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

Case No. 531927

Regular Panel Decision

Dec 15, 2022

In the Matter of the Claim of Donnay Kingston

Claimant Donnay Kingston appeals two decisions by the Workers' Compensation Board concerning her claim for bilateral carpal tunnel syndrome, later amended to include DeQuervain's tenosynovitis. In 2014, a WCLJ awarded her a schedule loss of use (SLU) of both wrists, which the Board affirmed in 2016. In 2019, claimant's treating physician requested to reopen the claim due to an alleged material change in her medical condition. Both the WCLJ and the Board denied the reopening, concluding that while symptoms had worsened, this was anticipated and did not constitute a *material* change warranting reopening. The Appellate Division affirmed the Board's decisions, finding no abuse of discretion in denying the reopening or the application for reconsideration.

Workers' CompensationSchedule Loss of Use (SLU)Carpal Tunnel SyndromeDeQuervain's TenosynovitisMedical Condition ChangeClaim ReopeningAbuse of DiscretionAppellate ReviewTreating PhysicianMedical Evidence

References

Case No. MISSING

Regular Panel Decision

Claim of Torres v. Kaufman's Bakery

A claimant, a machine operator and supervisor, developed bilateral carpal tunnel syndrome and flexor tenosynovitis, and separately, a back injury. His claim for workers’ compensation benefits for the carpal tunnel syndrome was established, and he was classified with a permanent partial disability. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, arguing the 2004 back injury constituted a preexisting permanent impairment hindering job potential. The Workers’ Compensation Board granted the application for reimbursement, leading the Fund to appeal this decision. The appellate court found substantial evidence to support the Board's determination that the claimant's back injury was indeed a preexisting permanent physical impairment which was likely to hinder employment, thus upholding the Board's decision.

Workers' CompensationSpecial Disability FundReimbursement ClaimPermanent Partial DisabilityPreexisting Permanent ImpairmentCarpal Tunnel SyndromeBack InjuryHindrance to EmploymentMaterially and Substantially Greater DisabilityAppellate Review

References

Case No. 2022 NY Slip Op 07102

Regular Panel Decision

Dec 15, 2022

Matter of Kingston v. New York City Fire Dept.

In this workers' compensation case, claimant Donnay Kingston appealed two decisions of the Workers' Compensation Board. Kingston had established a claim in 2008 for bilateral carpal tunnel syndrome, later amended for DeQuervain's tenosynovitis, and received a schedule loss of use (SLU) award in 2014, affirmed in 2016. In 2019, her treating physician sought to reopen the claim, alleging a material change in her medical condition. Both a Workers' Compensation Law Judge and the Board denied the request, finding no sufficient change to warrant reopening or rescinding the SLU award, despite the physician noting a worsening of symptoms that was deemed anticipated. The Appellate Division, Third Department, affirmed both decisions, concluding that the Board did not abuse its discretion in denying the reopening and found claimant's remaining contentions without merit.

Workers' Compensation ClaimBilateral Carpal Tunnel SyndromeDeQuervain's TenosynovitisSchedule Loss of UseClaim Reopening DenialMedical Condition ChangeAppellate Division Third DepartmentBoard DiscretionTreating Physician TestimonyWrist Pain

References

Case No. MISSING

Regular Panel Decision

Aug 15, 1991

Claim of Jett v. Lew Mark Baking Co.

The claimant, a cookie packer for Lew Mark Baking Company, developed tenosynovitis in her right wrist in January 1989 due to repetitive motions. Initially, the case was closed in December 1989 with a 5% schedule award for loss of use of her right hand. After symptoms recurred, the case was reopened in June 1990, and a subsequent examination found an additional 2.5% increase in disability. Despite a Workers’ Compensation Law Judge's ruling, the Board unanimously decided that the claimant was permanently partially disabled and entitled to a continuing reduced earnings award of $84.95, based on the testimony of her treating physician, Paul Sternberg. The employer appealed, arguing lack of notice and insufficient evidence, but the Board’s decision was affirmed, citing substantial medical evidence of the claimant’s persistent pain, ongoing treatment needs, and inability to work full-time.

TenosynovitisRepetitive Hand MotionsPermanent Partial DisabilityReduced Earnings AwardSchedule AwardMedical EvaluationTreating Physician TestimonySubstantial EvidenceAppellate ReviewBoard Decision Affirmation

References

Case No. MISSING

Regular Panel Decision

Claim of Belfiore v. University of Rochester

This case involves an appeal from a Workers' Compensation Board decision. The claimant initially suffered right wrist de Quervain's disease and left wrist tenosynovitis in 1982 while employed at the University of Rochester. A second claim in 1999, during employment at IMPCO, established bilateral carpal tunnel syndrome, apportioned between the two injuries. In September 2000, the claimant sustained a right trigger thumb injury and sought to include it in her existing workers' compensation cases. A Workers' Compensation Law Judge found no causal relationship between the trigger thumb and prior occupational injuries, a decision affirmed by the Workers’ Compensation Board in March 2002 and amended in April 2002. The claimant's subsequent request for reconsideration was denied in December 2002, leading to an appeal that was ultimately dismissed as untimely, having been filed more than a year after the Board’s original decision and outside the 30-day window for appealing the denial of reconsideration.

Appeal DismissalUntimely AppealWorkers Compensation BoardOccupational InjuryDe Quervain’s DiseaseTenosynovitisCarpal Tunnel SyndromeTrigger ThumbCausal RelationshipSchedule Loss of Use

References

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In the Matter of the Claim of Donnay Kingston

Claim of Torres v. Kaufman's Bakery

Matter of Kingston v. New York City Fire Dept.

Claim of Jett v. Lew Mark Baking Co.

Claim of Belfiore v. University of Rochester

Appeal DismissalUntimely AppealWorkers Compensation BoardOccupational InjuryDe Quervain’s DiseaseTenosynovitisCarpal Tunnel SyndromeTrigger ThumbCausal RelationshipSchedule Loss of Use