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

Case No. ADJ10737420, ADJ11230735
Regular
May 28, 2019

METHVEN BROWN (Deceased), JANINE BROWN (Widow) vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, SACRAMENTO COUNTY PROBATION DEPARTMENT

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no industrial injury to the decedent's heart or cerebrovascular system. The widow argued the administrative law judge erred by disallowing further discovery from a cardiologist. However, the Board adopted the judge's report, which noted a neurologist already testified that heart trouble and industrial stress were not medically probable causes of the decedent's stroke and death. The applicants failed to demonstrate why a cardiologist would be more competent to offer such opinions.

Methven BrownJanine BrownCounty of SacramentoSacramento County Probation DepartmentADJ10737420ADJ11230735Petition for ReconsiderationJoint Findings and Orderindustrial injuryheart injury
References
0
Case No. ADJ8674800 ADJ8674808 ADJ8674815
Regular
Jul 10, 2015

SHIMO WANG vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board rescinded the prior finding that applicant did not suffer a heart injury arising out of and in the course of employment. The Board found the cardiologist's report insubstantial and remanded for further proceedings to develop the record on industrial causation. It clarified that the "good faith personnel action" defense applies to psychiatric injuries, not directly to physical injuries like heart conditions, unless the physical injury is a direct and sole consequence of a non-compensable psychiatric injury.

Workers' Compensation Appeals BoardShimo WangSouthern California EdisonAOE/COEheart attackcoronary syndromesQME cardiologistQME psychiatristadjustment disordergood faith personnel action
References
6
Case No. MISSING
Regular Panel Decision

Claim of Parish v. Rolex Plastics, Inc.

This is an appeal from a Workers’ Compensation Board decision filed on February 24, 1981. The claimant experienced chest pains and suffered a myocardial infarction while working. The Board concluded that the infarction resulted from an underlying heart disease and was not an accidental injury arising from employment. On appeal, the claimant contended a lack of substantial evidence and the employer's failure to timely file a notice of controversy. The appellate court affirmed the Board's decision, finding substantial evidence based on an impartial cardiologist's testimony and noting that the timeliness issue was not raised before the Board.

Workers' Compensation AppealMyocardial InfarctionUnderlying Heart DiseaseAccidental InjuryCausal RelationshipSubstantial EvidenceMedical OpinionConflicting Medical TestimonyNotice of ControversyWCL Section 25
References
4
Case No. MISSING
Regular Panel Decision
May 28, 1980

Fitch v. Jake Nussbaum Auto Parts, Inc.

On November 11, 1976, the claimant, an auto parts deliveryman, experienced chest pains and suffered a myocardial infarction while performing his duties. Initially, a Workers’ Compensation Law Judge allowed the compensation claim. However, the Workers’ Compensation Board, after considering conflicting medical opinions including an impartial cardiologist, disallowed the claim. The Board's decision was based on substantial evidence indicating no causal relationship between the claimant's work and the infarction. The Appellate Division affirmed the Board's disallowance, noting that prior cases did not mandate a finding of compensability.

Myocardial InfarctionCausal RelationshipConflicting Medical OpinionSubstantial Evidence ReviewBoard DisallowanceAppellate AffirmanceCardiac EventWork-Related StressClaimant's Burden of ProofMedical Expert Testimony
References
3
Case No. MISSING
Regular Panel Decision
Feb 05, 2015

Matter of Rasiej v. Syska Hennesy Group Inc.

The claimant sought workers' compensation death benefits for her husband, who died of sudden cardiac arrest in his hotel room while on a business trip. The Workers’ Compensation Board denied the claim, ruling that the death did not arise out of and in the course of his employment. The court affirmed this decision on appeal. It found that while a presumption of compensability exists for unwitnessed deaths during employment, the employer's cardiologist provided sufficient evidence to rebut this by attributing the death to a pre-existing condition (coronary arteriosclerosis with smoking and hypertension as contributing factors). The claimant failed to present any contradictory medical evidence.

Workers' CompensationDeath BenefitsCardiac ArrestPre-existing ConditionCausationMedical EvidencePresumption of CompensabilityBusiness TripCoronary ArteriosclerosisHypertension
References
6
Case No. MISSING
Regular Panel Decision

Costantino v. Costantino

The husband appealed a court order awarding the wife permanent maintenance, arguing it was unwarranted given the equitable distribution she received. The appellate court disagreed, affirming the trial court's decision. The court considered the wife's age (51 at trial in 1994), her 29-year marriage during which she primarily cared for children and home, and her limited employment history, making it unlikely for her to become self-supporting at a comparable standard of living. The husband, a cardiologist, did not dispute his ability to pay, with the court noting available remedies should his financial situation change upon retirement.

Permanent MaintenanceSpousal SupportEquitable DistributionDiscretion of Trial CourtMarital Standard of LivingWife's Earning CapacityHusband's Financial AbilityDivorce LawAppellate ReviewDomestic Relations Law
References
5
Case No. MISSING
Regular Panel Decision

Claim of Gallo v. Village of Bronxville Police Department

Claimant, a police sergeant, filed for workers' compensation benefits after suffering a myocardial infarction on December 18, 2008. He experienced symptoms after exercising and ascending stairs at work, leading to a diagnosis of myocardial infarction. The Workers’ Compensation Board ruled that the infarction was caused by the stair climbing and arose out of his employment. The employer and its workers’ compensation carrier appealed this decision. The court affirmed the Board's ruling, citing substantial medical evidence from two cardiologists who opined that the work-related stair climbing precipitated the myocardial infarction, even with a preexisting coronary artery disease.

myocardial infarctionwork-related injuryworkers' compensationaccidental injurymedical causationpreexisting conditionstair climbingpolice sergeantappealBoard decision
References
8
Case No. 527514
Regular Panel Decision
Nov 12, 2020

Matter of Rossi v. Albert Pearlman Inc.

Claimant Nicholas Rossi appealed two decisions of the Workers' Compensation Board. The Board initially ruled that Rossi's myocardial infarction was not causally related to his work activities as a painter and denied his claim for workers' compensation benefits. Subsequently, the Board denied Rossi's application for reconsideration. The Appellate Division, Third Department, affirmed both decisions, finding that substantial evidence supported the Board's determination. The court emphasized the Board's discretion in assessing the credibility of medical witnesses and its resolution of causation issues, crediting the opinion of a cardiologist who found no causal link between the infarction and work.

Myocardial Infarction ClaimCausation DisputeMedical Expert OpinionIndependent Medical ExaminationBoard Decision AffirmationAppellate ReviewCredibility of Medical WitnessesSubstantial Evidence StandardOccupational InjuryCardiovascular Disease
References
11
Case No. MISSING
Regular Panel Decision
Jan 27, 2012

Claim of Boaro v. Kings Park Psychiatric Center

The claimant's husband suffered two work-related heart attacks in 1982 and 1986, leading to permanent total disability. He died in October 2010 at age 77. The claimant filed for workers' compensation death benefits, which the employer and carrier controverted. The Workers' Compensation Board disallowed the claim, finding no causal relationship between his death and employment. On appeal, the decision was affirmed, as the Board's resolution of conflicting medical opinions was supported by substantial evidence, specifically the testimony of a cardiologist who found no correlation between the heart attacks and death, attributing death to atherosclerosis exacerbated by smoking and hypertension.

References
3
Case No. MISSING
Regular Panel Decision

Matter of Hartigan v. Albany County Sheriff's Department

The claimant, a correction officer, suffered a myocardial infarction and sought workers' compensation benefits. A Workers' Compensation Law Judge found a work-related injury, a decision upheld by the Workers' Compensation Board. The employer appealed, arguing the Board's finding of causal relationship was not supported by substantial evidence. The Appellate Division found that the claimant's treating cardiologist's testimony, which merely expressed the *possibility* of a causal link between work activities and the myocardial infarction, was insufficient medical proof. Consequently, the Board's determination lacked a rational basis, leading the court to reverse the Board's decision and remit the matter for further proceedings.

Workers' CompensationMyocardial InfarctionCausal RelationshipMedical EvidenceExpert TestimonyAppealBoard DecisionReversalRemittalSubstantial Evidence
References
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