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

Case No. ADJ8481702
Regular
Aug 16, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a prior decision that found the applicant's stroke was a compensable consequence of his admitted industrial injury. The Board found that the medical decision to withhold anticoagulation treatment for the applicant's pre-existing atrial fibrillation, due to the necessity of surgery for his industrial injury, was a contributing cause of his stroke. Therefore, the stroke was deemed a foreseeable and compensable consequence of the industrial injury.

Compensable consequenceStrokeAtrial fibrillationAnticoagulation treatmentMedical decisionIndustrial injuryPetition for ReconsiderationOpinion and Order Denying PetitionWorkers' Compensation Appeals BoardNovel circumstance
References
0
Case No. MISSING
Regular Panel Decision

Jowers v. LAKESIDE FAMILY AND CHILDREN'S SERVICES

Lynn Jowers sued Lakeside Family and Children’s Services for wrongful termination, alleging discrimination based on his medical condition (atrial fibrillation) under the Americans with Disabilities Act (ADA). Jowers filed an EEOC complaint more than two years after his termination, exceeding the 300-day statutory limit. Lakeside moved to dismiss the complaint as time-barred, while Jowers cross-moved to dismiss Lakeside's motion, citing ignorance of the law regarding disability discrimination. The court granted Lakeside’s motion, dismissing Jowers’ complaint with prejudice, ruling that his explanation for the late filing was insufficient for equitable tolling, particularly as he had previously filed an EEOC complaint.

Employment DiscriminationADAAtrial FibrillationWrongful TerminationStatute of LimitationsEquitable TollingEEOCMotion to DismissCriminal Background CheckFalsified Employment Application
References
13
Case No. MISSING
Regular Panel Decision

Matter of Maffei v. Russin Lumber Corp.

The claimant, a lumber company manager, filed a workers' compensation claim established for occupational asthma and consequential atrial fibrillation. The case was expedited for permanency hearings. The employer and its workers' compensation carrier had video surveillance but failed to bring it to a scheduled expedited hearing, requesting a continuance after the claimant testified. The Workers’ Compensation Law Judge (WCLJ) denied the adjournment request, finding no emergency and classifying the claimant with a permanent total disability. The Workers' Compensation Board, on full Board review, upheld the WCLJ's decision, concluding that no emergency existed to justify a continuance for the carrier to produce the video. The Appellate Division affirmed the Board's decision, stating that the carrier was afforded due process and waived arguments regarding misrepresentation and the propriety of the expedited calendar transfer.

Video SurveillanceExpedited HearingAdjournment DenialDue ProcessPermanent Total DisabilityWorkers' Compensation BoardAppellate ReviewEvidentiary RulesEmergency ExceptionWaiver of Issues
References
6
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Apr 09, 2009

CESAR RAMIREZ vs. TIME WARNER CABLE, ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding applicant Cesar Ramirez did not sustain an industrial injury. The Board found his ventricular fibrillation, which caused a motor vehicle accident, was a spontaneous, non-industrial medical event. The applicant's claim that a sudden stop in traffic caused "shock" leading to the fibrillation was not credited by the Board. Therefore, the applicant failed to prove his injury arose out of and occurred in the course of employment.

Ventricular fibrillationLone ventricular fibrillationSpontaneous eventNon-industrial medical conditionMotor vehicle accidentIndustrial causationReconsiderationPanel Qualified Medical Evaluator (QME)FrankbackIdiopathic seizure
References
2
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Hurlbutt v. A. J. Cerasaro, Inc.

Decedent, Jack C. Hurlbutt, died after falling from a crane during work. His estate filed a claim, asserting ventricular fibrillation caused by the fall or work-related anxiety. The employer's expert argued a spontaneous, non-work-related event. The Workers' Compensation Board credited the claimant's medical expert, concluding death was due to ventricular fibrillation caused by the trauma of the fall while in the course of employment. The employer appealed, but the court affirmed the Board's decision, citing its prerogative to choose between conflicting medical opinions and finding the statutory presumption of work-relatedness for unwitnessed accidents was not rebutted.

Workers' CompensationUnwitnessed AccidentPresumption of Arising Out of EmploymentVentricular FibrillationCause of DeathMedical Opinion ConflictFact-Finding PowerAppellate ReviewCourse of EmploymentStatutory Presumption
References
4
Case No. ADJ31300041 (VNO 0552733) ADJ2893120 (VNO 0552734)
Regular
Jun 19, 2009

Cesar Ramirez vs. Time Warner Cable, ESIS, INC.

This case concerns a denial of reconsideration for a workers' compensation claim. The Appeals Board reaffirmed its prior decision that the applicant did not sustain an industrial injury arising from a motor vehicle accident. The applicant's alleged ventricular fibrillation was deemed a spontaneous event unrelated to his employment, and his belated recollection of the accident was not credited as substantial evidence of industrial causation. The Board maintained its authority to reweigh evidence and reject the findings of the administrative law judge.

Workers' Compensation Appeals BoardCesar RamirezTime Warner CableESIS Inc.petition for reconsiderationindustrial causationmotor vehicle accidentlone ventricular fibrillationburden of proofdelayed memory
References
1
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. MISSING
Regular Panel Decision

Matter of Black v. Metro. Tobacco

This is an opinion of the court concerning a workers' compensation claim. The case involves a decedent who suffered a fatal heart attack after being informed by his employer of his dismissal. The Workers’ Compensation Board initially found the heart attack to be a compensable accident, a decision later reversed by the Appellate Division. However, the higher court, finding substantial evidence, reversed the Appellate Division's order and reinstated the Board's decision. Expert testimony established that the notification of dismissal was a significant stress factor contributing to ventricular instability, fibrillation, and ultimately, death, thus constituting an accident arising out of and in the course of employment.

Workers' CompensationFatal Heart AttackJob Dismissal StressCompensable AccidentMedical CausationAppellate ReviewBoard ReinstatementNew York LawStress-induced Heart AttackEmployment Termination
References
3
Case No. MISSING
Regular Panel Decision
Jun 13, 2001

Claim of Owoc v. Syracuse University

This case involves an appeal from a Workers' Compensation Board decision that found the death of a maintenance worker, employed by Syracuse University, was causally related to his employment, granting death benefits to his widow. The decedent died from ventricular fibrillation secondary to coronary artery disease after returning home from work. The employer challenged the Board's reliance on a medical opinion regarding causation, arguing it was speculative. However, the court determined that the Board properly weighed conflicting medical expert opinions, particularly crediting Dr. Nash's view that the death was attributable to work at the steam plant. The Appellate Division ultimately affirmed the Board's decision, finding Dr. Nash's opinion to have a rational basis.

Workers' CompensationCausal RelationshipDeath BenefitsVentricular FibrillationCoronary Artery DiseaseMedical Expert TestimonyWorkplace StressSufficiency of EvidenceBoard DiscretionAppellate Review
References
5
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