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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
Sep 22, 1999

Umansky v. Masterpiece International Ltd.

The plaintiff, a receptionist and clerical worker, was terminated by the defendants after being diagnosed with bilateral ulnar nerve entrapment, a condition similar to carpal tunnel syndrome. The plaintiff alleged discrimination based on disability, violating Executive Law § 296 and Administrative Code § 8-107. The defendants contended the termination was due to poor job performance. The Supreme Court denied the defendants' motion for summary judgment, citing a material question of fact regarding whether the disability prevented the plaintiff from performing her job or if there was a legitimate non-discriminatory reason for termination. The appellate court affirmed the Supreme Court's order, upholding the denial of summary judgment.

discriminationdisabilitywrongful terminationsummary judgmenthuman rights lawulnar nerve entrapmentemployment lawappellate reviewmaterial question of factKings County
References
3
Case No. MISSING
Regular Panel Decision

Walker v. Saturn Corp.

Sharon Walker, an employee of Saturn Corporation, sought a full court review after a Special Workers’ Compensation Appeals Panel’s decision reduced her disability award. Walker suffered from tenosynovitis in both wrists and ulnar nerve entrapment in her left elbow due to repetitive work, requiring surgeries and leading to permanent restrictions. While medical experts provided anatomical impairment ratings, a vocational specialist assessed a 97% occupational disability given Walker’s limited skills and local job market opportunities. The court reversed the Panel's decision, affirming the trial court's original finding of an eighty-five percent permanent partial disability to both arms, emphasizing that vocational impairment is not solely dependent on anatomical impairment.

Workers' CompensationPermanent Partial DisabilityTenosynovitisDe Quervain's SyndromeUlnar Nerve EntrapmentVocational DisabilityAnatomical ImpairmentOccupational DisabilityRepetitive Strain InjurySurgery
References
12
Case No. 2018 NY Slip Op 07810
Regular Panel Decision
Nov 15, 2018

Matter of Maunder v. B & B Lbr. Co.

Claimant, Elizabeth A. Maunder, appealed a decision by the Workers' Compensation Board that denied her a schedule loss of use (SLU) award for her arms, related to occupational disease and cubital tunnel syndrome. Her treating orthopedic surgeon, Nathan Everding, opined a 25% SLU for each elbow after revision surgery, despite previous awards for her hands. The Board found Everding's testimony and reports insufficient and inconsistent with the New York State Guidelines for Determining Permanent Impairment, noting his inability to explain the percentage or identify required 'elbow defects' for ulnar nerve entrapment. The Appellate Division affirmed the Board's decision, emphasizing the Board's prerogative to accept or reject medical evidence and the claimant's burden to prove facts supporting her claim, which was not met under the guidelines.

Schedule Loss of UseSLU AwardCubital Tunnel SyndromeBilateral WristsOccupational DiseaseWorkers' Compensation Board DecisionMedical Evidence InsufficiencyPermanent Impairment GuidelinesUlnar Nerve EntrapmentElbow Defects
References
11
Case No. 2019-03-1529
Regular Panel Decision
Mar 08, 2024

Alvarez, Toriba v. LFC Enterprises, Inc.

Ms. Toriba Alvarez sustained a left-ankle injury in February 2019 while working for LFC Enterprises, Inc., which was accepted as compensable. She received various treatments, including a peripheral nerve block that provided significant relief for three months. However, LFC Enterprises denied subsequent authorizations for further nerve blocks and a peripheral nerve stimulator trial based on utilization review findings. The Court, giving greater weight to the pain management provider's recommendations over utilization review, ruled that Ms. Alvarez is likely to prevail on her entitlement to the peripheral nerve block. Consequently, LFC Enterprises is ordered to authorize the peripheral nerve block, and a scheduling hearing is set for June 7, 2024.

Workers' CompensationAnkle InjuryNerve BlockPain ManagementUtilization ReviewTreatment AuthorizationMedical NecessityExpedited HearingDenial of BenefitsEmployee Rights
References
1
Case No. ADJ3582743 (STK 0215397)
Regular
Apr 11, 2014

KERI LARSEN vs. MODESTO IRRIGATION DISTRICT

This case concerns defendant Modesto Irrigation District's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge erred in using an incorrect impairment number for calculating permanent disability. The Board amended the award to reflect an 18% permanent disability rating, based on the agreed medical evaluator's opinion regarding lateral epicondylitis and decreased grip, not nerve entrapment. The Board also corrected the finding for future medical treatment to the right arm and elbow, aligning with the amended disability rating.

Workers' Compensation Appeals BoardModesto Irrigation DistrictKerri Larsenpermanent disability ratingAMA GuidesAlmarez-Guzmanstraight ratingReport And Recommendation On Petition For ReconsiderationAgreed Medical EvaluatorAME
References
5
Case No. 2024-80-3090
Regular Panel Decision
Apr 17, 2025

Tate, Lando v. VITERRA COTTON

Lando Tate, an employee of Viterra Cotton, sought benefits for a left-hand injury that he believed was work-related. The injury, diagnosed as osteoarthritis with nerve entrapment, was initially reported in April 2024. Despite Mr. Tate's subjective belief, authorized physicians Dr. Christian Fahey and Dr. Norfleet Thompson concluded that his work did not contribute more than 50% to his condition, citing age as a greater cause. Unauthorized physicians, Dr. Alice Montague and Dr. Adela Castro, did not provide causation opinions. Based on the medical evidence, the Court denied Mr. Tate's request for benefits, stating he failed to prove his work primarily caused his current need for medical treatment.

Workers' CompensationExpedited HearingDenied BenefitsOsteoarthritisNerve EntrapmentCausationMedical EvidenceAuthorized PhysicianPrimary CauseEmployment Injury
References
2
Case No. ADJ6552734
Regular
Apr 02, 2015

Diane Garibay-Jimenez vs. Santa Barbara Medical Foundation Clinic, Zurich American Insurance

This case concerns a denied request for left ulnar nerve decompression surgery. The Administrative Law Judge (WCJ) upheld the denial, finding the applicant failed to provide necessary Agreed Medical Examiner (AME) reports to the Independent Medical Review (IMR), making a further review unreasonable. However, the Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the WCJ's order. The WCAB found the defendant failed to comply with Labor Code section 4610.5(l) by not providing all relevant medical records to IMR, thus invalidating the prior IMR determination. The matter was returned for a new IMR application, holding the defendant responsible for submitting complete records.

Workers' Compensation Appeals BoardDiane Garibay-JimenezSanta Barbara Medical Foundation ClinicZurich American InsuranceADJ6552734Opinion and Order Granting Petition for ReconsiderationExpedited Findings of Fact and OrderAdministrative Law JudgeIndependent Medical ReviewUtilization Review
References
0
Case No. MISSING
Regular Panel Decision

Brown Shoe Company v. Reed

Employee Reed suffered an ulnar nerve injury in his left arm due to the repetitive nature of his work 'rough trimming' shoes for Brown Shoe Company. The injury caused numbness, atrophy, and loss of grip, leading him to quit his job on April 27, 1959, on medical advice. The trial judge found in favor of Reed, awarding compensation, which the Shoe Company appealed, arguing the injury was not compensable and notice/suit were untimely. The appellate court affirmed the trial judge's finding that the gradual injury constituted an 'accident' under Workers' Compensation law and that notice was timely given when the seriousness became apparent. The case was remanded for a correction in the computation of the award under the statute in force at the time of injury and to account for a potential operation.

Ulnar Nerve InjuryRepetitive Strain InjuryGradual InjuryOccupational Disease ClassificationNotice RequirementStatute of Limitations DefenseMaterial Evidence RuleMedical TestimonyAtrophy of MusclesNerve Entrapment
References
6
Case No. MISSING
Regular Panel Decision

El Paso Independent School District v. Pabon

Laura Pabon, a former custodian, sought lifetime income benefits under the Texas Workers’ Compensation Act after developing carpal tunnel syndrome and ulnar entrapment, leading to multiple surgeries and limited work capacity. Although an initial functional capacity evaluation suggested she could perform sedentary to light work, her condition deteriorated, preventing her from maintaining employment despite attempts. The Texas Workers’ Compensation Commission denied her benefits, but a jury in district court found a total loss of use of both hands, entitling her to lifetime benefits. The El Paso Independent School District appealed, challenging the legal and factual sufficiency of this finding. The appellate court affirmed the district court's judgment, concluding that the evidence supported the jury's finding of total loss of use.

Workers' CompensationLifetime Income BenefitsCarpal Tunnel SyndromeUlnar EntrapmentTotal Loss of UseFunctional Capacity EvaluationAppellate ReviewLegal SufficiencyFactual SufficiencyEmployment Limitations
References
5
Case No. MISSING
Regular Panel Decision

Claim of Carr v. Cairo Fire District

Claimant, a volunteer firefighter, sustained a right hand fracture and subsequently developed bilateral carpal tunnel syndrome and ulnar nerve compression, which his treating physician and a first independent medical examination (IME) linked to his work injury. The employer's workers' compensation carrier disputed the claim after a second IME found no carpal tunnel syndrome. During a Workers' Compensation Law Judge (WCLJ) proceeding, the WCLJ amended the claim to include consequential injuries without taking sworn testimony or allowing the carrier to cross-examine the claimant or his treating physician. The Workers’ Compensation Board affirmed this decision. On appeal, the court reversed, holding that the carrier was improperly denied its right to present testimony and cross-examine the treating physician, thereby prejudicing the employer. The matter was remitted for further proceedings.

Workers' CompensationVolunteer FirefighterCarpal Tunnel SyndromeUlnar Nerve CompressionIndependent Medical ExaminationRight to TestimonyCross-ExaminationProcedural Due ProcessEvidentiary HearingAppellate Review
References
3
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