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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. MISSING
Regular Panel Decision
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
Case No. ADJ1812869 (SAC 0356491)
Regular
Nov 10, 2010

DIVINA EMANO vs. UC DAVIS MEDICAL CENTER; Permissibly Self-Insured, Adjusted by SEDGWICK, CMS

This case involves applicant Divina Emano claiming a left carpal tunnel injury against UC Davis Medical Center. The Workers' Compensation Appeals Board granted reconsideration and amended the previous decision. Specifically, Finding of Fact No. 8 was modified to clarify that while no further treatment is needed for the left carpal tunnel injury, other industrial injuries will require reasonable and necessary medical treatment. The Board expressed surprise at the defendant's contention regarding the carpal tunnel injury, noting their prior stipulation and a relevant physician's report.

WORKERS' COMPENSATION APPEALS BOARDDIVINA EMANOUC DAVIS MEDICAL CENTERSEDGWICK CMSOPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONleft carpal tunnel injuryindustrial injuriesWCJ report
References
0
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
Case No. 535283
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Racheal Brown

Claimant Racheal L. Brown, a phlebotomist, appealed two decisions by the Workers' Compensation Board. Initially, her claim for right wrist tendonitis was established as an occupational disease, but right carpal tunnel syndrome was disallowed. Claimant later sought to amend her claim to include consequential right carpal tunnel syndrome after surgery, which the WCLJ initially allowed but the Board subsequently disallowed. The Board also deemed her rebuttal application deficient. This appellate court affirmed the Board's decision, finding no abuse of discretion in rejecting the rebuttal for incompleteness and concluding that substantial evidence supported the Board's denial of the consequential carpal tunnel syndrome claim, as claimant failed to establish a causal connection by competent medical evidence. The court also affirmed the Board's modification of the degree of disability to mild, based on established conditions.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeRight Wrist TendonitisCausal RelationshipAppellate ReviewBoard DecisionsDisability RateMedical EvidenceAdministrative Review
References
7
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
Nov 25, 2013

Janes v. Triborough Bridge & Tunnel Authority

Plaintiffs Riva Janes, Bruce Schwartz, Bette Goldstein, and Hillel Abraham filed a class action against the Triborough Bridge and Tunnel Authority (TBTA), Metropolitan Transportation Authority (MTA), and their chairmen. They alleged that differential toll policies on New York City bridges, which provide discounts only to residents of specific areas, violate the Commerce Clause, Privileges and Immunities Clause, and Equal Protection Clause of the U.S. Constitution, as well as New York State law. The court, relying on prior Selevan decisions, determined that the toll policies were merely minor restrictions on travel and did not warrant strict scrutiny. Applying the three-factor Northwest Airlines test, the court concluded that the tolls were a fair approximation of use, not excessive relative to the benefits conferred on the integrated transit system, and did not discriminate against interstate commerce. Ultimately, the court granted the defendants' motion for summary judgment, dismissing all federal and state law claims.

Toll PoliciesDifferential TollsDormant Commerce ClauseRight to TravelEqual ProtectionSummary JudgmentConstitutional LawNew York City TransitVerrazano-Narrows BridgeCross Bay Veterans Memorial Bridge
References
52
Case No. ADJ2283259
Regular
Sep 19, 2000

SHAWN COOPER vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE COMPANY

Reconsideration denied for lien claim for carpal tunnel release surgeries. The WCJ's decision, which is adopted and incorporated, found the lien claimant's billing unreasonable and grossly disproportionate to amounts accepted by other facilities.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeLien ClaimantFacility FeeCarpal Tunnel ReleaseCPT CodeOfficial Medical Fee ScheduleGeographic ComparablesReasonableness of Billing
References
3
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