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

Case No. ADJ9709726
Regular
Jun 25, 2015

LAURA NUNEZ vs. SUTTER PACIFIC MEDICAL FOUNDATION, SUTTER HEALTH

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged the finding of industrial injury AOE/COE for thoracic outlet syndrome, arguing it wasn't an issue for trial and the medical evidence was insufficient. The Board found that thoracic spine injury was an issue and that Dr. Avery's opinion provided substantial medical evidence to support the thoracic outlet syndrome finding. Any potential defects in the original WCJ opinion were cured by the WCJ's subsequent report.

Thoracic outlet syndromeAOE/COEPetition for Reconsiderationsubstantial medical evidenceG. James Avery M.D.Steven Bratman M.D.industrial injuryapportionmentWCJlabor code 5313
References
1
Case No. MISSING
Regular Panel Decision

Katz v. International Ladies' Garment Workers' Union

Plaintiff Leo I. Catz, operating Helene’s Retail Outlet, seeks a temporary injunction to prevent picketing by unnamed defendants (a union). The retail outlet is located in the same building as Helene Manufacturing Co., which performs manufacturing operations for Smart Sue, Inc., a 'struck' plant. The defendants concede their picketing targets both the manufacturer and the retail outlet. The central issue is whether the retail outlet is a separate entity or has a unity of interest with Helene Manufacturing Co., thereby making the picketing lawful. The court reviews evidence regarding shared premises, employees, and financial operations, suggesting an integrated business. Ultimately, the court denies the injunction, citing arguable federal pre-emption by the National Labor Relations Board due to the involvement of interstate commerce, thus limiting the state court's jurisdiction. The court also found the picketing to be reasonable, peaceful, and not misleading.

Labor disputePicketingInjunctionSecondary boycottUnity of interestFederal pre-emptionNational Labor Relations BoardRetail outletManufacturingJurisdiction
References
7
Case No. MISSING
Regular Panel Decision

Claim of Steuber v. Home Properties, Inc.

Claimant applied for workers' compensation benefits after a March 2010 work fall, establishing injuries to his back, left knee, and left hip. After thoracic spine surgery in 2011, the employer and its workers' compensation carrier objected to coverage, arguing it was not causally connected to the initial claim. The Workers’ Compensation Board agreed, a decision which the appellate court affirmed. The court credited an independent medical examiner's opinion that the thoracic condition and subsequent falls were unrelated to the compensable accident, despite the claimant's orthopedic surgeon's testimony suggesting otherwise.

Workers' Compensation BenefitsCausal RelationThoracic Spine InjuryDegenerative ConditionIndependent Medical ExaminationSubsequent FallsBoard DecisionAppellate ReviewCredibility AssessmentSubstantial Evidence
References
3
Case No. GOL 0092095
Regular
Nov 05, 2007

CINDY NICHOLSON vs. SANTA BARBARA MTD, WORKERS' COMPENSATION ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and amended a finding of fact regarding the applicant's industrial injury. The amended finding clarifies that the applicant sustained injury to her neck, shoulders, and thoracic outlet syndrome, but not to her wrists or bilateral upper extremities. The Board otherwise affirmed the original decision.

Workers' Compensation Appeals BoardReconsiderationAmended Finding of FactIndustrial InjuryNeck InjuryShoulder InjuryThoracic Outlet SyndromeBus DriverDate of InjuryMedical Condition
References
0
Case No. ADJ3361459
Regular
Oct 15, 2012

Christiane Flynn vs. YOLANDA'S OF VENTURA, AMERICAN HOME ASSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Christiane Flynn's injury. The applicant sustained injuries including right shoulder, brachial nerve, upper extremities, thoracic outlet syndrome, complex regional pain syndrome, psyche, and fibromyalgia. Her permanent disability was found to be 100% total, entitling her to weekly indemnity payments. A substantial attorney fee of $47,451.89 was deemed reasonable and ordered payable.

Christiane FlynnYolanda's of VenturaAmerican Home AssuranceAIG Claim ServicesADJ3361459VEN 0112129ReconsiderationAdministrative Law JudgeWaitressOccupational Group 322
References
0
Case No. ADJ7420955, ADJ6424323
Regular
Sep 13, 2016

WBC UNIVERSAL vs. ELECTRIC INSURANCE COMPANY, SEDGWICK CMS

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board award. The applicant sought to include permanent disability ratings for his right knee and meralgia paresthetica of the groin, which were denied by the WCJ. The Agreed Medical Evaluator (AME) determined that while the applicant's October 2009 injury exacerbated his right knee, prior injuries were the cause of permanent disability. The AME also opined that the meralgia paresthetica was due to complications of thoracic outlet syndrome, unrelated to the claimed industrial injury. Therefore, the Board denied the applicant's petition for reconsideration.

Workers' Compensation Appeals BoardFindings and AwardReconsiderationAgreed Medical EvaluatorAOE/COEPermanent DisabilityMeralgia ParestheticaThoracic Outlet SyndromeIndustrial ExacerbationPrior Injuries
References
0
Case No. ADJ1274444 (OAK 0335094) ADJ2491363 (WCK 0059507)
Regular
Jan 27, 2012

Gena Bienkowski vs. Giorgio Armani Corporation, American Manufacturers Mutual Insurance, Broadspire, Royal, Sunalliance, Aeropoint Capital Corporation, Firemen's Fund Insurance Company

This case concerns applicant Gena Bienkowski's workers' compensation claim for bilateral upper extremities and thoracic outlet injury. The Appeals Board amended the original award, establishing a single cumulative trauma injury ending August 26, 1998, rather than two separate injuries. The Board also clarified permanent disability, life pension rate, and temporary disability rate calculations, affirming the WCJ's 72% permanent disability rating. Attorney fees were correctly assessed against the applicant's award as the initial filing was a Stipulated Findings and Award, not an application.

Cumulative TraumaBilateral Upper ExtremitiesThoracic OutletPermanent DisabilityReconsiderationDate of InjuryLabor Code Section 5412Substantial Medical EvidenceLife PensionTemporary Disability Rate
References
15
Case No. MISSING
Regular Panel Decision

Claim of Nappi v. Bell Atlantic Corp./NYNEX

Claimant, a telephone operator for Bell Atlantic Corporation/NYNEX, sought workers' compensation benefits for thoracic outlet syndrome and tinnitus, alleging they were work-related. The Workers’ Compensation Law Judge initially found a prima facie case but ultimately denied benefits, concluding that claimant failed to provide sufficient evidence, a decision affirmed by the Workers’ Compensation Board. On appeal, the court affirmed the Board's determination, finding no procedural error in closing the record without absent witnesses and concluding that substantial evidence supported the finding that the claimant's conditions were not causally related to her employment, despite initial medical reports suggesting otherwise.

Workers' Compensation AppealThoracic Outlet SyndromeTinnitusOccupational DiseaseCausal ConnectionMedical EvidenceRecord ClosureSubstantial EvidenceWitness AbsenceAppellate Review
References
6
Case No. MISSING
Regular Panel Decision
Jun 25, 2001

Claim of Ritton v. AT&T—New York

Claimant appealed an amended Workers' Compensation Board decision concerning her disability rate. She had established occupational diseases including bilateral carpal tunnel syndrome, myofascial pain syndrome, thoracic outlet, and neck, arm, and shoulder injuries. Initially receiving total disability benefits, the Board later found only a mild to moderate disability for the period from March 1998 to September 1999, crediting the employer's physician, Syed Ehtisham, over the claimant's physician, Michael Lax. The court affirmed the Board's decision, finding substantial evidence to support the mild to moderate disability finding and upholding the Board's authority in resolving conflicting medical opinions.

Workers' CompensationDisability BenefitsCarpal Tunnel SyndromeMyofascial Pain SyndromeThoracic Outlet SyndromeMedical TestimonyConflicting Medical EvidenceAppellate ReviewCredibility DeterminationOccupational Disease
References
2
Case No. ADJ7825337, ADJ7825332
Regular
Sep 04, 2014

JENNIFER MELVILLE vs. XEROX CORPORATION, JEFFREY S. SCHWARTZ, SPECIALTY RISK

This case concerns Jennifer Melville's appeal of a Workers' Compensation Appeals Board (WCAB) decision regarding her industrial injuries with Xerox Corporation. The applicant sought compensation for neck, lumbar spine, and headache injuries, but her claims for shoulder, upper extremity, knee, thoracic outlet syndrome (TOS), internal, and sleep disorders were disputed. While the WCJ found 31% permanent disability for neck, spine, and headaches, the applicant appealed issues including a 15% permanent disability increase, a job displacement voucher, and the denial of TOS compensation. The WCAB deferred the decision on the 15% increase due to insufficient evidence and affirmed the WCJ's findings on other issues, with one commissioner dissenting on the TOS causation.

Thoracic Outlet SyndromeAgreed Medical ExaminerCumulative TraumaPermanent DisabilityTemporary DisabilityLabor Code section 4658(d)(2)Supplemental Job Displacement VoucherLabor Code section 4658.5Credit for Disability PaymentsIndustrial Causation
References
1
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