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

Case No. 534402
Regular Panel Decision
Dec 15, 2022

Matter of Oberg v. Consolidated Edison Co. of N.Y., Inc.

Claimant Donald Oberg sustained neck injuries in a work-related motor vehicle accident in August 2020 and sought to amend his claim to include bilateral shoulder injuries. His treating orthopedist, Joseph Giovinazzo, opined that the shoulder injuries were causally related. However, independent medical examiner Vito Loguidice concluded that the shoulder injuries were not causally related, a finding supported by surveillance video of the accident. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Workers' Compensation Board subsequently rescinded this amendment, crediting Loguidice's opinion. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the Board's determination to disallow the amendment of Oberg's claim for bilateral shoulder injuries.

Workers' Compensation LawCausal RelationshipBilateral Shoulder InjuriesCervical RadiculopathyIndependent Medical ExaminationTreating Physician OpinionConflicting Medical EvidenceSubstantial EvidenceAppellate ReviewWorkers' Compensation Board Discretion
References
5
Case No. ADJ3304517 (VNO 0558755), ADJ8042777
Regular
Sep 17, 2012

STEPHEN McLAUGHLIN vs. AMERICAN INTERNATIONAL GROUP, CHARTIS

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award that found the applicant's right shoulder injury to be a separate industrial injury. The Board determined the shoulder injury was a "compensable consequence" of the applicant's original bilateral hand and wrist injury, occurring while receiving treatment. Therefore, the applicant is not entitled to an additional 104 weeks of temporary disability beyond the statutory limit for the initial injury. The applicant takes nothing by way of his claim for the right shoulder injury as a separate event.

Compensable consequenceCumulative traumaBilateral handsCarpal tunnel syndromeRight shoulder injuryTemporary disabilitySection 4656(c)(1)Petition for reconsiderationFindings and awardWorkers' compensation administrative law judge
References
10
Case No. ADJ8361032
Regular
Sep 04, 2019

CAROL WORKMAN vs. ST. THERESA/ST. JOSEPH SCHOOL

This case concerns Carol Workman's claim for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) due to bilateral shoulder injuries. The Workers' Compensation Appeals Board (WCAB) overturned a prior decision and found Workman entitled to SIBTF benefits. This was based on evidence showing her current work-related shoulder injuries, when combined with prior non-industrial and industrial shoulder issues, met the statutory threshold for SIBTF eligibility. The Board found that the cumulative injury to her shoulders resulted in at least 5% permanent disability before adjustments, satisfying the requirement for SIBTF benefits.

SIBTFSubsequent Injuries Benefits Trust Fundwhole person impairmentcumulative traumaacromegalybilateral shouldersrange of motionmotor deficitapportionmentdiminished future earning capacity
References
17
Case No. 534402
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Donald Oberg

Donald Oberg, an automobile mechanic, appealed a Workers' Compensation Board decision denying his request to amend his claim to include bilateral shoulder injuries. Oberg had an established claim for neck injuries from an August 2020 work-related motor vehicle accident. Conflicting medical opinions arose regarding the causal relationship of his bilateral shoulder injuries, with his treating orthopedist, Joseph Giovinazzo, opining they were causally related, and independent medical examiner Vito Loguidice concluding they were not. A Workers' Compensation Law Judge initially credited Giovinazzo and amended the claim, but the Board rescinded this, crediting Loguidice's opinion based on medical evidence and accident video. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's determination to disallow the amendment.

Workers' CompensationShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DecisionConflicting Medical OpinionsMotor Vehicle Accident
References
5
Case No. MISSING
Regular Panel Decision
Jan 24, 2005

Claim of Jones v. New York State Department of Correction

The claimant, a bus driver for the New York City Department of Correction, sustained work-related injuries to her right shoulder and back in September 1998. After surgery in 1999, she sought treatment in 2001 for left shoulder pain, alleging it was a consequential injury from favoring her right shoulder. While a Workers’ Compensation Law Judge initially found a causally related consequential injury, the Workers’ Compensation Board reversed this decision. The Appellate Division affirmed the Board's decision, emphasizing the Board's authority to make its own factual findings and resolve conflicting medical evidence. The Board found the self-insured employer’s medical consultant more credible than the claimant’s physician, and its decision was supported by substantial evidence.

Workers' Compensation Board DecisionAppellate DivisionCausal RelationshipConsequential InjuryCredibility of WitnessesConflicting Medical EvidenceShoulder InjuriesBus DriverNew York City Department of CorrectionAffirmed Decision
References
3
Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
4
Case No. ADJ8434148
Regular
Apr 27, 2015

RUTH RITZ vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending the original award. The Board found that the applicant sustained industrial injuries to her psyche and bilateral shoulders, in addition to the back injury previously acknowledged. This amendment corrected the administrative law judge's initial error in excluding the psyche and shoulder injuries. The Board adopted the judge's reasoning and also included a finding of $0\%$ impairment for the psychiatric injury.

Petition for ReconsiderationFindings and AwardWCJindustrial injurypsycheshouldersstipulation0% impairmentbilateral shouldersCounty of Riverside
References
1
Case No. ADJ 924444 (LAO 0841815) ADJ 7065158
Regular
May 09, 2018

CESAR ESPINOZA vs. FLOWSERVE CORPORATION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a joint award of 100% permanent disability for an applicant who sustained a specific injury to his right shoulder, left knee, and back, and a cumulative trauma injury to his bilateral shoulders, knees, back, and right knee. The Board found the applicant's industrial injuries were "inextricably intertwined," justifying an unapportioned award as per *Benson*. Furthermore, the Board relied on the vocational expert's opinion that the applicant was unable to find and sustain gainful employment due to his injuries, without considering non-industrial factors. The defendant's arguments regarding erroneous permanent total disability findings and the need for separate apportionment were rejected.

ApportionmentInextricably IntertwinedCumulative TraumaSpecific InjuryPermanent Total DisabilityAgreed Medical Examiner (AME)Vocational ExpertJoint AwardBenson v. WCABDiminished Future Earning Capacity
References
4
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. LBO 0324506
Regular
Dec 21, 2007

MICHELLE B. COSTA vs. KERLAN-JOBE ORTHOPEDIC CLINIC, MID CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury to the applicant's bilateral shoulders. The Board found insufficient evidence to support the injury claim during the specified employment period, noting discrepancies in the applicant's work dates and duties. The case is remanded to the trial level for further proceedings and a new decision on the shoulder injury issue.

Workers' Compensation Appeals BoardIndustrial InjuryBilateral ShouldersSurgery SchedulerCumulative TraumaQualified Medical EvaluatorApportionmentFindings of FactPetition for ReconsiderationReport and Recommendation
References
1
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