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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

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. ADJ4025440 (VNO 0557895)
Regular
Mar 12, 2012

CHARLES B. HANLON vs. WYLE HOLDINGS, INC., AIG adjusted by CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board granted reconsideration to clarify an ambiguous award for temporary disability benefits. The applicant sustained a cumulative injury resulting in temporary and permanent disability. The defendant argued the award was unclear regarding the coordination of temporary disability payments with benefits already paid by the Employment Development Department (EDD). The Board clarified that the applicant is to be compensated for temporary disability, less amounts paid by EDD, with adjustments potentially needed to match the agreed-upon temporary disability rate. Furthermore, the Board clarified that EDD's overpayments of unemployment benefits made after the applicant's permanent and stationary date are to be reimbursed from the applicant's permanent disability benefits.

Cumulative industrial injuryTemporary disability indemnityPermanent disability benefitsPetition for ReconsiderationFindings and AwardAmbiguous awardEDD benefitsLabor Code §4904Agreed Medical ExaminerTemporary total disability
References
0
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision

Claim of Baltsavias v. Caldor, Inc.

Claimant sustained work-related injuries in August 1975 and March 1977, leading to a permanent partial disability. The Workers’ Compensation Board apportioned the disability 25% to the 1975 case and 75% to the 1977 case, sustaining awards and an allowance for claimant’s former attorneys. The claimant appealed, arguing for permanent total disability and challenging legal fees. However, the court found these arguments outside the scope of the appeal, noting that prior decisions had established the nature and extent of disability and no timely appeal was taken. Reviewing the record, the court found substantial evidence to support the Board’s factual findings regarding carrier responsibility for medical bills and the average weekly wage. Consequently, the Board’s decision was affirmed.

Workers' CompensationPermanent Partial DisabilityAppealBoard DecisionMedical BillsAverage Weekly WageCausally Related DisabilityTimelinessLegal FeesReopened Cases
References
0
Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
Case No. MISSING
Regular Panel Decision

Matter of Wohlfeil v. Sharel Ventures, LLC

The claimant, injured in October 2007, was initially found by a Workers’ Compensation Law Judge and affirmed by the Workers’ Compensation Board to have a permanent partial disability and a 75% loss of wage-earning capacity. The claimant subsequently appealed this decision. Medical experts, including the claimant's treating physician, Clifford Ameduri, and an independent medical examiner, Guy Corkhill, consistently testified that the claimant was totally disabled and incapable of any gainful employment. Despite this overwhelming medical evidence, the Board concluded that the claimant could perform sedentary work. The appellate court reversed the Board's findings, determining that they were not supported by substantial evidence in the record. The court concluded that the evidence actually warranted a finding of a permanent total disability for the claimant.

Permanent Partial DisabilityLoss of Wage-Earning CapacitySpinal FusionSpinal Cord StimulatorMedical TestimonyIndependent Medical ExaminationSedentary WorkTotal DisabilitySubstantial EvidenceAppellate Review
References
3
Case No. POM 0281587
Regular
May 02, 2008

ALINDA YELLOWHAIR vs. HAIR MASTERS, THE HARTFORD, SPECIALTY RISK SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to correct a prior award that improperly included disability from an admitted non-industrial shoulder injury. The Board reduced the applicant's permanent disability rating from 24% to 16% by removing the shoulder component and found that the defendant failed to meet the burden of proof for apportioning head and neck injury disability due to a subsequent motor vehicle accident. Consequently, the award for permanent disability indemnity was adjusted to reflect the 16% rating.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationApportionmentQualified Medical EvaluatorIndustrial InjuryNon-Industrial AccidentSubstantial EvidenceMedical OpinionCausation
References
6
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