilityQualified Medical EvaluatorAgreed Medical ExaminerCumulative TraumaSpecific InjuryPsychiatric InjuryDepressive DisorderAdjustment Disorder
References
1
Case No. MISSING
Regular Panel Decision

Pesserillo v. National Grid

Plaintiff Richard Pesserillo sued National Grid for disability discrimination under the Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL). He alleged constructive discharge after a sleep apnea diagnosis led to a vehicular accident and subsequent pressure to retire. National Grid moved to dismiss the complaint, arguing that Pesserillo had signed an Agreement and General Release waiving all such claims. The Court denied National Grid's motion, ruling that it was premature to determine the validity of the waiver without further factual inquiry into the circumstances of its execution, especially considering Pesserillo's allegations of duress and coercion. This decision allows the plaintiff to proceed with his claims.

Disability DiscriminationConstructive DischargeAmericans with Disabilities ActNew York State Human Rights LawMotion to DismissWaiver AgreementRelease of ClaimsTotality of CircumstancesDuressCoercion
References
13
Case No. ADJ3192115 (SBR 0342658)
Regular
Feb 03, 2014

YONIR ALARCON vs. STELLAR ENTERPRISES, CALIFORNIA INSURANCE COMPANY

This case involves an applicant seeking workers' compensation benefits for injuries stemming from a fall. The WCJ initially awarded benefits for chest pain, right hand, and head injury, but denied claims for sleep apnea, shortness of breath, scarring, right eye, jaw, psyche, and neck. The applicant requested reconsideration, arguing the WCJ erred in denying these additional claims and in failing to further develop the medical record. The Appeals Board affirmed the WCJ's decision, finding applicant failed to properly object to medical findings and that discovery had closed. A dissenting commissioner argued for reconsideration to allow further development of the record, citing inadequate initial medical treatment and potential for more extensive injuries.

Workers' Compensation Appeals BoardIndustrial InjuryPetition for ReconsiderationFindings and AwardMedical DeterminationsLabor CodeMandatory Settlement ConferenceDissenting OpinionOccupational InjuryMedical Provider Network
References
0
Showing 1-10 of 179 results

Ready to streamline your practice?

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

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational