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

Case No. MISSING
Regular Panel Decision

United Spinal Ass'n v. Board of Elections in the City of New York

Plaintiffs United Spinal Association and Disabled in Action brought an action against the Board of Elections in the City of New York (BOE) under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleging pervasive access barriers at poll sites. The Court previously denied a preliminary injunction. Both parties subsequently moved for summary judgment. The Court found no genuine dispute of material fact regarding the existence of pervasive and recurring accessibility barriers and deemed the BOE's accommodation methods insufficient. Consequently, the Court granted the plaintiffs' motion for summary judgment on liability and denied the defendants' cross-motion. The case is now referred to a Magistrate Judge for the determination of the appropriate remedy.

AccessibilityVoting RightsAmericans with Disabilities ActRehabilitation ActPoll SitesSummary JudgmentDisability DiscriminationBoard of ElectionsMeaningful AccessReasonable Accommodation
References
26
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
3
Case No. ADJ1926394
Regular
Dec 08, 2010

FRANCISCO COSTA vs. RALPH'S GROCERY COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to amend the award to include future medical treatment. However, they affirmed the judge's finding of 80% permanent disability, which included a 20% apportionment to the applicant's pre-existing congenital spinal stenosis. The applicant argued against apportionment, but the Board found that medical evidence supported the conclusion that the pre-existing condition aggravated the industrial injury and led to more severe permanent disability. The Board clarified that "lighting up" a dormant condition is no longer a bar to apportionment under current law.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentCongenital Spinal StenosisCauda Equina SyndromeLower Back InjuryUrologic System InjuryGI Tract Injury
References
2
Case No. SJO 0227228
Regular
Nov 13, 2007

CURTIS CARUSI vs. MARKETSHARE, INC., ACE/USA

This case concerns the apportionment of permanent disability for an applicant with a cumulative trauma injury to his neck and upper extremities. The Agreed Medical Examiner (AME) determined that 60% of the applicant's permanent disability was due to non-industrial spinal stenosis and 40% was work-related. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the AME's opinion constituted substantial medical evidence for apportionment. The WCAB rescinded the prior award and returned the case for a new award reflecting the AME's apportionment.

WCABMarketshare Inc.Curtis CarusiACE/USAESISSJO 0227228Petition for ReconsiderationFindings and AwardIndustrial cumulative traumaNeck injury
References
5
Case No. MISSING
Regular Panel Decision

Claim of Cameron v. Chalet

This case involves an appeal from a decision by the Workers’ Compensation Board. The Board had ruled that the claimant's injury sustained on April 22, 2000, had resolved, and her ongoing disability was a result of pre-existing extensive degenerative changes, scoliosis, and spinal stenosis throughout her spine. The appellate court found substantial evidence to support the Board's determination. It noted that the resolution of factual discrepancies and conflicting medical opinions falls within the Board's jurisdiction, despite some evidence potentially supporting an opposite conclusion. The decision of the Workers’ Compensation Board was affirmed.

AppealSubstantial EvidencePreexisting ConditionDegenerative ChangesScoliosisSpinal StenosisMedical OpinionsFactual DiscrepanciesCausationDisability Benefits
References
4
Case No. MISSING
Regular Panel Decision
Dec 20, 1990

Claim of Bishop v. Remlap Construction

This case involves an appeal from a decision by the Workers’ Compensation Board, filed on December 20, 1990. The Board ruled that there was insufficient medical evidence to prove a prior physical impairment, thus discharging the Special Funds Conservation Committee from liability. The claimant had a congenital narrowing of the spinal canal in the lower back prior to an injury on August 5, 1988. While medical evidence showed this condition worsened the injury, the Board found it didn't meet the statutory criteria of hindering employment under Workers’ Compensation Law § 15 [8] [b]. The decision of the Workers’ Compensation Board was affirmed.

Workers' CompensationSpecial Funds Conservation CommitteeCongenital ConditionSpinal Canal NarrowingMedical EvidencePrior Physical ImpairmentHindrance to EmploymentWorkers’ Compensation Law § 15 [8] [b]Affirmed DecisionAppellate Review
References
0
Case No. 2017 NY Slip Op 07501
Regular Panel Decision
Oct 26, 2017

Graham v. New York State Office of Mental Health

Richard Graham, a nurse with Tourette's syndrome and spinal stenosis, sued the New York State Office of Mental Health and others for disability discrimination and retaliation after his probationary employment was terminated. Graham alleged refusal of reasonable accommodation for his disabilities during a job transfer and retaliation for requesting accommodations. The defendants argued that Graham failed to cooperate in the interactive accommodation process and was legitimately terminated for falsifying his employment application regarding prior state employment. The Supreme Court granted summary judgment to the defendants, dismissing the complaint. The Appellate Division affirmed this decision, concluding that there was no refusal of reasonable accommodation and that the termination was based on legitimate, non-discriminatory grounds.

Disability DiscriminationReasonable AccommodationRetaliation ClaimSummary JudgmentEmployment LawProbationary EmploymentFalsification of Employment ApplicationWorkers' Compensation LeaveInteractive ProcessHuman Rights Law
References
35
Case No. MISSING
Regular Panel Decision

Satalino v. Dan's Supreme Supermarket

This decision affirms the Workers' Compensation Board's determination that the claimant failed to establish a recognizable link between his occupational disease and employment. The claimant, diagnosed with disc herniation, arthritis, spondylolisthesis, and stenosis, presented testimony from two neurological surgeons. Dr. Stephen Burstein could not definitively link the conditions to employment, noting potential causes like chronic degeneration or age. Dr. Artem Vaynman, while performing surgeries, opined that heavy lifting accelerated degeneration but also acknowledged an initial view of no employment relation and a lack of scientific evidence for repetitive lifting causing spinal injury. The court found no abuse of discretion in the Board's conclusion, emphasizing the requirement for a probable and rationally based causal relationship.

Occupational DiseaseWorkers' Compensation LawCausal RelationshipMedical OpinionDisc HerniationArthritisSpondylolisthesisStenosisHeavy LiftingDegenerative Condition
References
5
Case No. ADJ7037475
Regular
Oct 04, 2018

JESUS ROJAS vs. GAY AND LESBIAN COMMUNITY CENTER, INC.; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jesus Rojas's petition for reconsideration, affirming the administrative law judge's award of 81% permanent disability for his admitted industrial spine injury. Rojas argued for 100% permanent disability based on an Agreed Medical Examiner's opinion of inability to return to the labor market and contended apportionment to non-industrial factors was unsubstantiated. The Board found the apportionment to pre-existing congenital stenosis was supported by medical evidence and that the *Hikida* case did not apply as Rojas's disability was not directly caused by the effects of medical treatment necessitated by both industrial and non-industrial factors. Furthermore, the Board held that Labor Code section 4662(b) does not create an independent pathway to permanent total disability.

Petition for ReconsiderationFindings of Fact and AwardPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Labor Code section 4656Labor Code section 4658Labor Code section 4662(b)Hikida v. Workers' Comp. Appeals. Bd.non-industrial factors
References
2
Case No. ADJ2320623
Regular
Oct 25, 2010

SAMIR SOLOMON vs. TRI VALLEY BUICK, PONTIAC, GMC, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For CASUALTY RECIPROCAL EXCHANGE, In Liquidation

This case involves a workers' compensation claim for an automobile salesman injured on April 14, 2001, resulting in spinal and psychiatric injuries. The WCJ awarded temporary disability through June 22, 2004, 52¼% permanent disability, and further medical treatment for the psyche, but not the spine, denying defendant credit for civil damages. Both applicant and defendant sought reconsideration, arguing various evidentiary errors, particularly regarding the duration of temporary disability and the need for spinal treatment. The Appeals Board denied reconsideration of both petitions, affirming the WCJ's decision, though one Commissioner dissented, believing the applicant's temporary disability claim and spinal treatment need further development.

Workers' Compensation Appeals BoardIndustrial InjurySpine InjuryPsychiatric InjuryTemporary DisabilityPermanent DisabilityApportionmentMedical TreatmentCivil DamagesReconsideration
References
1
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