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Case Law Database

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

Case No. 2017-07-0589
Regular Panel Decision
Mar 04, 2019

Fingers, Joseph v. Nortek Global HVAC, LLC

Joseph Fingers, a machine operator for Nortek Global HVAC, LLC, sustained a compensable right hip injury after being struck by a forklift. Following surgery and treatment, Dr. Thomas Byrd determined Mr. Fingers had reached maximum medical improvement and assigned a three-percent permanent impairment to the body as a whole, along with permanent light- to medium-physical-demand restrictions. Mr. Fingers sought increased permanent partial disability benefits beyond this impairment rating. However, Nortek Global HVAC, LLC terminated Mr. Fingers for violating its attendance policy after he refused to return to work on light duty, despite the employer's accommodation offer. The Court found that Mr. Fingers' actions constituted misconduct and denied his claim for increased benefits, while still awarding him permanent partial disability benefits based on the three-percent impairment and entitlement to future medical treatment.

Hip InjuryPermanent Partial DisabilityIncreased Benefits DenialEmployee MisconductAttendance PolicyLight Duty WorkMedical Impairment RatingFuture Medical CareEmployer AccommodationForfeiture of Benefits
References
2
Case No. 2016-06-0414
Regular Panel Decision
Mar 01, 2017

Wilhite, Donna v. Lowes Millwork

This claim concerns an expedited hearing request by Lowes Millworks regarding their obligation to provide continuing medical treatment to Ms. Wilhite for a trigger-finger condition. Lowes argued that the treating physician's initial causation opinion would prevent Ms. Wilhite from prevailing at a hearing. However, the Court found that the claims adjuster's letter to Dr. Pickering contained incorrect statements that skewed his initial opinion. Furthermore, Dr. Pickering later changed his opinion, stating that Ms. Wilhite's condition was work-related and recommended trigger-finger release surgery. Based on these findings, the Court determined that Ms. Wilhite is likely to prevail on the merits and ordered Lowes to provide the recommended surgery and continuing medical benefits.

Workers' CompensationMedical BenefitsTrigger FingerCausation OpinionExpedited HearingMedical TreatmentSurgery ApprovalEmployer ObligationTreating PhysicianMedical Records
References
5
Case No. 20120-05-0836
Regular Panel Decision
Mar 22, 2021

ABDELSHAHAED, REAZKALLAH v. Taylor Farms

Mr. Abdelshahaed, a product handler for Taylor Farms, developed trigger finger in his right hand. He initially sought treatment from Dr. Adam Cochran, who diagnosed "work related trigger finger" and stated it was "51% more likely" work-related. Taylor Farms later offered a panel of physicians, from which Mr. Abdelshahaed selected Dr. Joseph Weick, who opined the condition was "0% work related." The Court found both medical opinions flawed: Dr. Weick's for misstating the law regarding cumulative trauma, and Dr. Cochran's for not clearly establishing primary causation. Given that Dr. Weick's opinion was presumed correct, and the court found insufficient evidence to rebut this presumption, Mr. Abdelshahaed's claims for medical and temporary disability benefits were denied. Additionally, the Court noted Taylor Farms' failure to promptly provide a medical panel and referred the case to the Compliance Program for investigation.

Workers' CompensationTrigger FingerCausationMedical OpinionExpedited HearingDenial of BenefitsTennessee LawPresumption of CorrectnessEmployer RetaliationMedical Panel
References
2
Case No. 2016-06-0414
Regular Panel Decision
Dec 22, 2016

Wilhite, Donna v. Lowes Millworks

Donna Wilhite, an employee, filed for medical and temporary disability benefits after injuring her right-ring finger at Lowes Millworks. The court found that Lowes failed to provide a timely medical panel, forcing Ms. Wilhite to seek independent treatment from Dr. Robert Pickering, who diagnosed trigger finger. Consequently, the court granted Ms. Wilhite's request for medical benefits and appointed Dr. Pickering as the authorized treating physician. However, her claim for temporary disability benefits was denied as she lost no work time due to the injury. The case was also referred to the Penalty Unit to consider a civil penalty against Lowes for its non-compliance.

Medical BenefitsTemporary Disability BenefitsTrigger FingerEmployer DutyMedical PanelCausationEmployment InjuryExpedited HearingCivil PenaltyAuthorized Treating Physician
References
4
Case No. 2022 NY Slip Op 05567 [209 AD3d 1073]
Regular Panel Decision
Oct 06, 2022

Matter of Vicente (Finger Lakes DDSO)

Elliot Vicente, a claimant with a work-related permanent partial disability from 2007, sought reclassification to permanent total disability under Workers' Compensation Law § 35 (3) due to extreme hardship, as his indemnity benefits were nearing exhaustion. A Workers' Compensation Law Judge initially granted his application, which the Workers' Compensation Board affirmed. The employer and its carrier appealed, contending insufficient evidence, particularly regarding anticipated Social Security disability benefits. The Appellate Division, Third Department, affirmed the Board's decision, finding that substantial evidence supported the finding of extreme hardship based on the claimant's significant financial shortfall in meeting monthly obligations and his documented inability to secure new employment.

Workers' Compensation LawExtreme Hardship RedeterminationPermanent Partial DisabilityWage-Earning Capacity LossIndemnity Benefit ExhaustionSocial Security Disability OffsetsFinancial StrainVocational LimitationsAppellate Division ReviewSubstantial Evidence Standard
References
4
Case No. 2018 NY Slip Op 04413 [162 AD3d 1286]
Regular Panel Decision
Jun 14, 2018

Matter of Tobin v. Finger Lakes DDSO

Kristi M. Tobin, a support aide, sustained injuries in April 2012 after being assaulted by a client, leading to a workers' compensation claim established for various injuries including reflex sympathetic dystrophy (RSD)/complex regional pain syndrome (CRPS) of her right face. A Workers' Compensation Law Judge initially awarded schedule loss of use for vision loss and facial disfigurement. The Workers' Compensation Board reversed this decision, classifying claimant's RSD/CRPS and ptosis as a nonschedule permanent partial disability under Workers' Compensation Law § 15 (3) (w), rescinding the prior awards, and remitting the case for further record development regarding loss of wage-earning capacity. The Appellate Division, Third Department, affirmed the Board's determination, finding substantial medical evidence supported the nonschedulable permanent partial disability classification due to the claimant's ongoing chronic pain and worsening ptosis, consistent with not receiving both schedule loss of use and nonschedule permanent partial disability awards for the same work-related accident.

Workers' Compensation LawPermanent Partial DisabilitySchedule Loss of UseReflex Sympathetic Dystrophy (RSD)Complex Regional Pain Syndrome (CRPS)Facial DisfigurementWage-Earning CapacityAppellate ReviewMedical EvidenceSubstantial Evidence
References
9
Case No. CA 12-01210
Regular Panel Decision
Feb 08, 2013

NEW YORK FINGER LAKES REGION POLICE, MTR. OF

Petitioner appeals an order denying its petition to vacate an arbitration award. The arbitration award determined that the respondent, City of Auburn, did not violate the terms of the collective bargaining agreement when it terminated the employment of one of petitioner’s members. The court reiterated that an arbitration award may only be vacated if it is irrational, violates strong public policy, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power. The court found that the arbitrator's interpretation of the CBA was not irrational and did not alter its terms, thus not exceeding his authority. Therefore, the order denying the petition to vacate the arbitration award was unanimously affirmed.

Arbitration AwardCollective Bargaining AgreementEmployment TerminationIrrational AwardPublic Policy ViolationArbitrator AuthorityAppellate ReviewVacate ArbitrationLabor DisputeJudicial Review of Arbitration
References
6
Case No. MISSING
Regular Panel Decision

Texas General Indemnity Co. v. Glover

This case involves an appeal from a judgment in a worker's compensation claim where the plaintiff sustained a broken ring finger while working for Louisiana Pacific Corporation. A jury found the injury resulted in total and permanent loss of use of the ring finger and extended to other fingers and the left hand. The defendant appealed, challenging the legal and factual sufficiency of the evidence for the injury's extension beyond the ring finger and the total loss of use of the left hand, particularly considering the plaintiff's ability to secure and retain employment as a truck driver. The appellate court reversed the finding of total and permanent loss of use of the left hand but affirmed the findings that the injury affected the middle and little fingers.

Worker's CompensationFinger InjuryHand InjuryTotal Loss of UsePermanent DisabilityMedical TestimonySufficiency of EvidenceAppellate ReviewTexas LawOccupational Injury
References
13
Case No. 2022 NY Slip Op 04520
Regular Panel Decision
Jul 08, 2022

Parkison v. KBM Mgt., Inc.

Plaintiff, Lisa Parkison, commenced an action seeking damages arising from consulting services provided by defendant KBM Management, Inc., related to the Wayne Finger Lakes School Workers' Compensation Plan. Defendant appealed from an order that granted plaintiff's motion for summary judgment on the breach of contract cause of action. The Appellate Division, Fourth Department, reversed the Supreme Court's order, concluding that the plaintiff failed to meet her initial burden. Specifically, the plaintiff did not establish as a matter of law that any damages were proximately caused by the alleged breach of contract by the defendant. Consequently, the order insofar as appealed from is reversed, and the motion for summary judgment is denied.

Breach of ContractSummary JudgmentWorkers' Compensation PlanAppellate ReviewProximate CauseDamagesConsulting ServicesWayne Finger Lakes School Workers' Compensation Plan
References
3
Case No. ADJ10127986
Regular
May 28, 2019

SAMANTHA SILVA vs. HILMAR CHEESE, SAFETY NATIONAL INSURANCE

This case concerns the compensability of Voltaren gel prescribed for the applicant's bilateral hand, wrist, and trigger finger injuries. The Workers' Compensation Appeals Board granted reconsideration, rescinding the original findings. The Board found that the critical issue was whether the generic equivalent of Voltaren gel was exempt from utilization review (UR), not solely the brand name's formulary status. The matter was returned for further proceedings to clarify the issues and for a new decision on the eligibility of the generic Voltaren gel.

Workers' Compensation Appeals BoardUtilization ReviewMedical Treatment Utilization ScheduleMTUSDrug FormularyExempt DrugGeneric DrugBrand Name DrugVoltaren GelFindings of Fact
References
5
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