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

Case No. 895 CA 23-00349
Regular Panel Decision
Mar 15, 2024

Wolfanger v. Once Again Nut Butter Collective Inc.

Plaintiff Lance Wolfanger commenced a Labor Law and common-law negligence action seeking damages for injuries sustained while working on a warehouse construction project. He alleged that he experienced dizziness and fell from a boom lift exhausting noxious diesel fumes while spray-painting at a high elevation. The Supreme Court granted summary judgment to defendants, concluding that the injuries were not caused by an elevation-related risk. The Appellate Division, Fourth Department, reversed this decision, reinstating the plaintiff's causes of action under Labor Law § 240 (1). The appellate court found that the plaintiff's fall from the lift, caused by noxious fumes at an elevation, constituted an elevation-related risk, and that defendants failed to provide proper protection. The court granted plaintiff summary judgment on the issue of liability for the Labor Law § 240 (1) claims.

Labor Law § 240(1)construction accidentfall from heightboom liftnoxious fumessummary judgmentappellate reversalworker injuryworkplace safetyproximate cause
References
12
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
7
Case No. MISSING
Regular Panel Decision

In Re G. Marine Diesel Corp.

The Debtor, G. Marine Diesel Corp., objected to a claim filed by An-Frank Metal Fabricating Industries, Inc. (Creditor) for services rendered as a subcontractor on U.S. Navy ship repairs. The Debtor argued the claim included unauthorized work and excessive wage rates. The Court, after reviewing evidence and testimony, found that the Creditor's proof of claim established prima facie validity. However, the Debtor successfully rebutted portions related to unauthorized interest charges, unnecessary re-engineering costs, and unsubstantiated acceleration costs. Consequently, the Creditor's original claim of $298,763.20 was reduced by $145,404.53. The Court allowed the remaining sum of $153,358.67 as an unsecured claim against the Debtor's estate.

BankruptcyClaim ObjectionSubcontractorGovernment ContractEquitable AdjustmentInterest ChargesRe-engineering CostsAcceleration CostsBurden of ProofPrima Facie Evidence
References
12
Case No. MISSING
Regular Panel Decision

Argento v. Morse-Diesel International

The Supreme Court of New York County rendered a judgment on October 6, 1998, after a jury trial, granting the plaintiff's Labor Law § 240 (1) claim and defendants' common-law indemnification claim against third-party defendant Fortunato Sons, Inc., while denying the plaintiff's motion to set aside the damages award as insufficient. The appellate court modified this judgment, vacating the damages award for past pain and suffering and remanding the matter for a new trial solely on this issue. The court affirmed the judgment regarding common-law indemnification, finding Morse-Diesel's liability solely statutory under Labor Law § 240 (1), without evidence of direction or control over work. Claims by Fortunato regarding a time-bar and the anti-subrogation rule were deemed unavailing due to waiver and lack of evidence, respectively.

Labor LawConstruction site accidentDirected verdictIndemnificationThird-party actionDamages awardPain and sufferingAppellate reviewRemandJury verdict
References
3
Case No. MISSING
Regular Panel Decision
Mar 04, 2002

Masciotta v. Morse Diesel International, Inc.

Plaintiff James Masciotta, a carpenter employed by W. Property Resources, Inc. (Property), was injured in a construction accident involving a ladder. Morse Diesel International, Inc. (Morse), the project manager, moved for partial summary judgment seeking contractual indemnification from Property. The Supreme Court denied Morse's motion, but the Appellate Court unanimously reversed this decision. The court found that the indemnification provision in the subcontract between Morse and Property was enforceable, as Masciotta's injuries arose from Property's work and the use of the ladder, and there was no evidence of Morse's active negligence. General Obligations Law § 5-322.1 did not bar enforcement because Morse was held strictly liable under Labor Law § 240 (1) without its own negligence.

Contractual IndemnificationSummary JudgmentConstruction AccidentLabor LawLadder FallSubcontractor LiabilityGeneral ContractorActive NegligenceStrict LiabilityGeneral Obligations Law
References
15
Case No. ADJ7318651
Regular
Jan 12, 2012

JERRY CHAVEZ, Jr. vs. CITY OF VERNON

This case concerns a police officer diagnosed with renal cell carcinoma who sought workers' compensation benefits under Labor Code section 3212.1's cancer presumption. The applicant presented evidence of industrial exposure to known carcinogens such as diesel exhaust and benzene. The defense failed to rebut the presumption by failing to present evidence that the primary cancer site was identified and that the identified carcinogen was not reasonably linked to the cancer. The Appeals Board affirmed the judge's findings, denying the defendant's petition for reconsideration.

Workers' Compensation Appeals BoardCity of VernonJerry Chavez Jr.Petition for ReconsiderationFindings and Ruling and Awardcancer presumptionLabor Code section 3212.1industrial exposurecarcinogenic substancesWCJ
References
7
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
2
Case No. MISSING
Regular Panel Decision
Dec 17, 2007

Henderson v. New York City Transit Authority

Claimant, a New York City bus driver for nearly 20 years, filed for workers' compensation benefits, alleging that recurring exposure to exhaust fumes and dust at work caused severe asthma. Initial medical opinions conflicted, leading the Workers’ Compensation Law Judge to find a work-related exacerbation and permanent partial disability. The employer appealed, prompting the Workers’ Compensation Board to refer the claimant to an impartial medical specialist. The specialist diagnosed marked moderate restrictive pulmonary function caused by morbid obesity, not work conditions. Based on this, the Board disallowed the claim, and the Appellate Division affirmed this decision, finding the referral proper and the Board’s determination supported by substantial evidence.

asthmabus driverexhaust fumesdust exposureoccupational diseaseworkers' compensation benefitsmedical expert opinionimpartial medical specialistmorbid obesitypulmonary function
References
5
Case No. MISSING
Regular Panel Decision
Dec 22, 1999

Claim of Taylor v. Niagara Mohawk Power Corp.

A customer service representative with a history of multiple chemical sensitivity, asthma, rhino sinusitis, and irritable bowel filed two claims for workers' compensation benefits. Her conditions worsened after exposure to roof tar fumes in 1993 and insecticide (Dursban) fumes in 1995, eventually leading to her inability to work. The Workers’ Compensation Board determined she was permanently, totally disabled due to these exposures and awarded benefits. The employer and carrier appealed, arguing the conditions were diseases, not accidental injuries, and challenging the causation finding. The Court affirmed the Board's decision, citing precedents that exacerbation of preexisting conditions by workplace chemical fumes constitutes an accidental injury and finding substantial evidence in claimant's and a physician's testimony.

Chemical ExposureMultiple Chemical SensitivityAsthmaRhino SinusitisIrritable BowelPermanent Total DisabilityAccidental InjuryExacerbation of Preexisting ConditionWorkplace FumesCausation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Gannon v. New York State Department of Taxation & Finance

The claimant, a seasonal auditor, sought workers' compensation benefits due to alleged exposure to paint fumes, pesticides, and other airborne toxins at her workplace in Albany, resulting in symptoms like dizziness, heart palpitations, and later, upper airway irritation and liver damage. The Workers' Compensation Board ruled she suffered an accidental injury from paint fume exposure in September 1992 but found no continuing causally related disability. Medical experts testified that the claimant's symptoms were primarily manifestations of an anxiety disorder, not environmental contaminants, and that any effects from paint fumes would be short-lived. The decision of the Workers’ Compensation Board was affirmed, as there was substantial evidence to support the conclusion that the claimant did not suffer from any continuing disability attributable to the accident or other alleged exposures.

Workers' CompensationCausally Related DisabilityEnvironmental ContaminantsPaint Fumes ExposureAnxiety DisorderPsychiatric SymptomsLiver DamageMedical Expert TestimonySubstantial EvidenceAppellate Review
References
7
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