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Case No. ADJ9570414, ADJ9570416

Regular

Jan 03, 2017

JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case involves Junko Hall, a parole agent, who claimed industrial injury to her psyche, cardiovascular system, gastrointestinal tract, and sleep, arising from two cumulative periods ending May 31, 2010, and June 30, 2011. The defendant, Department of Corrections, sought reconsideration of the finding of industrial cardiovascular injury. The Board denied the petition, affirming the administrative law judge's findings based on the heart presumption under relevant Labor Code sections. Applicant's documented supraventricular tachycardia was deemed presumptively compensable, and the defendant failed to rebut this presumption.

Workers' Compensation Appeals BoardDepartment of CorrectionsLegally Uninsuredindustrial injurypsychecardiovascular systemsleep disorderfurther medical treatmentheart presumptionLabor Code section 3212

References

Case No. MISSING

Regular Panel Decision

Claim of Sullivan v. Sysco Corp.

Claimant, a truck driver with supraventricular tachycardia (SVT), appealed a Workers' Compensation Board decision denying benefits after January 24, 1990, arguing his disability was not continuous. The Board had found his SVT-related disability work-related for specific prior periods but deemed him not disabled when attacks subsided, citing his predisposition. The Appellate Court reversed this, finding the Board's conclusion illogical and unsupported by substantial evidence. All three medical experts, including the carrier's, testified that claimant's SVT was a chronic, ongoing condition exacerbated by heavy lifting required for his work, rendering him continuously disabled despite episodic attacks. The court highlighted the Board's inability to fashion its own medical opinion against uncontroverted expert testimony, thus remitting the case for further proceedings.

Workers' CompensationSVTSupraventricular TachycardiaChronic ConditionDisability BenefitsMedical Expert TestimonyCausationWork-Related InjuryHeavy LiftingTruck Driver

References

Case No. MISSING

Regular Panel Decision

Marshall v. N.Y. State Pub. High Sch. Athletic Ass'n, Inc.

Plaintiff Brewster Marshall, a high school student with postural orthostatic tachycardia syndrome, sued the Commissioner of Education of New York and athletic associations for denying him extended athletic eligibility to play basketball. He alleged violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The Commissioner filed a motion to dismiss the second amended complaint (SAC) or for judgment on the pleadings, arguing that Plaintiff's claims for declaratory and injunctive relief were moot due to his imminent graduation and the end of the basketball season, and that she had absolute judicial and legislative immunity. The Court granted the Commissioner's motion to dismiss the requests for injunctive and declaratory relief and the ADA claim for monetary damages, finding them moot or conceded by the Plaintiff. However, the Court denied the Commissioner's request for dismissal based on absolute judicial and legislative immunity and also denied the dismissal of the Section 504 monetary claim, stating that Plaintiff had sufficiently alleged deliberate indifference.

Disability discriminationAmericans with Disabilities Act (ADA)Rehabilitation Act Section 504Athletic eligibilityMootness doctrineAbsolute immunity (judicial)Absolute immunity (legislative)Deliberate indifferenceSovereign immunityDeclaratory relief

References

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JUNKO HALL vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

Claim of Sullivan v. Sysco Corp.

Workers' CompensationSVTSupraventricular TachycardiaChronic ConditionDisability BenefitsMedical Expert TestimonyCausationWork-Related InjuryHeavy LiftingTruck Driver

Marshall v. N.Y. State Pub. High Sch. Athletic Ass'n, Inc.