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

Case No. 2015-01-0199
Regular Panel Decision
Feb 10, 2016

What Happened in Felix vs. Weber Metals Reconsideration?

This Expedited Hearing Order addresses Christopher Wade Tolbert's request for additional temporary disability benefits following a work-related injury to his head, neck, and back on June 29, 2015, while employed by MPW Industrial Services at Volkswagen. The central issues were Mr. Tolbert's entitlement to benefits and the correct weekly compensation rate. The Court found Mr. Tolbert was entitled to temporary total disability benefits from June 30, 2015, to July 9, 2015, and temporary partial disability benefits from July 10, 2015, to August 3, 2015, due to the employer's failure to provide accommodated work. Furthermore, he was awarded an additional $7.93 per week from August 4, 2015, to October 14, 2015, to correct an underpayment, and temporary partial disability benefits from November 11, 2015, onwards, based on ongoing medical restrictions from Dr. Stephen Dreskin. The Court established his correct weekly compensation rate as $261.28.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWage StatementCompensation RateMedical TreatmentModified DutyEmployer AccommodationPain ManagementNeck Injury
References
7
Case No. 2017-06-1778
Regular Panel Decision
Apr 11, 2018

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Julie Demotte sustained a workplace injury involving a broken hip and leg in November 2016 while working for UPS. UPS initially accepted the claim and provided temporary disability benefits. Dr. Jason Evans, the authorized treating physician, placed Ms. Demotte at maximum medical improvement and assigned a three-percent whole-person impairment rating. A compensation hearing was held to determine Ms. Demotte's entitlement to permanent disability, temporary disability, and future medical benefits. The Court ordered UPS to provide lifetime medical benefits for Ms. Demotte's workplace injury, but denied her claims for both temporary and permanent disability benefits. The denial of permanent disability was based on the inadmissibility of Form C-30A as proof of impairment, as Ms. Demotte failed to present admissible evidence. Additionally, the claim for further temporary disability benefits was denied due to an earlier overpayment by UPS that exceeded any subsequent amounts due.

Workplace InjuryFuture Medical BenefitsTemporary Disability BenefitsPermanent Disability BenefitsAdmissibility of Medical ReportsForm C-30AForm C-32Impairment RatingHearsayMaximum Medical Improvement
References
2
Case No. 2015184839
Regular Panel Decision
Nov 17, 2015

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Ralph Joseph Lallo, an employee, filed a motion seeking temporary disability benefits against his employer, Marion Environmental, Inc. Mr. Lallo sustained a compensable injury to his right upper extremity on April 2, 2015. The court found that Marion Environmental, Inc. did not terminate Mr. Lallo for cause, and thus, his separation would not preclude him from receiving temporary partial disability benefits. Medical evidence from Dr. Donald Huffman indicated substantial restrictions on Mr. Lallo's right arm, rendering him partially disabled. The court concluded that Mr. Lallo was entitled to temporary partial disability benefits and ordered Marion Environmental, Inc. to pay past benefits from May 1-6, 2015, and from September 28, 2015, onward at a compensation rate of $696.03 per week.

Workers' Compensation BenefitsTemporary Partial DisabilityUpper Extremity InjuryOrthopedic DiagnosisEmployment TerminationMedical Work RestrictionsWage Loss ClaimsExpedited Hearing DecisionEmployer Accommodation DisputeDr. Donald Huffman
References
9
Case No. 2016-01-0035 / 67325-2014
Regular Panel Decision
Aug 07, 2017

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case involves an employee, Jack Keith Findley, who sustained a back injury while working for Volkswagen. He sought temporary and additional permanent partial disability benefits, leading to a dispute over his impairment rating, maximum medical improvement date, and the compensability of his condition. The Court of Workers' Compensation Claims sided with Mr. Findley, awarding him the requested disability benefits and future medical care under Dr. Jolley, based on Dr. Hodges' medical opinion regarding his work-related injury and functional limitations. The court also allowed Volkswagen to offset short-term disability payments.

Workers' CompensationPermanent Partial DisabilityTemporary Partial DisabilityMedical BenefitsImpairment RatingMaximum Medical ImprovementVoluntary ResignationMedical Opinion ConflictBack InjuryLumbar Disc Herniation
References
5
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

Can a WCJ Be Disqualified for Appearance of Bias?

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. 2021-07-0259
Regular Panel Decision
Nov 17, 2021

What Were the Key Rulings in Torrez vs. SuperShuttle?

Mr. Massey, an employee of TKE MFG., Inc., sought medical and temporary disability benefits for a neck injury sustained on March 8, 2021. TKE denied the claim, arguing the injury did not arise out of employment and questioning causation due to inconsistent histories and a prior injury. The Court found that Mr. Massey's work, which required him to turn his head and look up for parts 60-70% of the time, created a hazard leading to the injury. Citing Dr. Dlabach's opinion on medical causation, the Court determined that the injury was compensable. Consequently, the Court granted Mr. Massey's request, ordering TKE to provide medical treatment with Dr. Camillo and pay temporary disability benefits from May 23, 2021, onward at a rate of $937.65 per week.

Neck InjuryCervical RadiculopathyDisc HerniationWorkers' CompensationMedical BenefitsTemporary DisabilityCausationAuthorized Treating PhysicianExpedited HearingEmployer Denial
References
7
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Why Was Removal Denied in Rush vs. California Correctional Institution?

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 2015-03-0197
Regular Panel Decision
Dec 04, 2015

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Ms. Sara M. Gumm, an employee, sought medical and temporary disability benefits for a left knee injury allegedly sustained at Buffalo Wild Wings. The employer, represented by Sedgwick Claims Management Services, disputed the claim, citing delayed injury reporting and lack of medical causation. The Court of Workers' Compensation Claims, after reviewing the submitted records, found no merit in the employer's delay allegations. Based on the medical opinion of Dr. Brandon S. Asbury, who deemed the injury new and work-related, the Court concluded that Ms. Gumm was likely to prevail. Consequently, the Court granted the employee's request for medical benefits and temporary disability benefits for the period from May 29, 2015, to July 7, 2015, at a weekly rate of $127.20.

Workers' CompensationKnee InjuryTemporary Disability BenefitsMedical BenefitsExpedited HearingCausationEmployment InjuryNotice of InjuryRecord ReviewTennessee Law
References
5
Case No. 2015-07-0114
Regular Panel Decision
Oct 12, 2015

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Torris Miller, a diesel mechanic, sustained a back injury at work on November 3, 2014, while changing a tractor-trailer tire for TA Operating Corp. He filed a request for an expedited hearing seeking past medical and temporary disability benefits. The Court found that Mr. Miller provided sufficient notice of his work-related injury to the employer. Although TA Operating Corp. argued that Mr. Miller's termination for job abandonment precluded him from receiving ongoing temporary disability benefits, the Court disagreed, finding the termination improper. Consequently, the Court granted Mr. Miller temporary total disability and temporary partial disability benefits, but denied his request for payment of past medical expenses due to insufficient proof of the reasonableness of the charges.

Workers' CompensationBack InjuryTemporary DisabilityJob AbandonmentMedical ExpensesNotice RequirementEmployer LiabilityTennessee LawExpedited HearingDisability Benefits
References
13
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
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