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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

Matter of Scuderi v. Mazzco Enterprises

Claimant, a union carpenter, filed a workers' compensation claim in 2010 for bilateral carpal tunnel syndrome, which was deemed an occupational disease with a disability onset of June 25, 2010. The workers’ compensation carrier for his last employer, Mazzco Enterprises, sought to apportion liability among claimant’s previous employers, including JD Consulting LLC. The Workers’ Compensation Board ultimately determined the disease was contracted on August 14, 1998, and assigned 45% of the liability to JD Consulting and its carrier. JD Consulting and its carrier appealed, contending that the Board's selection of the contraction date lacked substantial evidentiary support, as the claimant could not recall the onset of symptoms and his treating physician provided no definitive opinion on the matter. The Appellate Division concurred, reversing the Board's decision and remitting the case for further proceedings due to the insufficient evidence supporting the chosen date of contraction.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeApportionment of LiabilityEmployer LiabilitySubstantial EvidenceAppellate ReviewReversalRemittalNew York Law
References
8
Case No. MISSING
Regular Panel Decision
Oct 04, 2006

Claim of McKenzie v. UJA-FED

Claimant, employed in data entry, developed bilateral carpal tunnel syndrome and sought workers' compensation benefits. The Workers' Compensation Law Judge initially dismissed the claim, but the Workers' Compensation Board reversed, finding the condition to be an occupational disease causally related to employment, based on agreement between the treating physician and an independent medical examiner, and the carrier's failure to request cross-examination. The carrier appealed, arguing the Board erred in its finding regarding cross-examination and mischaracterized medical evidence. The appellate court affirmed the Board's decision, ruling that the carrier waived its right to cross-examination by not making a timely request and finding no basis to disturb the Board's assessment of the medical evidence.

Occupational DiseaseCarpal Tunnel SyndromeWorkers' CompensationMedical EvidenceCross-Examination WaiverAppellate ReviewCausationEmployment-Related InjuryMedical Expert TestimonyBoard Decision Appeal
References
6
Case No. CV-24-1279
Regular Panel Decision
Dec 11, 2025

In the Matter of the Claim of Michael Howard

Claimant Michael Howard appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral carpal tunnel syndrome. Howard sustained multiple injuries in a 2018 assault, and his claim was later amended for various conditions. His treating physician, Ranga Krishna, diagnosed bilateral carpal tunnel syndrome in 2021, linking it to the 2018 accident. However, the carrier's consultant found a bilateral wrist sprain but no causally related carpal tunnel syndrome after examinations in 2021 and 2023, citing a lack of corroborative clinical findings despite EMG results. Both the Workers' Compensation Law Judge and the Board credited the carrier's consultant, denying the amendment due to insufficient credible evidence of causation. The Appellate Division affirmed the Board's decision, deferring to its factual determinations and assessments of medical witness credibility, which were supported by substantial evidence.

Carpal Tunnel SyndromeCausation DisputeMedical Opinion ConflictCredibility of Medical WitnessesSubstantial Evidence ReviewWorkers' Compensation Board AffirmanceClaim Amendment DenialBilateral Wrist InjuryElectromyography FindingsAppellant Burden of Proof
References
8
Case No. 2019 NY Slip Op 06836
Regular Panel Decision
Sep 26, 2019

Matter of Christensen-Mavrigiannakis v. Nomura Sec. Intl., Inc.

Claimant Deborah Christensen-Mavrigiannakis sustained a workplace injury from a fall, initially establishing claims for neck and back injuries. The Workers' Compensation Board (WCB) later amended the claim to include a left shoulder injury and subsequently bilateral carpal tunnel syndrome and right cubital tunnel syndrome, along with awards at a temporary total disability rate. On appeal, the Appellate Division affirmed the WCB's decision regarding the left shoulder injury, citing substantial evidence based on the treating physician's testimony. However, the court reversed the WCB's amendment for the carpal tunnel and cubital tunnel syndromes, finding the medical opinion supporting causal relationship irrational. The Appellate Division upheld the WCB's finding of total disability and associated awards, acknowledging the Board's authority to modify prior decisions.

Workers' CompensationCausal RelationshipMedical EvidenceLeft Shoulder InjuryCarpal Tunnel SyndromeCubital Tunnel SyndromeIndependent Medical Examination (IME)Workers' Compensation Board (WCB)Appellate ReviewSubstantial Evidence
References
12
Case No. MISSING
Regular Panel Decision

Claim of Bongiorno v. City of New York

The claimant suffered accidental back and neck injuries in 1986, subsequently filing a workers' compensation claim. During litigation, an EMG in November 1987 revealed bilateral carpal tunnel syndrome, but a Workers' Compensation Law Judge found no causal relationship to the 1986 accident. In January 1992, a new physician, Dr. Richard Radna, diagnosed the carpal tunnel syndrome as occupational in nature, leading the claimant to file a separate occupational disease claim in April 1992. The employer controverted the claim, arguing it was time-barred under Workers' Compensation Law § 28, a defense upheld by the Workers' Compensation Board. However, the appellate court reversed this decision, ruling that the claim was timely because the claimant became aware of the occupational nature of the disease in January 1992, not when the syndrome was initially diagnosed in 1987.

Occupational DiseaseCarpal Tunnel SyndromeStatute of LimitationsTimeliness of ClaimNotice of Occupational DiseaseCausal RelationshipEMG TestPhysician's DiagnosisWorkers' Compensation Appeal
References
1
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
6
Case No. ADJ9582137
Regular
Sep 20, 2016

SHERYL FEVOLD MILTON vs. COUNTY OF TULARE

This case involves a worker injured in an industrial accident, sustaining shoulder injuries and bilateral carpal tunnel syndrome. The defendant employer sought to delay mandated home modifications until post-surgery recovery, arguing they weren't medically necessary. However, the court found that the modifications were primarily necessitated by the shoulder injuries, not the carpal tunnel syndrome. Medical experts and an occupational therapist confirmed the need for these modifications to enable the applicant's return to independent living and work. Therefore, the defendant's petition for reconsideration was denied, upholding the order for home modifications.

home modificationspermanent and stationarycarpal tunnel release surgerybilateral shouldersrotator cuff tearT-12 paraplegicoccupational therapistcertified aging-in-place specialistskilled nursing facilityindependent living
References
0
Case No. MISSING
Regular Panel Decision

Claim of Torres v. Kaufman's Bakery

A claimant, a machine operator and supervisor, developed bilateral carpal tunnel syndrome and flexor tenosynovitis, and separately, a back injury. His claim for workers’ compensation benefits for the carpal tunnel syndrome was established, and he was classified with a permanent partial disability. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, arguing the 2004 back injury constituted a preexisting permanent impairment hindering job potential. The Workers’ Compensation Board granted the application for reimbursement, leading the Fund to appeal this decision. The appellate court found substantial evidence to support the Board's determination that the claimant's back injury was indeed a preexisting permanent physical impairment which was likely to hinder employment, thus upholding the Board's decision.

Workers' CompensationSpecial Disability FundReimbursement ClaimPermanent Partial DisabilityPreexisting Permanent ImpairmentCarpal Tunnel SyndromeBack InjuryHindrance to EmploymentMaterially and Substantially Greater DisabilityAppellate Review
References
7
Case No. CV-22-1999
Regular Panel Decision
Mar 21, 2024

In the Matter of the Claim of Dennis Schuette

Claimant Dennis Schuette appealed a Workers' Compensation Board decision which ruled he was not entitled to a schedule loss of use (SLU) award for a right wrist injury. The Board affirmed the Workers' Compensation Law Judge's finding that medical permanency opinions from orthopedic surgeons Serge Menkin and Vito Loguidice, both suggesting a 73⅓% SLU, were not credible. This was due to the claimant's failure to disclose his bilateral carpal tunnel syndrome diagnosis, testing, and treatment during their examinations. The Board concluded that Maximum Medical Improvement (MMI) was not clearly established, making any SLU determination premature, and that the relationship between the carpal tunnel syndrome and the 2019 wrist injury remained unclear. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Schedule Loss of UseMaximum Medical ImprovementCarpal Tunnel SyndromeIndependent Medical ExaminationCredibility of Medical TestimonyWorkers' Compensation Board DecisionAppellate DivisionRight Wrist InjuryOccupational Disease ClaimUndisclosed Medical Information
References
5
Case No. MISSING
Regular Panel Decision

Claim of Hicks v. Hudson Valley Community College

A claimant, a data analyst coordinator, sought workers' compensation benefits for bilateral carpal tunnel syndrome, alleging it was caused by keyboarding duties. A Workers’ Compensation Law Judge (WCLJ) found prima facie medical evidence and established occupational disease, notice, and causal relationship, precluding the carrier's medical expert's deposition due to untimely filing. The Workers’ Compensation Board affirmed this decision. On appeal, the employer and carrier contended the preclusion was an abuse of discretion and the claim establishment lacked substantial evidence. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in precluding the evidence due to dilatory filing and that the Board's determination of carpal tunnel syndrome was supported by substantial evidence, despite conflicting medical opinions, which the Board has the prerogative to resolve.

Carpal Tunnel SyndromeOccupational DiseaseWorkers' Compensation BenefitsMedical EvidenceDeposition PreclusionSubstantial EvidenceAppellate ReviewAbuse of DiscretionWaiver of RightsData Entry
References
4
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