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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

In Re Episode USA, Inc.

Episode USA, Inc., a debtor in chapter 11 bankruptcy, guaranteed a non-debtor affiliate's lease. The affiliate defaulted, leading the landlord, L.H. Charney Associates, to file a claim against Episode. Episode objected to the claim, seeking to cap the unsecured portion under § 502(b)(6) of the Bankruptcy Code and expunge the administrative priority claim. The court sustained Episode's objection, ruling that the § 502(b)(6) cap applies to debtor-guarantors and that the administrative priority claim was not justified as Episode received no benefit from the lease. However, the court rejected Episode's argument for a reduction of the unsecured claim based on mitigation, citing New York law.

BankruptcyLease GuaranteeLandlord-Tenant LawClaim ObjectionSection 502(b)(6)Administrative Priority ClaimDebtor-in-PossessionUnsecured ClaimsLease TerminationGuarantor Liability
References
34
Case No. 2015-06-0546
Regular Panel Decision
Aug 02, 2016

Thomas, Horace v. Zipp Express

The employee, Horace Wade Thomas, filed an interlocutory appeal after his employer, Zipp Express, denied his workers' compensation claim. Thomas alleged a fall injury due to a syncope episode caused by sleep deprivation from his job duties as a truck driver. The trial court ordered the employer to provide a panel of physicians for evaluation and treatment but denied temporary disability benefits and past medical expenses. The Appeals Board affirmed the trial court's decision, finding that the employee presented sufficient evidence to likely prevail at a hearing on the merits regarding medical benefits and that his injury was not idiopathic. The case was remanded for further proceedings.

Workers' CompensationSyncope EpisodeSleep DeprivationIdiopathic InjuryCausationMedical BenefitsPanel of PhysiciansExpedited HearingBurden of ProofMedical Expert Opinion
References
11
Case No. Docket No. 2015-06-0546 / State File No. 57850-2015
Regular Panel Decision
Mar 15, 2017

Thomas, Horace Wade v. Zipp Express

The employee, Horace Wade Thomas, a truck driver, alleged injury due to a syncopal episode caused by work-related sleep deprivation. Following an earlier expedited hearing, the trial court ordered the employer, Zipp Express, to provide a panel of physicians. The employer then filed a motion for summary judgment, which the trial court denied. On appeal, the Workers’ Compensation Appeals Board affirmed the trial court's decision, concluding that the trial court did not err in denying the motion. The Board found the trial court reasonably interpreted medical statements in the employee's favor and remanded the case for further proceedings. A concurring opinion highlighted the employer's failure to meet summary judgment requirements.

Syncopal EpisodeSleep DeprivationWork-Related InjurySummary Judgment MotionMedical CausationExpert Medical OpinionRule 56.03 ComplianceBurden of ProofAppellate ReviewWorkers' Compensation Appeals Board
References
9
Case No. 2015-05-0652
Regular Panel Decision
Sep 27, 2016

Osborne, Alonzo, Jr. v. Beacon Transport, LLC

In this interlocutory appeal, the employer challenged the trial court’s award of medical benefits. The employee, a truck driver, alleged injuries from a motor vehicle accident after suffering a syncopal episode while driving. The employer argued the injuries did not primarily arise out of employment due to an idiopathic condition. The trial court ordered the employer to pay certain medical expenses. The Workers’ Compensation Appeals Board affirmed the trial court's order as modified, concluding that operating a vehicle is a hazard incident to employment, making the injuries compensable despite an idiopathic event. However, the Board modified the order by removing the directive to pay specific medical bills, as they had been excluded from evidence at the expedited hearing. The case was remanded for further proceedings.

Workers' CompensationMedical BenefitsInterlocutory AppealSyncopal EpisodeIdiopathic ConditionMotor Vehicle AccidentTruck DriverArising Out of EmploymentCourse and Scope of EmploymentEvidentiary Standard
References
6
Case No. 2017-05-0720
Regular Panel Decision
May 03, 2018

Hunt, Alice v. Kroger

Ms. Hunt, a Kroger employee, sought workers' compensation benefits for complications from diabetes and hypertension, which she alleged were caused by work-related stress from pushing shopping carts in hot weather. She experienced a syncopal episode at work in May 2017 and later developed retinal detachment and a foot ulceration, attributing these to the incident. The Court conducted an expedited hearing to determine if these complications causally related to her employment. The Court found insufficient medical evidence to establish a causal connection between Ms. Hunt's work activity and her health problems, noting her pre-existing conditions. Therefore, the request for benefits was denied, as Ms. Hunt failed to show a likelihood of prevailing at trial based on expert medical testimony.

Workers' CompensationExpedited HearingDenial of BenefitsCausationMedical EvidencePre-existing ConditionDiabetes ComplicationsHypertensionSyncopal EpisodePeripheral Neuropathy
References
4
Case No. MISSING
Regular Panel Decision
Oct 14, 2003

Claim of Berkley v. Irving Trust Co.

In 1984, the claimant, employed at Irving Trust Company, experienced a job-stress-induced psychotic episode, for which workers' compensation benefits were initially established. By 1995, a Workers’ Compensation Law Judge (WCLJ) and the Workers' Compensation Board determined that her disability was no longer causally related. The case was reopened in 2000 after another psychotic episode, which the claimant alleged was causally linked to her prior employment stress. However, in 2003, a WCLJ and the Board found the latest episode was not causally related to her employment and applied Workers’ Compensation Law § 25-a. The Appellate Division affirmed the Board's decision, giving deference to its resolution of conflicting medical expert testimony, which attributed the recent episode to stress from graduate school rather than a remanifestation of the prior work-related breakdown.

psychotic episodecausally related disabilityworkers' compensation benefitsmedical expert testimonycredibility assessmentpersonality disorderstress-induced illnessappellate reviewWorkers’ Compensation Law § 25-aprior employment stress
References
3
Case No. E2018-02135-CCA-R3-CD
Regular Panel Decision
Oct 22, 2019

State of Tennessee v. Henry Nicholas Brown

The Defendant, Henry Nicholas Brown, appealed his consecutive twelve-year sentence for aggravated assault, evading arrest, and reckless endangerment from the Roane County Criminal Court. The trial court based its consecutive sentencing decision on Brown's extensive criminal history and the fact that he committed the offenses while on probation. Brown contended that the trial court erred in imposing consecutive sentences, arguing that his actions arose from a single criminal episode. The Court of Criminal Appeals of Tennessee at Knoxville affirmed the trial court's judgment, finding that an extensive criminal history and probationary status are sufficient grounds for consecutive sentencing under state law, regardless of whether the offenses arose from a single criminal episode.

Criminal AppealSentencingConsecutive SentencesAggravated AssaultEvading ArrestReckless EndangermentCriminal HistoryProbation ViolationOfficer InjuryTraffic Stop
References
7
Case No. SFO 0493727
Regular
Dec 21, 2007

JOAN JUSTER vs. MARC LUMER & COMPANY, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded the applicant 82% permanent disability for a psyche injury. The Board adopted the WCJ's report, which found the defendants failed to prove apportionment of the applicant's permanent disability despite prior situational depression episodes. The Board also noted that any clerical error regarding attorney fees could be addressed by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeIndustrial InjuryPsycheSituational DepressionDSM-IVAttorney FeesPermanent DisabilityApportionment
References
3
Case No. MISSING
Regular Panel Decision

In re the Claim of Zalobin

The claimant, a security guard, was terminated from his employment after being found asleep on duty. He asserted that he experienced a medical episode, supported by a doctor's note detailing a history of dizziness and fuzzy vision. The Unemployment Insurance Appeal Board initially disqualified him from receiving benefits, ruling that his termination was due to misconduct. However, the appellate court reversed this decision, concluding that the Board's findings were not supported by substantial evidence, as the employer's testimony largely relied on uncorroborated hearsay. The matter was remitted to the Board for further proceedings consistent with the court's findings.

Unemployment BenefitsMisconductSubstantial EvidenceCredibilityHearsaySecurity GuardMedical ConditionAppealRemittalNew York Unemployment
References
2
Case No. MISSING
Regular Panel Decision
May 22, 1979

Claim of Ignizio v. Eber Bros. & Co.

The Workers' Compensation Board's decision, filed on May 22, 1979, found that the claimant did not sustain a causally related disability on April 18, 1977. Medical experts, Dr. Currie and Dr. Cristo, testified that the claimant suffered from pre-existing diabetes and arteriosclerotic heart disease. Their work effort on April 18, 1977, resulted in an episode of angina pectoris, not a myocardial infarction. The claimant's cessation of work was due to his underlying condition, not a causally related disability. The Board's determination is supported by substantial evidence.

Angina PectorisMyocardial InfarctionDiabetesArteriosclerotic Heart DiseaseCausally Related DisabilityWork EffortMedical EvidencePre-existing ConditionDisability Claim
References
0
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