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

Case No. CV-24-2052
Regular Panel Decision
Dec 18, 2025

In the Matter of the Claim of John Maini

Claimant John Maini appealed a Workers' Compensation Board decision that awarded him a 22.5% schedule loss of use (SLU) for his left foot, resulting from a ruptured Achilles tendon suffered in June 2022. The Board had modified a Workers' Compensation Law Judge's finding of a 40% SLU. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision. The Court found that the Board properly credited the opinion of the employer's consultant, whose interpretation of the 2018 Workers' Compensation Guidelines for Determining Impairment, specifically special consideration 6 regarding Achilles tendon ruptures, was consistent with the plain language of the guidelines and prior case law. The Court emphasized that range of motion deficits solely attributable to the Achilles tendon rupture could not be added to the SLU value assigned under special consideration 6, thereby supporting the 22.5% award.

schedule loss of useAchilles tendon ruptureworkers' compensation guidelinesmedical opinionsubstantial evidencemaximum medical improvementrange of motionappellate revieworthopedic surgeonpermanent impairment
References
12
Case No. ADJ7834593
Regular
Oct 06, 2014

GEORGE MOEN, III vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted reconsideration of a WCJ's decision regarding a lien claim for a human tendon used in applicant's knee surgery. While the WCJ correctly found the services were necessary, neither party provided sufficient evidence to determine the reasonable value of the lien. The Board rescinded the WCJ's decision and returned the case for further development of the record. Lien claimant must prove its bill was not bundled and present evidence of a reasonable fee.

Workers' Compensation Appeals BoardLien ClaimantAccess MediquipIndustrial InjuryKnee InjuryDeputy SheriffACL Tendon ReplacementPatella Tendon AllograftHuman TendonBundled Payment
References
1
Case No. ADJ8182717, ADJ8253375, ADJ8253377
Regular
May 18, 2018

VICTOR MCGILL vs. COUNTY OF FRESNO

This case involves a workers' compensation applicant seeking reconsideration of a judge's decision invalidating a chiropractic QME panel. The Appeals Board dismissed the petition for reconsideration as the judge's order was not a final determination. However, the Board granted removal, finding that an orthopedic QME panel was necessary for the applicant's foot and Achilles tendon injuries, as chiropractic was not the appropriate specialty. The decision rescinds the judge's order and returns the matter for further proceedings to obtain an additional orthopedic QME evaluation.

WCABRemovalReconsiderationQMEMedical DirectorChiropracticOrthopedic SurgeryPanelFindings of Fact and OrderMedical Unit
References
0
Case No. ADJ3835932
Regular
Dec 17, 2010

BEVERLY SMITH vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior award. The applicant sought to reopen the case due to the retirement of an Agreed Medical Evaluator and alleged worsening of her condition. However, the Board found the applicant failed to demonstrate good cause, as her claims were unsubstantiated, contradicted by surveillance evidence, and she did not exercise due diligence in seeking further evaluation. Consequently, the prior findings of industrial injury to the psyche and achilles tendon, with 24% permanent disability after apportionment, were upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsycheAchilles TendonOrthopedic Agreed Medical Evaluator (AME)Permanent DisabilityApportionmentPetition to Reopen
References
0
Case No. ADJ10725180 ADJ11229196
Regular
Aug 08, 2018

JOAQUIN ROSALES vs. SWANSON FAHRNEY FORD, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 8% permanent disability for the applicant's left elbow injury. The award was based on a panel QME's opinion that, while no scheduled impairment existed under the AMA Guides, other factors like constant pain, loss of strength, grasping difficulty, and tendon tears justified a rating under Table 13-22 and *Guzman*. The Board found Dr. Tabaddor's rationale sufficiently supported the impairment rating, distinguishing it from the "add-on" pain provisions addressed in *Blackledge*.

ADJ10725180ADJ11229196lateral epicondylitisAMA Guidespermanent disability ratingpanel qualified medical evaluatorKhosrow TabaddorMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)scheduled impairmentwhole person impairment
References
4
Case No. MISSING
Regular Panel Decision

Antoinetta Corp. v. State

Claimant sought damages for personal injuries sustained on July 22, 1992, during the Empire State Games at the State University of New York at Albany. As a volunteer security force member, she fell into an unmarked steeplechase pit after the lights were turned off, severing her Achilles tendon. The State moved to dismiss, asserting workers' compensation as the exclusive remedy. The Court of Claims granted dismissal, finding claimant failed to plead the unavailability of workers' compensation benefits. The appellate court affirmed, holding that the Workers' Compensation Board is the proper forum for determining whether an individual qualifies as an employee entitled to benefits.

Personal InjuryVolunteer WorkerExclusive RemedyMotion to DismissCourt of ClaimsAppellate ReviewAchilles Tendon InjuryPremises LiabilityState LiabilityEmpire State Games
References
7
Case No. 2020 NY Slip Op 02919
Regular Panel Decision
May 20, 2020

Giannone v. City of New York

The injured plaintiff, a sanitation worker for the City of New York, suffered a biceps tendon tear while lifting a heavy "sausage bag" with a coworker who lost their grip. The plaintiffs subsequently filed an action alleging common-law negligence against the City and loss of consortium. The Supreme Court granted the City's motion for summary judgment, determining the injury stemmed from a risk inherent in the plaintiff's employment. On appeal, the Appellate Division, Second Department, affirmed this decision. The court concluded that the City had demonstrated its prima facie entitlement to judgment as a matter of law, establishing that the coworker was not negligent and the injury was an inherent hazard of the job.

Personal InjurySanitation WorkerCommon-law NegligenceLoss of ConsortiumSummary JudgmentInherent Hazard DoctrineEmployer DutyAppellate ReviewBiceps Tendon InjuryCoworker Negligence
References
4
Case No. 2019-08-0544
Regular Panel Decision
Mar 01, 2022

Braden, Tawan v. Mohawk Industries, Inc.

The Appeals Board affirmed the trial court's order in favor of employee Tawan Braden, who suffered a right ankle injury while working for Mohawk Industries, Inc. The trial court determined a subsequent incident, which caused a 'pop' and increased ankle symptoms, was a direct and natural consequence of the initial compensable work injury. Consequently, the employee was found to be permanently and totally disabled, and the employer's claims for alleged overpayment of temporary disability benefits were denied. The Appeals Board concluded that the employee's actions leading to the subsequent injury were not negligent, thus upholding the causal link between the original work injury and the resulting peroneal tendon tear and permanent disability.

Workers' CompensationAnkle InjuryPermanent Total DisabilityDirect and Natural Consequence RuleVocational Expert TestimonyTemporary Disability BenefitsCausal RelationAppellate ReviewMedical EvidenceEmployment Law
References
17
Case No. 2016-03-0991
Regular Panel Decision
Jun 23, 2017

Soles, wesley v. Kirkland's Pest Control

Mr. Soles, a pest control technician, claimed a left knee injury on August 30, 2016, while descending stairs and carrying insecticide for Kirkland's Pest Control. He reported a 'pop' and 'gush of pain' but denied stumbling or any defects in the stairs. He had a pre-existing gout condition in the same knee. Medical evaluations, including an MRI recommended by Dr. Rick Parsons, revealed a patellar tendon tear. Kirkland's denied the claim, citing an idiopathic incident and pre-existing condition. The court found that Mr. Soles did not establish that a condition or hazard incident to his employment caused or exacerbated his injuries, denying his claim for temporary disability and medical benefits.

Workers' CompensationExpedited HearingIdiopathic InjuryPre-existing ConditionKnee InjuryPest Control TechnicianGoutPatellar Tendon TearBurden of ProofArising Out of Employment
References
16
Case No. MISSING
Regular Panel Decision

Matter of Yanas v. Bimbo Bakeries

Claimant sought workers' compensation benefits for wrist pain, including carpal tunnel syndrome and flexor tendonitis, alleging it was an occupational disease from duties at Bimbo Bakeries. A Workers’ Compensation Law Judge (WCLJ) denied the claim, finding insufficient evidence of repetitive motion and rejecting physician opinions for lacking adequate understanding of the claimant’s work and medical history. The Workers’ Compensation Board affirmed the WCLJ's decision. On appeal, the court further affirmed, emphasizing that the Board’s factual findings regarding occupational disease, when supported by substantial evidence, will not be disturbed, and that the Board is entitled to reject medical evidence deemed inadequately founded.

Occupational DiseaseCarpal Tunnel SyndromeRepetitive Strain InjuryMedical CausationSubstantial EvidenceWorkers' Compensation AppealBoard DecisionPhysician TestimonyWork ActivitiesCredibility Assessment
References
8
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