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Case Law Database

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

Case No. ADJ9918136
Regular
Jul 12, 2018

CINDI ROCHA-GARCIA vs. BODEGA LATINA CORPORATION dba EL SUPER, YORK RISK SERVICES GROUP

The defendant employer sought reconsideration of a finding that the applicant's stomach injury arose from employment, arguing a lack of causal connection. The Workers' Compensation Appeals Board granted the petition for reconsideration. The original Findings of Fact were rescinded and replaced, deferring the issue of the stomach injury and confirming it was not barred by a specific defense. The case is remanded for further proceedings before the WCJ to develop the record on the stomach injury.

Workers' Compensation Appeals BoardBodega Latina CorporationEl SuperYork Risk Services GroupPetition for ReconsiderationFindings of FactWorkers' Compensation Administrative JudgeStomach InjuryCausal ConnectionFurther Development of the Record
References
0
Case No. MISSING
Regular Panel Decision

Stromski v. Jefferson Auto Body

The claimant, an auto body repairer for 27 years, sought workers' compensation benefits for stomach cancer, attributing it to occupational exposure to chromium and talc. The Workers’ Compensation Board denied his claim, concluding that his disease was not causally related to his occupation after resolving conflicting expert medical testimony against him. The Board credited the carrier's expert, an internal medicine specialist, who testified that studies only link a specific type of chromium to carcinogenicity in the upper respiratory tract, not stomach cancer. This expert testimony successfully rebutted the statutory presumption of compensability under Workers’ Compensation Law § 21. The appellate court affirmed the Board's decision, emphasizing that resolving conflicts in medical testimony, particularly regarding causation, falls within the Board's province. Additionally, the claimant's appeal from the denial of reconsideration was deemed abandoned.

Occupational DiseaseStomach CancerCausationMedical Expert TestimonyChromium ExposureTalc ExposureBurden of ProofStatutory PresumptionAppellate ReviewBoard Decision Affirmed
References
4
Case No. MISSING
Regular Panel Decision
Nov 14, 1978

Claim of Spasiano v. Empire City Iron Works

The claimant, a mechanic hired in 1974, suffered a low back injury at work in November 1974. He had a pre-existing medical condition, having undergone subtotal gastrectomy in 1965. The employer's insurance carrier filed a C-250 seeking reimbursement from the Special Fund, alleging a pre-existing permanent physical impairment. To claim reimbursement, it needed to be established that the employer hired or continued the claimant with knowledge of the impairment and a good faith belief in its permanency, and that the impairment materially and substantially increased the disability. Conflicting medical opinions were presented regarding whether the claimant's prior stomach condition materially and substantially increased his disability. The Workers' Compensation Board found, based on medical evidence including Dr. Lehv's report, that the prior stomach condition did not materially and substantially increase the disability. This finding, supported by substantial evidence, led to the affirmation of the Board's decision, discharging the Special Fund from liability.

Workers' Compensation BoardSpecial Fund LiabilityPre-existing ConditionSubtotal GastrectomyLow Back InjuryMaterially and Substantially Greater DisabilityMedical EvidenceReimbursementEmployabilityPermanency
References
2
Case No. ANA 394929
Regular
Aug 23, 2007

JOSE LUIS SILVA vs. EL MODENO GARDENS, INC., STATE COMPENSATION INSURANCE FUND, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied SCIF's petition for reconsideration regarding the cumulative injury award and exposure percentages. However, the Board granted Redwood's petition and amended the original award to include an additional two weeks of temporary disability for the applicant in May 2005 due to knee injections. The original findings regarding the cumulative injury to the stomach, extremities, and eyes, as well as the need for future medical care, were otherwise affirmed.

Workers' Compensation Appeals BoardCumulative InjuryLower ExtremitiesEyesStomachTemporary DisabilityFuture Medical CareExposureLiability ApportionmentPetition for Reconsideration
References
0
Case No. ADJ8703877
Regular
Jan 01, 2014

WILLIAM LOZANO (Deceased), CYNTHIA LOZANO (Widow) vs. PYRAMID SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a widow's claim for workers' compensation benefits for her deceased husband's stomach cancer, alleging it was an industrial injury. The applicant contended her husband, a firefighter for a DoD installation, was entitled to a presumption of industrial injury under Labor Code section 3212.1. However, the Appeals Board affirmed the WCJ's decision, finding the cancer was not industrial because the relevant statute amendment, which would have included DoD firefighters, was not retroactive. Therefore, the presumption of industrial injury did not apply to the decedent's cancer manifestation.

Workers' Compensation Appeals BoardWilliam LozanoCynthia LozanoPyramid ServicesState Compensation Insurance FundADJ8703877Opinion and Decision After Reconsiderationindustrial injurystomach cancerpresumption
References
0
Case No. ADJ2560512 (SBA 0086380) ADJ4001757 (GOL 0087273)
Regular
Nov 09, 2010

CYNTHIA MEHAS-WIPF vs. CORNING REVERE FACTORY STORES, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, rescinded prior decisions, and returned the case to the trial level for further proceedings. The Board found the record confusing and incomplete, necessitating clarification of stipulated facts regarding insurance coverage and the date of applicant's specific injury. Issues regarding apportionment, specific body parts injured, and the compensability of stomach problems due to medication also require further explanation and decision. The Board also directed the WCJ to clearly define all issues to be decided in future hearings.

Workers' Compensation Appeals BoardReconsiderationFinding and OrderFindings and AwardAdministrative Law JudgeSpecific InjuryCoverageCumulative TraumaPermanent DisabilityApportionment
References
6
Case No. ADJ7298156, ADJ6499211
Regular
Jun 21, 2013

SOLOMON WELLS vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATION

This case involved a police officer's claim for industrial injury, including stomach cancer. The applicant sought reconsideration and removal of an order that allowed the record to be reopened for further medical evidence development concerning his cancer diagnosis. The Appeals Board dismissed the reconsideration petition because the order was not a final determination of substantive rights. They also denied the removal petition, finding no significant prejudice or irreparable harm, and directed the WCJ to rule on a subsequent petition to reopen. The Board noted potential application of Labor Code section 3212.1 regarding cancer presumptions for police officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalUnsubmittedMedical IssueCancer DiagnosisMandatory Settlement ConferenceIndustrially CausedLate OfferingReopening Discovery
References
5
Case No. ADJ8446188
Regular
Apr 20, 2020

MARTHA BARKER vs. POMONA UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES

The Workers' Compensation Appeals Board rescinded a prior award and remanded the case for further development of the record regarding Martha Barker's industrial injury claim against Pomona Unified School District. The Board found that Barker sustained injury to her left knee, low back, and upper gastrointestinal system but not her right knee, and requires future medical care. However, the specific liability for her stomach surgery and the exact level of her permanent disability remain unresolved due to conflicting medical reports and WCJ findings. Therefore, all issues beyond the confirmed injuries and need for future care are deferred.

Workers' Compensation Appeals BoardPomona Unified School DistrictYork Risk ServicesFindings and AwardWorkers' Compensation Administrative Law Judgepermanent disabilityLabor Code Section 4658temporary disability indemnityself-procured medical treatmentstomach surgery
References
1
Case No. MISSING
Regular Panel Decision
Dec 03, 1979

Harrell v. D'Elia

The petitioner initiated a proceeding under CPLR article 78 to review a determination by the State Commissioner of Social Services, which affirmed the discontinuance of her public assistance grant. The petitioner had reported to a public work project and informed an official about medical issues with her leg and stomach, leading to being given a medical form. Despite her testimony, the State commissioner found she claimed inability to work without a valid reason, leading to the grant termination. The court found this conclusion unsupported by the record and annulled the determination, stating that merely expressing inability to perform duties is not an outright refusal of employment. The case was remanded for further proceedings consistent with the court's findings.

public assistancehome reliefwelfarefair hearingmedical inabilityrefusal of employmentannulmentremandCPLR Article 78 proceedingSocial Services Law violation
References
3
Case No. MISSING
Regular Panel Decision

Franklin v. Apfel

Roger R. Franklin appealed the denial of social security disability benefits by Commissioner Kenneth S. Apfel. Franklin claimed disability since January 1993 due to back problems, depression, anxiety, and stomach ulcers. An Administrative Law Judge (ALJ) initially denied benefits, a decision affirmed by the Appeals Council. District Judge Curtin reviewed cross-motions for judgment on the pleadings. The court found that the ALJ erred by downplaying non-exertional impairments and by relying on unreliable vocational expert testimony regarding job availability. Consequently, the plaintiff's motion was granted, the defendant's denied, and the case was remanded for further administrative proceedings consistent with the decision.

Disability BenefitsSocial Security ActALJ DecisionRemandResidual Functional CapacityNon-Exertional ImpairmentsVocational ExpertSubstantial EvidenceMedical-Vocational GuidelinesMental Impairment
References
17
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