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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 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. ADJ8499678
Regular
Feb 12, 2018

TAMMY PENA RODRIGUEZ vs. VALERO, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original award, primarily allowing applicant's vocational expert report (Exhibit Z) into evidence. The Board found substantial evidence supported the finding of cumulative trauma injury to applicant's bilateral hands and feet, and upheld the May 28, 2014 permanent and stationary date, despite applicant's credibility issues. The Board also affirmed the award of attorney's fees under Labor Code section 5710 and reimbursement for the vocational report's costs, finding them reasonable and supported by the evidence.

Cumulative Trauma InjuryBilateral HandsBilateral FeetTemporary Total DisabilityPermanent DisabilityVocational ReportLabor Code Section 5710Petition for ReconsiderationAgreed Medical Evaluator (AME)Sub Rosa Surveillance
References
9
Case No. ADJ14099837; ADJ18327322
Regular
Aug 21, 2025

ROBERT SCHLIESMANN vs. SOLAR OPTIMUM DESIGN AND ELECTRICAL, STATE COMPENSATION INSURANCE FUND

The applicant, Robert Schliesmann, sustained an injury to his lumbar spine, lower extremities, left leg, and bilateral feet while employed as a solar tech. The case was initially dismissed due to the applicant's perceived inaction. However, the Workers' Compensation Administrative Law Judge (WCJ) vacated the dismissal, finding that the defendant failed to comply with the Qualified Medical Evaluator's (QME) requests for diagnostic testing and documents, thereby impeding the QME process. The Appeals Board affirmed this decision, emphasizing the constitutional mandate for substantial justice and the defendant's duty to conduct a reasonable and timely investigation of claims.

PQMEAdjudication NumbersFindings and OrdersPetition for ReconsiderationReport and RecommendationLabor Code Section 5803Good CauseOrder of DismissalPetition to ReopenRescind
References
5
Case No. MISSING
Regular Panel Decision

Claim of Lenz v. Fort Miller Co.

Claimant applied for employment at Fort Miller Company and, on a medical questionnaire, denied having 'numbness hands, feet' despite experiencing prior transient symptoms. After starting a job requiring repetitive wrist use, he was diagnosed with moderately severe, bilateral carpal tunnel syndrome and filed a workers' compensation claim. Fort Miller Company controverted the claim, arguing it was barred by Workers’ Compensation Law §43 due to alleged false representation of medical history, citing the claimant's prior statements to doctors and a health assessment. However, the claimant maintained he was unaware of carpal tunnel syndrome until his diagnosis in October 1990 and believed the questionnaire referred to a continuous condition. The Workers’ Compensation Board concluded that Workers’ Compensation Law §43 applies to diseases, not symptoms, and found no evidence that the claimant willfully misrepresented his condition, as he was unaware of his true medical condition when completing the questionnaire. This decision was affirmed.

Misrepresentation of healthCarpal Tunnel SyndromeMedical history disclosureWorkers' Compensation Law § 43Employment questionnaireBilateral carpal tunnelWillful misrepresentationPrior medical conditionDisability claimAppellate review
References
3
Case No. ADJ12582828
Regular
Jan 03, 2023

TERRY KELLY vs. SAFEWAY

This case involves a workers' compensation claim where the defendant sought reconsideration of an award finding injury AOE/COE to multiple body parts. The primary dispute centers on the applicant's occupational group number, with the applicant claiming "butcher" (420) and the defendant arguing "meat cutter" (322), impacting permanent disability ratings. The Board granted reconsideration, finding insufficient evidence to determine the occupational group number and therefore deferring permanent disability for all affected body parts pending further development of the record. The finding of injury AOE/COE to the applicant's cervical spine, thoracic spine, lumbar spine, bilateral knees, bilateral elbows, and bilateral wrists was upheld.

Occupational Group NumberMeat CutterButcherCumulative TraumaPermanent DisabilityQualified Medical EvaluatorSubstantial EvidenceFurther DevelopmentBody PartsWPI Ratings
References
11
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. ADJ3588744 (AHM 0136596) ADJ3710110 (AHM 0136597) ADJ4588636 (AHM 0136598) ADJ4051109 (LBO 0340086)
Regular
Sep 23, 2019

JOSE VASQUEZ vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's bilateral elbow cumulative trauma injury claim. While the applicant argued the initial award significantly understated his permanent disability, the Board affirmed the original decision, adopting the WCJ's reasoning. The Board deferred the issue of bilateral elbow injury, allowing parties to further resolve it, and corrected a typographical error in the award.

cumulative traumapermanent disabilitymultiple disabilities tablevocational evidencerecord developmentbilateral elbowsstipulationtypographical errorbody partdefer issue
References
1
Case No. ADJ6750243
Regular
Aug 10, 2012

ROLANDO FIGUEREDO vs. COMET ELECTRIC, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to the applicant's feet. The Board found the defendant's petition for reconsideration was timely due to defective service of the original order. Ultimately, the Board concluded there was insufficient medical evidence to establish industrial injury to the applicant's feet. The prior finding of injury to the applicant's left thumb was otherwise affirmed.

Workers' Compensation Appeals BoardRoland FigueredoComet ElectricTravelersFindings and OrderReconsiderationIndustrial InjuryLeft ThumbBilateral FeetElectrician
References
0
Case No. ADJ9387309
Regular
Oct 20, 2020

ENEDINA GONZALEZ vs. VEOLIA TRANSPORTATION, INC., OLD REPUBLIC INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that denied the applicant's claim for bilateral knee injury. The Board found that the medical evidence regarding the applicant's knee injury was not substantial and required further development. Specifically, the Board deferred the issue of injury AOE/COE to the bilateral knees and returned the matter to the WCJ for further proceedings. This action allows for the re-evaluation of the knee injury claim, considering potential contributions from post-injury weight gain.

Workers Compensation Appeals BoardVeolia TransportationAgreed Medical ExaminerQualified Medical ExaminerPetition for ReconsiderationFindings Award and OrderArising Out of and Occurring in the Course of EmploymentBilateral KneesCumulative InjurySpecific Injury
References
1
Case No. POM 0244323, POM 0260214
Regular
Jan 14, 2008

BERTHA KOCIAN vs. CLOUGHERTY PACKING dba FARMER JOHN

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the date of injury for applicant's bilateral hand and right knee cumulative trauma claim, changing it to 1980-March 22, 2001. The Board affirmed the original decision denying apportionment of permanent disability to pre-existing conditions, finding defendant failed to provide substantial medical evidence to support their claim. Applicant sustained industrial injury to her bilateral hands and right knee, resulting in 67 percent permanent disability.

KocianClougherty PackingFarmer JohnPOM 0244323POM 0260214Petition for ReconsiderationFindings and Awardssausage stufferindustrial injuryright knee
References
0
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