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Case No. ADJ3805628 (SDO 0343204) ADJ374212 (AHM 0120859) ADJ1234915 (SDO 0343200)

Regular

Oct 04, 2018

MARIA GONZALEZ vs. IMPERIAL COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant Maria Gonzalez's cases. The dismissal was based on her failure to object to a Notice of Intention to Dismiss. Applicant claimed she was unable to attend proceedings due to mental and physical limitations stemming from agoraphobia and panic attacks, supported by medical reports. The Board remanded the case for the judge to explore disability accommodations, such as telephone or Skype appearances, to ensure due process.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissGood CauseMentally and Physically UnableTeacher's AssistantDisability AccommodationAgoraphobiaPanic Attacks

References

Case No. MISSING

Regular Panel Decision

Rebull v. Massanari

Rolando Rebull challenged the Commissioner of Social Security's denial of his Supplemental Security Income application, alleging disability due to panic disorder with agoraphobia. The District Court reviewed the Administrative Law Judge's (ALJ) decision, applying the "substantial evidence" standard. Rebull contended the ALJ failed to properly weigh his treating psychiatrist's opinion and his subjective complaints, and neglected to clarify inconsistencies in his medical record. The Court upheld the ALJ's finding that Rebull retained residual functional capacity for past work, citing ample supporting evidence and the ALJ's valid consideration of conflicting medical opinions. Consequently, Rebull's motion for judgment was denied, and the Commissioner's motion was granted.

Social Security ActSupplemental Security IncomeDisability DeterminationPanic DisorderAgoraphobiaTreating Physician RuleSubstantial Evidence ReviewAdministrative Law JudgeResidual Functional CapacityMental Health Impairment

References

Case No. MISSING

Regular Panel Decision

Claim of Wiltsie v. Owens Corning Fiberglass

Claimant suffered a compensable low back injury in 1995, continuing work with restrictions and ADA accommodations. In 2003, the employer's decision to change his shift caused claimant stress, leading his primary physician to diagnose chest pain syndrome, agoraphobia, and depression, and advise him to stop working. Initially awarded benefits for a period, the Workers’ Compensation Board subsequently denied further benefits, concluding that claimant's departure from work was for reasons unrelated to his back disability. Claimant appealed, contending his back injury prevented him from the new shift, but the Board's determination, supported by other evidence, found he left due to stress from the shift dispute rather than his back condition. The Board's decision, which included an assessment of claimant's testimony and medical evidence, was affirmed, as it was supported by credible evidence.

Low Back InjuryAmericans with Disabilities Act (ADA)Workplace AccommodationShift Schedule ChangeStress-Related IllnessChest Pain SyndromeAgoraphobiaDepression DiagnosisCredibility of Medical OpinionPermanent Partial Disability

References

Case No. MISSING

Regular Panel Decision

Francis v. Chemical Banking Corp.

Plaintiff Donahue Francis sued his former employer, Chase Manhattan Bank, alleging race and disability discrimination, and hostile work environment under Title VII, the New York State Human Rights Law (HRL), and the Americans with Disabilities Act (ADA). Francis claimed racial harassment and asserted he suffered from panic disorder with agoraphobia. The court granted defendant's motion for summary judgment, dismissing all federal claims, including those for race discrimination, hostile work environment, failure to promote, denial of salary increases, and retaliation. The court concluded that Francis failed to establish a prima facie case for most claims and did not demonstrate his panic disorder substantially limited a major life activity under the ADA. The remaining state law claims for disability discrimination and intentional infliction of emotional distress were dismissed without prejudice as the court declined to exercise supplemental jurisdiction.

Race DiscriminationDisability DiscriminationHostile Work EnvironmentTitle VIIAmericans with Disabilities Act (ADA)New York State Human Rights Law (HRL)Summary JudgmentPanic DisorderAgoraphobiaRetaliation Claim

References

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MARIA GONZALEZ vs. IMPERIAL COUNTY OFFICE OF EDUCATION

Rebull v. Massanari

Claim of Wiltsie v. Owens Corning Fiberglass

Francis v. Chemical Banking Corp.