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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Haines v. Kip Sheldon Trucking Co.

Claimant sustained a closed head injury and left carotid artery dissection, leading to a stroke, following a rollover motor vehicle accident during employment. His request for workers' compensation benefits was disputed by the employer, who argued the stroke predated the accident due to prior medical conditions. Conflicting medical opinions were presented regarding the stroke's causal relation to the accident. The Workers’ Compensation Board found the stroke to be causally related, a decision affirmed on appeal. The court found substantial evidence supported the Board's conclusion that the stroke occurred after and as a result of the accident.

Workers' CompensationCausationStrokeMotor Vehicle AccidentCarotid DissectionMedical OpinionConflicting Medical EvidenceAppellate ReviewSubstantial EvidenceTrauma-Induced Injury
References
5
Case No. 536047
Regular Panel Decision
Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence
References
16
Case No. ADJ8-481702
Regular
May 30, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a worker who suffered orthopedic injuries from a fall and subsequently had a stroke in the hospital. The Appeals Board granted reconsideration, finding the stroke to be a compensable consequence of the industrial injury. This was based on the expert opinion that the necessity to withhold anticoagulation medication due to the orthopedic injuries directly increased the risk of the stroke. Therefore, the Board amended the original order to include the stroke as industrially caused, remanding the case for further proceedings.

Salvatore PuccioOnline Graphics and FinishingEmployers Compensation Insurance CompanyADJ8-481702Petition for ReconsiderationCompensable ConsequenceIndustrial InjuryAtrial FibrillationCerebral Vascular AccidentAnticoagulant Therapy
References
6
Case No. MISSING
Regular Panel Decision

Claim of Loftus v. New York News

Claimant suffered a stroke while commuting to work, resulting in a motor vehicle accident and subsequent inability to work. He filed a claim for workers’ compensation benefits, asserting that work-related stress caused the stroke. While his expert attributed the stroke to significant work stress, the claimant's own testimony at the hearing did not fully support these specific stressors, instead citing general pressures of daily newspaper production. The Workers’ Compensation Board denied the claim, finding no emotional strain greater than typical work irritations and concluding the accident did not arise out of and in the course of employment. The Appellate Division reversed this decision, deeming the Board's findings insufficient for review, as it failed to clarify whether the stroke was not considered an accident or lacked a causal link to work. The matter was remitted to the Workers’ Compensation Board for further findings.

StrokeWork-related stressWorkers' Compensation benefitsCausal relationshipAppellate reviewRemittalMedical evidenceExpert testimonyAccident arising out of employmentEmotional strain
References
12
Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
0
Case No. ADJ6626086
Regular
Feb 06, 2017

DAVID ROBINSON vs. CITY OF FRESNO

This case involves a police officer who suffered a stroke and hypertension. The Workers' Compensation Appeals Board rescinded the prior award, finding the Labor Code Section 3212.5 presumption of "heart trouble" did not apply to the applicant's 2008 stroke. However, the case is returned to the trial level to develop the record on whether the applicant's employment caused his hypertension, which then led to the stroke. The defendant can also present arguments regarding permanent disability calculation upon remand.

Workers' Compensation Appeals BoardCity of Fresnopolice officerindustrial injuryhypertensioncerebellar strokeLabor Code Section 3212.5presumption of industrial injuryleft ventricular hypertrophyechocardiogram
References
22
Case No. MISSING
Regular Panel Decision

Claim of Pengal v. Chloe Foods Corp.

A truck driver suffered a stroke at work and filed for workers' compensation benefits. The Workers' Compensation Board denied the claim, finding no causal link between the stroke and employment. This decision was based on the employer's medical expert, who attributed the stroke to the claimant's various preexisting conditions, despite the claimant's medical expert suggesting job-related exertion. The appellate court affirmed the Board's determination, concluding that it was supported by substantial evidence, as the Board has the authority to credit one medical opinion over another.

Workers' CompensationStrokeCausationPreexisting ConditionsMedical Expert OpinionPresumption of CompensabilitySubstantial EvidenceAppellate ReviewEmployment-Related InjuryTruck Driver
References
4
Case No. ADJ7932198
Regular
Aug 06, 2019

JOHN GINN vs. LANCASTER SCHOOL DISTRICT

This case involves a worker who sustained a low back injury, followed by a stroke, hemorrhage, and paralysis. The defendant school district contested the finding that the stroke was a compensable consequence of the initial injury, arguing the medical evidence was flawed. The Appeals Board denied the defendant's petition for reconsideration, upholding the finding of a 100% permanent disability award for the applicant. The Board affirmed reliance on physicians not explicitly designated as QMEs, as the applicant had to self-procure treatment due to the defendant's initial denial of liability for the stroke.

Compensable consequence injuryIschemic strokeIntercerebral hemorrhageHemiparalysisCognitive speech impairmentPermissibly self-insuredKeenan & AssociatesCalPERS salary letterMutual mistake of factPrimary treating physician
References
1
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
1
Case No. ADJ2901317 (FRE0226671)
Regular
May 02, 2011

Connie Mehia vs. CITY OF FRESNO C/O AMERICAN ALL RISK LOSS ADMINISTRATORS (AARLA)

The applicant sought workers' compensation benefits for a stroke, claiming it arose out of and in the course of employment due to workplace stress. The Administrative Law Judge (WCJ) denied the claim, finding no credible evidence that a workplace incident caused the stroke. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, concluding that the applicant failed to prove the crucial element of a work-related precipitating event. Both QMEs opined the stroke could be industrially related, but their opinions relied on the applicant's account of a specific workplace argument that the WCJ found unsubstantiated.

AOE/COEindustrial strokeworkers' compensationreconsiderationcausationpre-existing conditionQualified Medical Examinercredibilitysubstantial evidencework-related stress
References
0
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