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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

Harriman v. Shaw Aero Devices, Inc.

Claimant sought workers' compensation benefits in 1993, alleging chronic fatigue syndrome and other illnesses from her secretarial work, initially citing work-related stress and later chemical exposure. After multiple proceedings, the Workers’ Compensation Board denied her claim in April 2001, finding no causal link between her condition and employment. The claimant appealed this decision. The appellate court affirmed the Board's ruling, concluding that the claimant failed to provide sufficient medical evidence to establish a causally related exacerbation of her chronic fatigue syndrome due to either occupational stress or chemical exposure. The court also upheld the Board's discretion in rejecting a physician's report submitted late without excuse.

Chronic fatigue syndromeWorkers' compensationCausationChemical exposureOccupational stressMedical evidenceAppealsAdministrative lawEvidentiary burdenBoard discretion
References
4
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
3
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ605947 (MON 0274664)
Regular
Feb 02, 2009

LESLIE CELLUCCI vs. FLORENCE MACHINE PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for injuries to the applicant's hands, upper extremities, and neck, resulting in chronic pain syndrome and a sleep disorder. The defendant disputed the extent of permanent disability and the diagnoses of chronic pain syndrome and sleep disorder. The Appeals Board affirmed the finding of industrial injury and the 85% permanent disability rating, including the diagnoses of chronic pain syndrome and sleep disorder. The Board also granted reconsideration to amend the award to include a life pension for the applicant, as required by law for an 85% permanent disability finding.

Workers' Compensation Appeals BoardLeslie CellucciFlorence Machine ProductsState Compensation Insurance FundADJ605947Opinion and Order Granting ReconsiderationFindings and AwardPermanent DisabilityChronic Pain SyndromeSleep Disorder
References
0
Case No. MISSING
Regular Panel Decision

Kaczor v. Vanchem, Inc.

Plaintiffs initiated an action for damages due to injuries allegedly sustained by Robert G. Kaczor from exposure to chemical fumes from Vanchem, Inc.'s facility. The Supreme Court erred by not dismissing the complaint against Van DeMark Chemical Co., Inc., a sister company, as there was no unity of interest between the entities. Furthermore, the court also erred in not dismissing the complaint against Vanchem regarding claims of liver damage, irritable bowel syndrome, and chronic fatigue syndrome. Defendants provided expert proof refuting the plaintiff's physician's opinion on causation, which lacked a generally accepted scientific basis. The order was modified, dismissing the complaint entirely against Van DeMark and partially against Vanchem for the specified injuries.

Chemical ExposurePhosgeneIsopropyl ChloroformateSummary JudgmentCorporate VeilUnity of InterestMedical CausationExpert TestimonyLiver DamageIrritable Bowel Syndrome
References
7
Case No. ADJ2554534
Regular
Jan 03, 2023

WENDY COLLIE vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of a prior award. The initial award found the applicant sustained an injury AOE/COE to multiple body parts, resulting in permanent total disability without apportionment. The employer argued the finding of chronic pain syndrome was improper, and that the WCJ ignored credibility issues and apportionment opinions. The Appeals Board found substantial medical evidence supported the chronic pain syndrome diagnosis and that the employer failed to provide sufficient evidence for apportionment of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgeInjury AOE/COELumbar SpineCervical SpineLeft ShoulderRight HipRight Knee
References
20
Case No. ADJ237483
Regular
Nov 13, 2012

RAYEK J. FAHOUM vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board denied Rayek J. Fahoum's petition for reconsideration, upholding the findings of the Workers' Compensation Judge. The Judge's report found Fahoum sustained industrial injury to his neck and low back with secondary chronic pain syndrome, awarding 41% permanent disability. This decision relied on the opinions of the Agreed Medical Examiner and Dr. Renee Rinaldi, who concluded Fahoum experienced symptom magnification and that his condition was chronic pain syndrome, not fibromyalgia as claimed by Dr. Allen Salick. The Board extended great weight to the Judge's credibility findings regarding the medical opinions.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerSubstantial Medical EvidenceFibromyalgiaChronic Pain SyndromeSymptom MagnificationOrthopedic InjuryLumbosacral StrainCervical Strain
References
4
Case No. ADJ1623796 (VEN 0099796) ADJ4140441 (VEN 0089494)
Regular
Apr 30, 2013

Sharon Barnes vs. John McNeil, D.D.S, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The Board found that the applicant sustained an industrial injury to her neck and back, resulting in fibromyalgia and chronic fatigue syndrome. While affirming most of the prior award, the Board specifically changed the commencement date of the second period of temporary disability to February 11, 2011, aligning with a QME's opinion regarding the applicant's condition. Consequently, attorney fees were adjusted to reflect this revised period of temporary disability.

WCABReconsiderationFindings Award OrderIndustrial InjuryFibromyalgiaChronic Fatigue SyndromeChronic Pain SyndromeQualified Medical EvaluatorQMETemporary Disability Indemnity
References
4
Case No. ADJ10036839 (Master) ADJ10035604
Regular
Nov 29, 2017

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, remanding the case for further proceedings. The Board found a conflict between the Qualified Medical Examiner's opinion on partial remission of the applicant's psychiatric condition and the denial of future medical treatment, necessitating further development of that issue. Additionally, the Board noted procedural issues regarding the attorney's fee request and the findings on digestive system and chronic fatigue syndrome claims. The case will return to the trial level to address these matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and AwardQualified Medical EvaluatorQMEAdjustment Disorderpartial remissionfuture medical treatmentattorney's feestemporary disability indemnity
References
0
Case No. MISSING
Regular Panel Decision

Matter of Sheldon v. Kelly

The case concerns a New York City police officer, a first responder at the World Trade Center site, who developed fibromyalgia after WTC exposure. She applied for accidental disability retirement (ADR) benefits under the WTC presumption, which places the burden on the police pension fund to disprove a service-related injury. The Medical Board and Board of Trustees denied her application, concluding her fibromyalgia and chronic fatigue syndrome were not WTC-related. The appellate court found that fibromyalgia qualifies as a "new onset disease" under relevant law and that the respondents failed to rebut the WTC presumption with competent evidence. Therefore, the court reversed the lower court's decision, granted the petition, annulled the Board's determination, and remanded the matter for further proceedings, entitling the petitioner to ADR benefits.

World Trade Center presumptionFibromyalgiaAccidental Disability RetirementPolice OfficerFirst ResponderWTC ExposureMusculoskeletal DiseaseChronic Fatigue SyndromeBurden of ProofCausation
References
7
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