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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 Bruzzese v. Guardsman Elevator Co.

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
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. MISSING
Regular Panel Decision

Vandewalker v. Snowball Tree Farm, Inc.

Claimant sustained a left foot injury in November 1982, leading to amputation and subsequent surgeries. The Workers' Compensation Law Judge (WCU) initially found a 70% schedule loss of use, later increasing it to 100% after further medical examination in August 1987. The WCU awarded compensation at $105 per week, with a temporary total disability rate of $183.33 for a specific period. The employer appealed, and the Workers' Compensation Board modified the award, asserting the permanent partial disability rate of $105 per week applied for the entire schedule loss. Claimant appealed this modification, arguing for the higher temporary total disability rate during the protracted healing period. The court affirmed the Board's decision, holding that the injury was classified as a permanent partial disability dating from the accident, and therefore the maximum permanent partial disability rate of $105 per week was appropriate for the entire award period.

Schedule Loss of UsePermanent Partial DisabilityTemporary Total DisabilityAverage Weekly WageAmputationBenefit ModificationAppellate ReviewMedical Examiner ReportJudiciary LawFoot Injury
References
9
Case No. MISSING
Regular Panel Decision
Feb 21, 2013

Claim of Canales v. Pinnacle Foods Group LLC

Claimant, a 52-year-old production laborer with limited education and English skills, suffered a work-related knee injury in December 2010. Her treating physician initially found a 100% temporary medical impairment, later reducing it to 80% in June and July 2011. Following an independent medical examination in July 2011, the carrier reduced her to a partial disability rate. An orthopedic surgeon determined 100% impairment again in September 2011. A Workers’ Compensation Law Judge awarded an 80% temporary disability rate for the 12-week period following the IME and a total temporary disability rate thereafter, which the Workers’ Compensation Board affirmed in February 2013. Claimant appealed, arguing the Board erred by not considering vocational factors in determining her compensation rate for temporary disability. The appellate court affirmed the Board's decision, finding that "loss of wage-earning capacity" and vocational factors apply only to the duration of permanent partial disability benefits, not to the determination of "wage earning capacity" for temporary partial disabilities under Workers’ Compensation Law § 15 (5-a).

Work-related injuryKnee injuryTemporary disabilityPartial disabilityWage-earning capacityVocational factorsWorkers' Compensation LawStatutory interpretationMedical impairmentIndependent Medical Examination (IME)
References
13
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
Case No. ADJ2862109 (SAL 0094850)
Regular
Oct 20, 2017

ERNIE GONZALES vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; STATE COMPENSATION INSURANCE FUND

This case involved a correctional officer's claim for permanent total disability due to a 2001 knee and psyche injury. The Workers' Compensation Appeals Board reconsidered an award that had found temporary total disability extended through August 17, 2011, and imposed a penalty for delayed payments. The Board rescinded the temporary disability finding, stating it was previously determined and not properly raised. They affirmed the defendant's liability for retroactive permanent disability payments at the temporary disability rate for periods where the applicant wasn't receiving benefits, citing the *Brower* decision. However, the Board rescinded the statutory penalty against the state agency, finding it exempt.

Workers Compensation Appeals BoardPetition for ReconsiderationPermanent Total DisabilityTemporary Total DisabilityPermanent and Stationary StatusLabor Code section 4661.5Labor Code section 5814Labor Code section 5814.5PenaltiesRetroactive Permanent Disability
References
1
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

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. ADJ 2674252
Regular
Apr 21, 2008

LOYD CATLETT vs. ENTERTAINMENT PARTNERS, CONTINENTAL CASUALTY OF READING PENNSYLVANIA c/o CNA CLAIMPLUS

This case concerns the calculation of temporary partial disability benefits for a stuntman injured on July 28, 2001, and November 2000. The applicant argued that benefits should be calculated weekly and that later payments should be at the current rate per Labor Code section 4661.5. The Appeals Board affirmed the WCJ's decision, finding that benefits were properly calculated by comparing total pre-injury average weekly earnings to actual earnings over the entire disability period, reflecting the sporadic nature of the applicant's work. The Board clarified that Labor Code section 4661.5 only applies to temporary total disability, not temporary partial disability.

Workers' Compensation Appeals BoardLoyd CatlettEntertainment PartnersContinental Casualtytemporary partial disabilityjoint findings and orderreconsiderationworkers' compensation administrative law judgetemporary disability benefitsEDD benefits
References
10
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

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. ADJ11816386
Regular
Nov 03, 2020

KRISTINA JONES vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision, affirming the award of temporary total disability. The amended decision clarifies that the temporary disability indemnity rate is to be adjusted by the parties based on a stipulated monthly earnings of approximately $7,855.65. Jurisdiction is reserved at the trial level to resolve any disputes regarding the indemnity rate. The original award of temporary disability for the period found remains affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTemporary Disability Indemnity RateStipulation of EarningsJudicial EfficiencyIndemnity Rate AdjustmentJurisdiction ReservedLabor Code Section 4656(c)(2)Petition to Terminate
References
0
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