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

Case No. MISSING
Regular Panel Decision
Jul 13, 2005

Claim of Haas v. Gross Electric

Claimant appealed a Workers’ Compensation Board decision from July 13, 2005, which denied his claim for benefits, finding no causally related injury. The claim stemmed from a December 17, 2002, work-related motor vehicle accident. Initially, a Workers’ Compensation Law Judge found the claim established based on medical expert opinions linking a back injury to the accident. However, this determination was rescinded after the carrier submitted newly discovered evidence—medical records from claimant’s primary care physician, Thomas Coppens—revealing prior back injuries and that the current problems began while wrapping presents on December 24, 2002. Subsequent medical opinions became ambivalent or changed, leading to the disallowance of the claim by a Workers’ Compensation Law Judge, a decision later affirmed by the Board. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence in the record.

Motor Vehicle AccidentBack InjuryCausation DisputeMedical Expert OpinionPrior Medical HistoryNewly Discovered EvidenceSubstantial Evidence ReviewClaim DisallowanceAppellate AffirmationBoard Decision
References
1
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. ADJ9445538
Regular
Oct 05, 2017

WENDY LEUNG vs. HUNTINGTON MEDICAL FOUNDATION, SUBSEQUENT INJURIES BENEFIT TRUST FUND

The Workers' Compensation Appeals Board denied Wendy Leung's petition for reconsideration of the administrative law judge's decision. The judge found no substantial medical evidence to support a subsequent compensable industrial permanent disability claim sufficient for benefits from the Subsequent Injuries Benefit Trust Fund (SIBTF). Leung contended she met SIBTF eligibility by claiming a prior $43\%$ permanent disability, a subsequent injury, and a resulting combined disability exceeding $70\%$. However, the Board agreed that Leung failed to prove industrial causation for her subsequent injury with reasonable medical probability.

Subsequent Injuries Benefit Trust FundLabor Code Section 4751cumulative injurypermanent disabilityreasonable medical probabilityindustrial causationapportionmentQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Workers' Compensation Appeals Board (WCAB)
References
2
Case No. ADJ3135090 (SAC 0355157) ADJ6834808
Regular
Sep 12, 2019

GUY LEE vs. UOP/MCGEORGE SCHOOL OF LAW, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the WCJ's decision denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant's prior stipulation dismissing claims for sleep disturbance, sexual dysfunction, and psychiatric injury bound him from pursuing these for SIBTF benefits. Even without those dismissals, applicant's permanent disability rating for the subsequent injury, after adjustments, did not meet the 35% threshold required for SIBTF eligibility. The WCJ's finding that the industrial injury was not the predominant cause of the claimed psychiatric injury also contributed to the denial.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent partial disabilitystipulated dismissalpredominant causepsychiatric injurybilateral carpal tunneldiminished future earning capacityWCJWorkers' Compensation Appeals Board
References
4
Case No. ADJ5621413
Regular
Sep 15, 2016

LORI RENFRO vs. SUMMIT COUNSELING AND EDUCATION, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves applicant Lori Renfro's claim for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits following a work injury. The WCJ initially awarded benefits, finding the industrial injury's standalone disability exceeded the 35% threshold. The SIBTF appealed, arguing the injury's standalone disability was below 35% and the prior disability should be measured at the time of the subsequent injury. The Appeals Board rescinded the award, finding the WCJ erred by not properly applying the 35% threshold for the subsequent injury alone. The matter is remanded to determine the applicability of Labor Code section 4751(a) and to re-evaluate the 70% combined disability threshold, measuring prior disability as it existed before the subsequent injury.

Subsequent Injuries Benefit Trust FundSIBTFpermanent disability thresholdapportionmentLabor Code section 4751combined disabilityprior disabilitysubsequent injuryvocational expertQME
References
4
Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)
Regular
Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751
References
9
Case No. 534171, 534534
Regular Panel Decision
Oct 06, 2022

In the Matter of the Claim of James Banish

James Banish, a patrol officer, appealed two decisions by the Workers' Compensation Board concerning his claim for workers' compensation benefits. Initially, his claim for jaw and head injuries resulting from an on-duty assault was established, but he later sought to amend it to include a causally-related left shoulder injury. The Workers' Compensation Law Judge, affirmed by the Board, found no causal relationship for the shoulder injury and denied the claim; subsequently, his application for reconsideration and/or full Board review was also denied. The Appellate Division, Third Judicial Department, affirmed both decisions, concluding that substantial evidence supported the Board's determination that the shoulder injury was not causally related to his employment. The court also found no abuse of discretion in denying reconsideration, clarifying that Workers' Compensation Law and General Municipal Law § 207-c are distinct statutory schemes, and a prior award under one does not dictate the other.

Workers' Compensation BenefitsCausal RelationshipLeft Shoulder InjuryGeneral Municipal Law § 207-cWorkers' Compensation LawSubstantial EvidenceAbuse of DiscretionReconsideration DenialFull Board ReviewPatrol Officer
References
17
Case No. MISSING
Regular Panel Decision
May 25, 2012

Ali v. State

The claimant appeals from a judgment of the Court of Claims that dismissed their claim for personal injuries. The incident occurred on February 24, 2009, at the New York State Workers’ Compensation Board office when a security guard, reacting to news of his grandmother's death, punched a wooden bench causing it to fall on the claimant. The claimant subsequently filed a personal injury claim against the State of New York. The Court of Claims granted the defendant's application to dismiss the claim, determining that the security guard was acting solely for personal motives unrelated to his employment, and his conduct was not reasonably foreseeable by the defendant, thus precluding vicarious liability under the doctrine of respondeat superior.

Personal InjuryRespondeat SuperiorVicarious LiabilityScope of EmploymentForeseeabilityEmployee MisconductClaim DismissalCourt of Claims DecisionAppellate ReviewNegligence
References
7
Case No. 532849
Regular Panel Decision
Feb 10, 2022

In the Matter of the Claim of Jerzy Patalan

Jerzy Patalan, an asbestos handler, filed a claim for workers' compensation benefits in June 2018, alleging work-related injuries to his back, neck, knees, wrists, and left foot due to repetitive stress from his employment. The employer and carrier controverted the claim, arguing the injuries were not causally related. A Workers' Compensation Law Judge disallowed the claim, a decision subsequently affirmed by the Workers' Compensation Board. The Appellate Division affirmed the Board's determination, finding that neither Patalan's testimony nor the medical reports established a sufficient causal link between his injuries and a distinctive feature of his work duties. The court noted that medical experts, including his treating physiatrist, lacked adequate knowledge of Patalan's specific job duties to support a finding of a causal relationship.

Workers' CompensationOccupational DiseaseCausal RelationshipAsbestos HandlerRepetitive Stress InjuryBack InjuryKnee InjuryLumbar SpineMedical TestimonySubstantial Evidence
References
6
Case No. ADJ2697898
Regular
Mar 06, 2013

ROBERT WALKER vs. SISKIYOU FOREST PRODUCTS, STATE COMPENSATION INSURANCE FUND, THE SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.

Subsequent Injuries Benefit Trust FundPermanent DisabilityApportionmentLabor Code Section 4751Industrial InjuryPre-existing DisabilityLabor-DisablingOpposite and Corresponding MemberCommutation of BenefitsVocational Expert
References
3
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