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

Case No. MISSING
Regular Panel Decision

Matter of Lichten v. New York City Transit Authority

Claimant, a bus driver, filed for workers' compensation benefits due to an occupational disease stemming from repetitive stress injuries to his legs, including his hips, knees, and feet, caused by his employment. The Workers’ Compensation Law Judge established the case for bilateral hips but disallowed the claim for bilateral knees. This disallowance was upheld by the Workers’ Compensation Board. Claimant appealed this decision. Medical testimony presented conflicting opinions regarding the causal relationship of claimant's knee condition to his work activities. The Board's decision to discredit the treating orthopedist's opinion was found to be supported by substantial evidence and was within its authority concerning credibility determinations. The appellate court affirmed the Board's decision.

Workers' CompensationOccupational DiseaseRepetitive Stress InjuryBilateral KneesCausal RelationshipMedical EvidenceCredibility DeterminationAppellate ReviewAffirmed DecisionBus Driver
References
6
Case No. ADJ987312 (OAK 0273831) ADJ1314100 (OAK 0273829) ADJ2663048 (OAK 0273830) ADJ10521891
Regular
Nov 07, 2016

LORETTA LITTLE vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed findings of industrial injury for bilateral plantar fasciitis, lumbar spine, knees, right ankle, and bilateral carpal tunnel. The Board rescinded findings in one case that was not properly set for trial. Three cases were returned to the trial level for specific determinations on temporary disability indemnity and a petition to terminate benefits. The Board also upheld the denial of a penalty claim, the deferral of self-procured medical treatment reimbursement, the permanent and stationary date, and the applicant's occupational group number.

Petition for ReconsiderationPetition for RemovalFindings Award and OrdersIndustrial InjuryBilateral Plantar FasciitisLumbar Spine InjuryBilateral Knee InjuryRight Ankle InjuryCarpal Tunnel SyndromeOccupational Group Number
References
8
Case No. ADJ924878 (LAO 0883182)
Regular
Nov 12, 2019

ROSARIO VALDEZ vs. ATLANTIC EXPRESS OF L.A. INC., Administered By LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending a prior award. The Board affirmed the finding of industrial injury to the applicant's bilateral ankles and knees and the award of further medical treatment, including surgery. However, the Board modified the award of temporary disability benefits to comply with the 104-week limitation under Labor Code section 4656(c)(1), starting from the date temporary disability payments commence.

Petition for ReconsiderationFindings and Awardbus driverbilateral anklesbilateral kneestemporary disabilityEmployment Development DepartmentEDD lienfurther medical treatmentleft knee surgery
References
3
Case No. ADJ3705074
Regular
Nov 18, 2015

DIANA BADYRKA vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA SAN DIEGO

This case involves a worker's compensation claim by Diana Badyrka against the Regents of the University of California San Diego for bilateral foot and ankle injuries. The applicant sought reconsideration of the Workers' Compensation Judge's (WCJ) decision regarding apportionment of her permanent disability. The WCJ found that 50% of the applicant's impairment was due to a congenital foot structure, a position supported by medical evaluations from both the Qualified Medical Evaluator and the applicant's treating physician. The WCAB adopted the WCJ's report, denying the petition for reconsideration.

WCABPetition for ReconsiderationdeniedRegents of the University of California San DiegoSedgwick CMSnursebilateral feet and anklesapportionmentpermanent disabilityQualified Medical Evaluator (PQME)
References
0
Case No. ADJ8779471
Regular
Mar 07, 2018

JOSEPH RACANELLI vs. FARMERS INSURANCE GROUP, LIBERTY MUTUAL INSURANCE COMPANY

This case involved a workers' compensation claim for bilateral carpal tunnel syndrome. The applicant sought a 15% increase in permanent disability payments, which the Board affirmed, finding the employer failed to issue proper notice. The Board also disallowed the Employment Development Department's (EDD) lien for benefits paid during a period when the applicant was disabled due to an unrelated non-industrial ankle injury. Defendant's argument regarding apportionment was rejected as the AME's opinion lacked substantial evidence and the issue was not properly raised.

WCABReconsiderationClaims AdjusterCumulative InjuryBilateral WristsPermanent DisabilityLabor Code Section 4658(d)(2)Employment Development DepartmentEDD LienApportionment
References
8
Case No. ADJ417505 (STK 173008)
Regular
Oct 07, 2008

MARSHA CRISWELL vs. COUNTY OF STANISLAUS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of left ankle surgery for applicant Marsha Criswell. The Board found no substantial medical evidence connecting Criswell's current ankle condition to her 2000 industrial injury, noting the ankle injury resolved and a new injury occurred in 2005. Therefore, the applicant failed to meet her burden of proof for industrial causation of the current ankle problem.

Workers' Compensation Appeals BoardReconsiderationMedical CausationIndustrial InjuryLeft Ankle SurgeryAgreed Medical ExaminerTreating PhysicianPreponderance of the EvidenceReasonable Medical ProbabilityLay Testimony
References
8
Case No. ADJ10955805; ADJ10963100
Regular
Oct 20, 2025

DAVID SCHUPP vs. MAGIC MOUNTAIN LLC, PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD

David Schupp, the applicant, filed workers' compensation claims for injuries to his right ankle, bilateral wrists, and knees while employed by Magic Mountain LLC. The defendant, Magic Mountain LLC, petitioned for removal challenging a Workers' Compensation Judge's (WCJ) findings regarding the Qualified Medical Evaluator (QME) process in pain management. The Appeals Board treated the petition as one for reconsideration, granted it under the removal standard, affirmed the WCJ's findings on employment, injury, and parts of the body, but deferred other interlocutory issues. The case is returned to the WCJ for further proceedings to address the validity of the QME panels, the timeliness and nature of the applicant's objection to a medical report, and potential prejudice to the defendant.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalJoint Findings and OrderQualified Medical EvaluatorPQMEPain ManagementLabor Code Section 4062.2Agreed Medical EvaluatorMedical Evaluation
References
10
Case No. 2022 NY Slip Op 01493
Regular Panel Decision
Mar 10, 2022

Matter of Ippolito v. NYC Tr. Auth.

Claimant Joseph Ippolito established an occupational disease with a date of disablement at November 15, 2018, due to injuries to both elbows, ankles, knees, and bilateral carpal tunnel syndrome. His orthopedist, David Capiola, determined maximum medical improvement (MMI) and assessed schedule loss of use (SLU) awards. The Workers' Compensation Law Judge (WCLJ) granted lump-sum awards based on Capiola's opinion, adjusting the hand SLU. The Workers' Compensation Board affirmed the WCLJ's decision. The employer appealed, contending the Board failed to address issues raised in its administrative review application. The Appellate Division, Third Department, concurred, ruling that the Board's omission precluded meaningful judicial review. Consequently, the court reversed the Board's decision and remitted the case for further proceedings.

Occupational DiseaseSchedule Loss of Use (SLU)Maximum Medical Improvement (MMI)Administrative ReviewAppellate DivisionMedical OpinionPermanency FindingsRemittalEmployer AppealOrthopedist Report
References
4
Case No. 527180
Regular Panel Decision
Apr 25, 2019

Matter of McAndrews v. Buffalo Sewer Auth.

Claimant Donald McAndrews filed for workers' compensation benefits after sustaining bilateral knee and ankle injuries from a fall at work. The employer and carrier's notice of controversy was untimely, precluding most defenses except causal relationship. A Workers' Compensation Law Judge (WCLJ) established the case for work-related injuries, crediting claimant's testimony and medical evidence, and denying the carrier's fraud claim under Workers' Compensation Law § 114-a due to insufficient evidence. The Workers' Compensation Board affirmed this decision. On appeal, the carrier contended that discrepancies between an accident report and the claim form undermined the causal relationship finding and that their cross-examination of claimant was improperly curtailed regarding fraud. The Appellate Division, Third Department, affirmed the Board's decision, upholding its assessment of witness credibility and the sufficiency of the medical evidence, and finding no abuse of discretion in the WCLJ's limitations on cross-examination.

Workers' CompensationCausal RelationshipUntimely NoticeFraud AllegationCredibilityMedical EvidenceAppellate ReviewCross-ExaminationBilateral Knee InjuryBilateral Ankle Injury
References
7
Case No. ADJ6955370
Regular
Nov 06, 2014

JOHN DELVA vs. ANDREW INTERNATIONAL aka ADVANCED TECH SECURITY, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding industrial injury to the applicant's right ankle. This decision followed the defendant's petition for reconsideration, arguing against the ankle injury finding. The WCAB gave significant weight to the Agreed Medical Evaluator's (AME) final opinion, which, after further review and deposition, concluded the applicant did not sustain an industrial injury to his ankle. Consequently, the WCAB found no industrial injury to any body part and awarded nothing to the applicant.

WORKERS' COMPENSATION APPEALS BOARDINDUSTRIAL INJURYRIGHT ANKLEAGREED MEDICAL EVALUATORCONTINUOUS TRAUMASPECIFIC TRAUMARECONSIDERATIONFINDINGS AND AWARDWCJSUPPLEMENTAL REPORT
References
0
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