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

Case No. ADJ10337348 ADJ10295534
Regular
Apr 17, 2019

Joshua Horn vs. Walmart Stores, Inc., and Ace American Insurance Company administered by York Risk Services, Group, Inc.

Walmart sought to introduce evidence excluded by a WCJ's order, arguing prejudice due to a clerical error in serving the Board. The WCAB dismissed Walmart's "petition" because it was an unverified letter to the WCJ, not a properly filed petition for removal or reconsideration. The Board found no petition was properly before them and therefore dismissed it.

Petition for RemovalWorkers' Compensation Appeals BoardWCJundue prejudiceclerical errorpetition for reconsiderationunverified letterLabor Code § 5902documentary evidencepre-trial order
References
0
Case No. CV-23-0356
Regular Panel Decision
Oct 24, 2024

Matter of Thakkar v. Walmart Assoc., Inc.

Claimant Purvi Thakkar sustained work-related injuries as a pharmacy technician, leading to a workers' compensation claim that was repeatedly amended to include various conditions like chronic regional pain syndrome, carpal tunnel syndrome, and psychological disorders. A Workers' Compensation Law Judge twice classified her with a permanent total disability, but the Workers' Compensation Board initially rescinded the first classification for insufficient medical evidence. The Board later affirmed the second classification, relying on an independent medical examination report by Dr. Ronald Mann. However, the Appellate Division, Third Department, reversed the Board's decision, finding inherent contradictions in Dr. Mann's report, which simultaneously stated MMI and permanent total disability while noting an inability to perform a complete permanency evaluation. The matter was remitted to the Board for clarification of the record and potential submission of additional evidence.

Workers' CompensationPermanent Total DisabilityMedical EvidenceIndependent Medical Examination (IME)Maximum Medical Improvement (MMI)Appellate ReviewRemittalConflicting Medical OpinionsOrthopedic InjuriesChronic Regional Pain Syndrome
References
10
Case No. ADJ11602449
Regular
Apr 01, 2020

PAUL PENNINGTON vs. WALMART STORE, INC.

This case involves an applicant who sustained left knee and right great toe injuries while employed by Walmart. The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding permanent disability. The Board found that the WCJ improperly made his own apportionment determination instead of relying on the QME's opinion, which was deemed substantial medical evidence. Consequently, the Board amended the award to reflect 37% permanent partial disability, increasing the applicant's indemnity and adjusting the attorney's fee accordingly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical ExaminerAMA GuidesWhole Person ImpairmentSubstantial EvidenceMedical OpinionCausation
References
0
Case No. ADJ9052447
Regular
Oct 13, 2018

JACQUELINE FINDLER vs. WALMART, AVIZENT, YORK INSURANCE

The Workers' Compensation Appeals Board denied the petition for reconsideration in *Findler v. Walmart*. The WCAB adopted the findings of the WCJ, who found that the lien claimant failed to provide sufficient evidence of the reasonable value of services rendered. This was because the applicable fee schedule did not control for services provided before its effective date. Therefore, the lien claimant was required to present evidence of reasonable value, which they did not adequately do.

Jacqueline FindlerWalmartAvizentYork InsuranceADJ9052447Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJOpinion and Order DenyingAdministrative Director Rule 9983
References
4
Case No. ADJ9845917
Regular
Mar 28, 2023

CHERYL ALEXANDER vs. WALMART, INC., ACE AMERICAN INSURANCE

In Alexander v. Walmart, Inc., the defendant, Ace American Insurance Company, sought reconsideration of a WCJ's award finding the applicant permanently and totally disabled due to multiple work injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study the issues. Following a settlement conference, the parties executed a Compromise and Release agreement. Consequently, the WCAB rescinded the prior award and remanded the case to the WCJ to consider the settlement, without ruling on the merits of the defendant's original petition.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and AwardCompromise and ReleaseRescindedRemandedPermanent and Total DisabilityCumulative InjuryOffice ManagerCashier
References
0
Case No. ADJ2162178 (FRE 0200410) ADJ972133 (FRE 0197989)
Regular
Apr 04, 2011

SANDRA LAPLANTE vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

This case involves a dispute over the apportionment of psychiatric disability following industrial injuries. The applicant, Sandra Laplante, sustained multiple injuries in two separate incidents while employed by Walmart. The primary issue on reconsideration is whether the Agreed Medical Examiner's (AME) testimony supports apportionment of her psychiatric disability to non-industrial causes. The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings, finding the AME's updated opinion on apportionment to be well-reasoned and based on substantial evidence.

Workers' Compensation Appeals BoardReconsiderationApportionmentPsychiatric disabilityAgreed Medical Examiner (AME)Labor Code section 4663Senate Bill 899CausationPermanent disabilityIndustrial injury
References
2
Case No. ADJ2162178 (FRE 0200410) ADJ972133 (FRE 0197989)
Regular
Jun 22, 2011

SANDRA LAPLANTE vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

This case involves applicant Sandra Laplante's claim for workers' compensation benefits from Walmart. The initial award found industrial injuries to her right knee, elbow, ankle, and psyche, resulting in 70% permanent disability for one claim and 10% for another, with no apportionment. Upon reconsideration, the Board found a potential for 10% apportionment of psychiatric disability to non-industrial causes, pending further review of whether gastric bypass surgery was industrially related. The applicant's petition for reconsideration of this apportionment, arguing the medical evidence was unsubstantiated, has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationJoint Findings Award and OrderAgreed Medical ExaminerApportionmentPsychiatric DisabilityNon-Industrial CausesGastric Bypass Surgery
References
0
Case No. ADJ8748354
Regular
Oct 03, 2018

VIDA ASADI ABOLVERDI vs. WALMART INC., ACE AMERICAN INSURANCE, YORK RISK SERVICES

The Workers' Compensation Appeals Board has dismissed a Petition for Removal in the case of Asadi Abolverdi v. Walmart Inc. The dismissal is due to the petitioner voluntarily withdrawing the petition. The order was filed on October 31, 2018, effectively ending this procedural step.

Petition for RemovalWithdrawn PetitionWorkers' Compensation Appeals BoardDismissedWalmart Inc.Ace American InsuranceYork Risk ServicesADJ8748354Anaheim District OfficeDeidra E. Lowe
References
0
Case No. 15-cv-4357 (PAC)
Regular Panel Decision
Aug 02, 2017

Chavis v. Wal-Mart Stores, Inc.

Cory Chavis, an Asset Protection Manager at a Walmart in Suffern, New York, sued Wal-Mart Stores, Inc. and Wal-Mart Stores East, LP, alleging religious discrimination and retaliation under Title VII. Chavis sought a religious accommodation to not work on Sundays due to her Sabbath observance. While initially requiring her to use vacation days, Walmart later granted her accommodation. Chavis subsequently claimed a hostile work environment and discriminatory denial of seventeen promotions. The court granted defendants' motion for summary judgment in part, dismissing claims of failure to accommodate and hostile work environment, as well as most promotion claims. However, it denied summary judgment on Chavis's retaliation claim and promotion claims for specific MAPM and ASM positions, finding genuine issues of material fact.

Religious DiscriminationRetaliationSummary JudgmentFailure to PromoteTitle VIIHostile Work EnvironmentSabbath AccommodationWalmartEmployment LawNew York Law
References
48
Case No. MISSING
Regular Panel Decision

Claim of Beardsley v. Walmart

The claimant sustained a work-related injury in 2002, which was subsequently determined to be a permanent partial disability in 2009. Given that the injury occurred prior to the 2007 amendment to Workers’ Compensation Law § 15 (3) (w), there is no limitation on the duration for which the claimant can receive non-schedule permanent partial disability benefits under that subdivision. As the award was issued on or after July 1, 2007, Workers’ Compensation Law § 27 (2) mandates that the employers’ workers’ compensation carrier remit the full award amount into the aggregate trust fund. The Workers’ Compensation Board directed this payment, and the carrier's appeal against this directive was affirmed, consistent with prior rejections of similar challenges.

Workers' CompensationPermanent Partial DisabilityAggregate Trust FundStatutory InterpretationAppellate ReviewBenefit CapsPre-2007 AmendmentPost-2007 AwardCarrier LiabilityBoard Decision
References
3
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