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

Case No. ADJ7483972, ADJ7483952
Regular
Nov 08, 2012

ROY HAAS vs. CITY OF SANTA ROSA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case involves a workers' compensation applicant, Roy Haas, who sustained injuries to his left elbow and bilateral shoulders. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to increase Haas's permanent disability ratings. The WCAB adopted the WCJ's recommendation to rate impairments based on the highest applicable factor, citing that Dr. Suchard's report did not adequately explain combining strength and range of motion impairments for the elbow, and that strength deficits should not be rated where objective anatomic findings like loss of motion are present and prioritized by the AMA Guides. Consequently, Haas's permanent disability for the left elbow was increased to 25%, and for his shoulders to 31%.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsPermanent Disability RatingAgreed Medical ExaminerAMA GuidesRange of MotionLoss of StrengthOccupational CodeLabor Code Sections
References
2
Case No. ADJ529322 (RDG 0128527)
Regular
Jun 23, 2015

ROBERT DEAN vs. GLEN PYE VENDING CO., PENNSYLVANIA MANUFACTURERS' INSURANCE COMPANY, VIRGINIA SURETY

The Workers' Compensation Appeals Board granted reconsideration to address disputes over permanent disability ratings. The Board found the WCJ erred regarding bilateral shoulder impairment ratings and the calculation of permanent disability, necessitating further proceedings. Apportionment of permanent disability, previously excluded, is now to be considered by the WCJ. The issues of permanent disability, life pension, and attorney's fees are deferred pending further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability RatingAgreed Medical EvaluatorAMA GuidesGuzman AnalysisApportionmentLabor Code Section 4659Life PensionWhole Person Impairment
References
7
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. LBO 0370773, LBO 0377679, LBO 0377749
Regular
Oct 10, 2007

LULIO ARAUJO vs. THE QUEEN MARY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained injuries to his right shoulder, left shoulder, and bilateral shoulders, resulting in a 23% permanent disability rating. The WCAB denied the applicant's petition for reconsideration, upholding the WCJ's decision to rate the permanent disability under the 2005 Schedule instead of the 1997 Schedule. This decision aligns with the appellate court's interpretation in *Vera v. Workers' Comp. Appeals Bd.* regarding when a report indicates permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaintenance WorkerIndustrial InjuryRight ShoulderLeft ShoulderBilateral ShouldersCumulative InjuryPermanent Disability
References
1
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. MISSING
Regular Panel Decision

the Claim of Brigandi v. Town & Country Linoleum & Carpet

This case involves an appeal by an employer and its compensation carrier against decisions made by the Workers’ Compensation Board. The decedent, a carpet layer, died from cardiac arrest during work, with an autopsy revealing underlying coronary atherosclerotic disease. His widow was awarded death benefits. The employer’s carrier sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 15 (8), asserting a preexisting permanent physical impairment. However, the Board determined that there was no evidence that the decedent’s heart condition hindered his job potential before his death, thus releasing the Special Disability Fund from liability and holding the compensation carrier responsible. The employer's subsequent application for reconsideration was denied by the Board, leading to these appeals. The appellate court affirmed the Board's decisions, concluding that the Board rationally found no proof that the decedent's heart disease impaired his job potential, a necessary condition for reimbursement under WCL § 15 (8) (d).

Special Disability FundPreexisting Permanent ImpairmentCardiac ArrestCoronary Atherosclerotic DiseaseDeath Benefits ClaimEmployer ReimbursementCarrier LiabilityBoard Decision ReviewAppellate AffirmationMedical Evidence Interpretation
References
2
Case No. SBR 0283205, SBR 0267402
Regular
Dec 11, 2007

PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

Workers' Compensation Appeals BoardLockheed Martin Aircraft ServicesPermissibly Self-InsuredESISTravelers InsurancePhillip F. GarciaFurther Supplemental Findings and AwardTotally Permanently Disabled1995 injury1998 injury
References
1
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. 528952
Regular Panel Decision
Feb 27, 2020

Matter of Saputo v. Newsday, LLC

Claimant John Saputo suffered work-related neck and shoulder injuries in 2016, leading to a workers' compensation claim. Initially, a Workers' Compensation Law Judge awarded him a schedule loss of use for his arms, finding no permanent neck impairment, but the Workers' Compensation Board later rescinded this award due to a possible residual neck impairment and remitted for further development of the record. On appeal, the Appellate Division modified the Board's decision, clarifying that a claimant can receive a schedule loss of use award for schedule injuries even if they also have a nonschedule permanent partial disability classification, provided they returned to work at pre-injury wages and receive no award for the nonschedule injury. However, the Court affirmed the Board's finding of substantial evidence for the claimant's residual cervical spine impairment of an unknown severity. The matter was ultimately remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's decision.

Workers' Compensation LawSchedule Loss of Use (SLU)Permanent Partial DisabilityCervical Spine InjuryShoulder InjuryMaximum Medical Improvement (MMI)Wage-Earning CapacityMedical Expert TestimonyAppellate ReviewRemittal
References
6
Case No. ADJ6630817
Regular
Dec 27, 2010

NADINE WHITEEAGLE vs. CENTRAL RECRIGERATOR SERVICES, GREAT WEST CASUALTY

This case concerns an applicant's shoulder injury resulting in 12% permanent disability. The defendant argued the Permanent Medical Evaluator (PQME) found 0% impairment and objected to the rater's consideration of surgery. However, the Appeals Board affirmed the WCJ's decision, finding the rating instruction was properly based on substantial medical evidence from the PQME's report, which included the applicant's shoulder surgery. The Board also noted the defendant's objection to the rating was untimely.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderPermanent DisabilityPanel Qualified Medical Evaluator (PQME)Whole Person Impairment (WPI)AMA Guides to the Evaluation of Permanent ImpairmentDistal Clavicle ResectionRater InstructionsDEU Rater
References
1
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