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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
Dec 13, 2006

Claim of Aposporos v. NYNEX

Claimant applied for workers' compensation benefits in May 1996 for neck and wrist injuries. A compensable injury for her left wrist was established in February 1997, with other injury sites held in abeyance. In March 2006, claimant requested further action to establish an injury to her right wrist. The employer asserted that the Special Disability Fund was liable pursuant to Workers’ Compensation Law § 25-a due to the time elapsed. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board determined the Fund was not liable, finding the case was not truly closed because the right wrist injury issue was raised in 1996 and remained unresolved. The appellate court affirmed the Board's decision, stating that substantial evidence supported the finding that the case was not truly closed.

Workers' CompensationSpecial Disability FundCase ReopeningLiabilityUnresolved ClaimWorkers’ Compensation Law § 25-aInjury EstablishmentAppealBoard DecisionSubstantial Evidence
References
3
Case No. ADJ10234015 (MF) ADJ10537501
Regular
Feb 21, 2017

DON PONCE vs. BARRETT BUSINESS SERVICES, INC., permissibly self-insured; STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's Petition for Reconsideration. The Board affirmed the WCJ's finding that the applicant sustained a cumulative trauma injury to his left wrist during his employment with the defendant. This finding was based on medical evidence indicating the wrist injury resulted from increased stress due to work duties after previous shoulder surgery. The Board clarified that even if the wrist injury was a consequence of a prior industrial injury, it was still compensable as an aggravation of a pre-existing condition directly attributable to the subsequent employment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationCumulative Trauma InjurySpecific InjuryCompensable ConsequencePrior Industrial InjuryShoulder InjuryWrist InjuryTruck Driver
References
9
Case No. ADJ1806235 (OAK 0229406) ADJ3677836 (OAK 0279846) ADJ3058455 (OAK 0347422)
Regular
Jun 03, 2013

THEODORE FERNANDEZ vs. TENET HEALTHCARE dba SAN RAMON REGIONAL MEDICAL CENTER, SEDGWICK CMS, VALLEYCARE HEALTH SYSTEM, LUMBERMEN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for further proceedings. The Board found insufficient medical evidence to definitively link the applicant's wrist condition to his 1993 injury. It noted the applicant's wrist symptoms emerged and worsened years after his employment with the original employer, suggesting a potential cumulative trauma injury with a subsequent employer. The Board ordered further development of the medical record to clarify the nature and causation of the applicant's bilateral wrist issues.

WCABReconsiderationCumulative TraumaBilateral Upper ExtremitiesCarpal Tunnel SyndromeUlnar NeuritisCubital Tunnel SyndromeAgreed Medical EvaluatorApportionmentSubstantial Medical Evidence
References
0
Case No. 2023 NY Slip Op 00140 [212 AD3d 974]
Regular Panel Decision
Jan 12, 2023

Matter of Molnar v. JRL S. Hampton, LLC

Claimant John Molnar appealed a Workers' Compensation Board decision which disallowed his claim for occupational bilateral wrists and hands injury. The Board affirmed a Workers' Compensation Law Judge's decision, finding the claim was precluded by collateral estoppel. Molnar had a prior established claim for occupational bilateral carpal tunnel syndrome and a second claim for repetitive-use wrist injury that was disallowed by the Board in August 2020 for lack of causal relationship to employment. The Board determined that the issue of causal link between employment and repetitive-use wrist injury in the instant claim was identical to the issue previously litigated and decided against Molnar, thus applying the doctrine of collateral estoppel to preclude relitigation.

Collateral EstoppelRes JudicataOccupational DiseaseCarpal Tunnel SyndromeRepetitive-Use InjuryWorkers' Compensation BenefitsAppellate ReviewCausal RelationshipBoard DecisionClaim Disallowed
References
7
Case No. MISSING
Regular Panel Decision

Claim of Mickelson v. Value Construction

Claimant, a carpenter, sought workers' compensation benefits for a left wrist injury in April 2013. The Workers' Compensation Board initially ruled the claim time-barred but later rescinded that decision, establishing the claim with a disablement date of May 6, 2013, corresponding to the diagnosis of a work-related ligament injury and arthritis. The employer and carrier appealed this decision. The Appellate Division, Third Department, affirmed the Board's finding regarding the timely filing and date of disablement, noting it was supported by substantial evidence, despite the claimant's earlier symptoms. However, the Court found that the Board failed to address a previously raised issue concerning whether the left wrist injury was consequentially related to a 2003 right wrist injury. Consequently, the Court modified the Board's decision by remitting the matter for further proceedings to address this unadjudicated issue.

Workers' CompensationTimeliness of ClaimDate of DisablementOccupational DiseaseLeft Wrist InjuryCarpal Tunnel SyndromeLigament InjuryArthritisMedical DiagnosisRemittal
References
3
Case No. MISSING
Regular Panel Decision

Claim of Rathbun v. D'Ella Pontiac Buick GMC, Inc.

In February 1999, claimant experienced work-related wrist and elbow pain, later diagnosed as bilateral carpal tunnel syndrome. The employer's workers’ compensation carrier initially accepted the claim and authorized medical treatment. In 2006, claimant sought authorization for left wrist surgery, which the carrier denied, asserting that liability shifted to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. This was based on the lapse of seven years from the injury date and three years from the last compensation payment. The Workers’ Compensation Board deemed § 25-a inapplicable. However, the Appellate Division reversed, finding that the case was "truly closed" in July 2003 when right wrist surgery was authorized, as no further proceedings were contemplated. Consequently, the court held that Workers’ Compensation Law § 25-a indeed applies, shifting liability to the Special Fund, and remitted the matter for further proceedings.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational InjuryMedical Authorization DenialCase ReopeningStatute of LimitationsLapse of TimeTruly Closed Case DoctrineAppellate Division
References
5
Case No. LAO 0753696, LAO 0753697
Regular
May 27, 2008

JOSE BERRIOS vs. JERRY'S FAMOUS DELI, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By BROADSPIRE SERVICES for CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation, CENTRE INSURANCE COMPANY Administered By RISK ENTERPRISE MANAGEMENT

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior decision that found his right wrist and back injuries had reached permanent and stationary status. The Board rescinded the prior order and returned the case for further proceedings, allowing the applicant to present new evidence regarding ongoing temporary total disability from his wrist injury. The Board also found no basis to disqualify the administrative law judge.

WORKERS' COMPENSATION APPEALS BOARDJOSE BERRIOSJERRY'S FAMOUS DELIINC.CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBROADSPIRE SERVICESCALIFORNIA COMPENSATION INSURANCE COMPANYCENTRE INSURANCE COMPANYRISK ENTERPRISE MANAGEMENTLAO 0753696
References
0
Case No. ADJ2297894 (POM 0278528), ADJ3191942 (POM 0292415), ADJ128178 (POM 0292417)
Regular
Dec 02, 2013

MARTIN ADAME vs. ANHEUSER-BUSCH, INC., ACE USA INSURANCE, FOOTHILL BEVERAGE COMPANY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address contested findings regarding applicant Martin Adame's industrial injuries. The Board rescinded decisions in two cases (ADJ2297894 and ADJ3191942) concerning injuries to applicant's wrists, neck, and upper back. These cases are returned to the trial level for further development of the record and new decisions. The decision in a third case (ADJ128178), concerning a right wrist injury, was affirmed as no issues were raised.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryTruck DriverCumulative PeriodTemporary Disability IndemnityFurther Medical TreatmentPetitions for ReconsiderationAdministrative Law JudgeFindings and Award
References
0
Case No. ADJ3827044 (VNO 0434416)
Regular
Oct 11, 2010

ERIKA GUEDEL vs. KAISER PERMANENTE, Permissibly Self-Insured

This case involves an applicant seeking reconsideration of a workers' compensation award that found industrial injury to her wrists and cervical spine, causing 13% permanent disability. The original award failed to address medical treatment for the applicant's wrists, and denied her claim for psychiatric injury. The Appeals Board granted reconsideration to amend the decision, adding an award for future medical treatment for all injured body parts, but otherwise affirmed the original findings, including the denial of the psychiatric injury claim.

Workers' Compensation Appeals BoardKaiser PermanenteFindings and AwardWCJindustrial injurywristscervical spinepermanent disabilityapportionmentmedical treatment
References
1
Case No. ADJ7785597
Regular
Nov 13, 2012

HORTENCIA GARCIA vs. WHITE APRON, INC., ZURICH NORTH AMERICA

This case concerns an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, affirming the administrative law judge's finding that the applicant did not sustain an industrial injury to her left wrist on August 31, 2010. The Board clarified that Labor Code section 5402's presumption of compensability applies to claims of injury, not to amendments for additional body parts. Crucially, the applicant failed to present substantial medical evidence proving causation for the left wrist injury.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code section 5402Presumption of CompensabilityCompensable ConsequenceSubstantial EvidenceReasonable Medical ProbabilityCausationIndustrial Injury
References
8
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