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Case Law Database

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

Case No. ADJ2155395
Regular
Feb 25, 2011

GEORGE CROUSHORN vs. THE MCINTYRE COMPANY, AMERICAN CASUALTY

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the decision and returning the case to the trial level. The Board found that the in vitro fertilization expenses were not fully compensable as requested, only the costs related to the applicant's sperm extraction. Regarding modifications to the applicant's vacation home, the Board questioned their reasonableness as medical treatment, given that the primary residence had already been modified twice. The Board remanded the vacation home issue for further development of the record, specifically to determine if defendant made representations that led the applicant to detrimentally rely on them regarding modifications to a third property.

WCABIndustrial InjurySpine InjuryT-6 ParaplegiaIn Vitro FertilizationVacation Home ModificationsReasonably Required Medical TreatmentEquitable EstoppelSperm ExtractionMedical Treatment Utilization Schedule
References
11
Case No. MISSING
Regular Panel Decision

Claim of Spyhalsky v. Cross Construction

This case of first impression examines whether Workers' Compensation Law § 13 (a) mandates a workers’ compensation carrier to cover sperm extraction and intrauterine insemination for an injured worker who cannot procreate due to a causally related injury. The claimant sustained a work-related back injury in 1995, leading to surgery and consequential retrograde ejaculation. When conservative treatments failed, his urologists recommended artificial insemination to achieve pregnancy. The Workers’ Compensation Board authorized these procedures, ruling that the inability to naturally father a child constituted a compensable injury requiring treatment. The court affirmed this decision, emphasizing a liberal interpretation of the Workers' Compensation Law to meet its humanitarian objectives and asserting that coverage for restoring lost bodily functions extends to procreative capabilities.

Workers' Compensation LawMedical Treatment CoverageRetrograde EjaculationIntrauterine InseminationProcreation RightsCompensable InjuryBodily Function LossStatutory InterpretationSperm ExtractionMedical Necessity
References
14
Case No. MISSING
Regular Panel Decision

Transport Workers Union, Local 252 v. Veolia Transportation Services, Inc.

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References
0
Case No. CASE12345
Regular Panel Decision
Jan 01, 2023

MatterofNoboavInternationalShoppes,Inc.

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References
0
Case No. MISSING
Regular Panel Decision

International Ass'n of Machinists & Aerospace Workers v. Metro-North Commuter Railroad & Transport Workers Union, Local 2001

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References
0
Case No. MISSING
Regular Panel Decision

Bricklayers & Allied Craft-Workers Local 2 ex rel. O'sick v. Moulton Masonry & Construction, LLC

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References
0
Case No. MISSING
Regular Panel Decision

Andraszek v. Rochester Telephone Workers

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References
0
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. ADJ10469262 ADJ9725605
Regular
Dec 21, 2017

MARIA GALERA vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES; IN-HOME SUPPORTIVE SERVICES; YORK RISK SERVICES GROUP

This case involves a defendant's petition for removal from a WCJ's order admitting deposition extracts and vacating submission. The defendant argued the WCJ failed to provide reasoning for the order to develop the record. However, the WCJ's subsequent report explained the necessity of record development due to insufficient medical evidence. A status conference confirmed the need for further development, rendering the removal petition moot. Consequently, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalDeposition ExtractsVacating SubmissionFurther DevelopmentWorkers' Compensation Administrative Law JudgeReport and RecommendationPetition for ReconsiderationSubstantial Medical EvidenceStatus ConferenceOff Calendar
References
0
Case No. ADJ1776695 (STK 0194100)
Regular
Dec 28, 2015

LINDA PACKARD vs. SAN JOAQUIN COUNTY MENTAL HEALTH

This case concerns applicant Linda Packard's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying specific dental treatment, extraction of tooth 18 and a cantilever bridge. The WCAB denied reconsideration, upholding the administrative law judge's finding that the requested treatment was not medically necessary due to the industrial injury. The dissenting commissioner argued that the jaw condition was encompassed within the initial finding of "head" injury and that the WCAB retained jurisdiction to enforce the prior award of further medical treatment. The dissent proposed granting reconsideration to find liability for jaw treatment and allow for utilization review of the specific procedure.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJindustrial injurytooth extractioncantilever bridgetemporomandibular jointLabor Code section 4610utilization review
References
10
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