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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

Briggs v. Consolidated Rail Corp.

Plaintiffs, retired railroad workers, sued Consolidated Rail Corporation (Conrail) under the Federal Employers’ Liability Act (FELA) for sensorineural hearing loss and other personal injuries sustained due to long-term noise and vibration exposure during employment. Defendant moved for summary judgment, arguing the hearing loss claims were time-barred and other claims lacked evidentiary support. The Supreme Court initially granted summary judgment, dismissing the hearing loss claims as barred by the three-year Statute of Limitations. However, the court improperly dismissed claims for aggravation of injuries within the limitations period, injuries from negligent assignment, and certain other health problems for Briggs and Dineen. The appellate court modified the order, reinstating plaintiffs' claims for aggravation of hearing loss and injuries from negligent assignment, and for other unrelated injuries for Briggs and Dineen, while affirming the dismissal of time-barred hearing loss claims and specific health claims for Briggs and Vipari.

Federal Employers’ Liability Act (FELA)Statute of LimitationsSensorineural Hearing LossRailroad WorkersOccupational ExposureSummary JudgmentContinuing Tort DoctrineNegligent AssignmentAggravation of InjuriesAppellate Review
References
15
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Rohan v. North Main Street Development Corp.

The plaintiff appealed an order from the Supreme Court, Rockland County, which dismissed her personal injury complaint against her employer. The plaintiff sustained injuries on the employer's premises after going off duty, attributable to a co-employee's actions. The defendant moved to dismiss based on Workers' Compensation Law sections 11 and 29 (6), asserting workers' compensation was the exclusive remedy. The appellate court reversed the order, remitting the case to the Workers’ Compensation Board for a factual hearing to determine the plaintiff's rights under the Workers’ Compensation Law and stayed the trial pending the Board's determination. This decision upholds the Workers’ Compensation Board's primary jurisdiction in such matters.

Personal InjuryWorkers' CompensationExclusive RemedyPrimary JurisdictionAppellate ProcedureRemandStay of ProceedingsCo-employee InjuryEmployment PremisesOff-Duty Injury
References
4
Case No. ADJ3415466 (BAK 0149054)
Regular
Apr 17, 2009

Candido Salinas vs. Defense Support Servjaig Claims, Lockheed Martin/ESIS

The Workers' Compensation Appeals Board granted reconsideration to find that Candido Salinas sustained a single cumulative trauma injury for bilateral hearing loss ending on his last day of employment, April 26, 2006. Consequently, liability for benefits was placed on Defense Support Services and its insurer, American Home Assurance, reversing the prior finding that the injury date was 2003. This decision determined that the applicant's continued exposure to noise after noticing hearing loss, and subsequent progression of the condition, established the later date of injury. The award was amended to reflect this new finding, including reimbursement for self-procured hearing aids and attorney fees.

Cumulative traumaDate of injuryStatute of limitationsApportionmentPermanent disabilityBilateral hearing lossIndustrial injuryWorkers' compensationLockheed MartinDefense Support Services
References
15
Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. ADJ627525 (SFO 0457344)
Regular
Dec 19, 2011

Tarcisio Plaza vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to modify the permanent disability rating and date of injury. The applicant sustained a cumulative trauma injury to his hearing, including bilateral high-frequency hearing loss and tinnitus, while employed as a gardener. The WCAB amended the award to reflect a 16% permanent disability rating, adjusted for age, occupation, and non-industrial causes. Additionally, the WCAB corrected the date of injury to June 2003, based on the applicant's last day of injurious exposure and knowledge of the employment-related cause of his disability.

Workers' Compensation Appeals Boardcumulative traumabilateral high-frequency hearing losstinnituspermanent disabilityapportionmentdate of injuryLabor Code section 5412presbycusisaudiogram
References
3
Case No. MISSING
Regular Panel Decision

Guiher v. South Buffalo Railway Co.

Plaintiff, a former railway worker, sued his employer ('defendant') in 1988, alleging sensorineural hearing loss and other medical issues caused by workplace noise and vibration between 1953 and 1985. The defendant moved for summary judgment, asserting the hearing loss claim was time-barred by the three-year Statute of Limitations (45 USC § 56) and the other injury claims lacked support. The Supreme Court denied this motion. On appeal, the order was unanimously affirmed, as the defendant failed to conclusively demonstrate that the plaintiff's hearing loss claim accrued outside the limitation period due to the plaintiff's equivocal testimony and subsequent affidavit. Furthermore, the defendant did not provide admissible proof to refute the plaintiff's claims for other injuries.

Statute of LimitationsHearing LossRailway WorkerSummary JudgmentAccrual of Cause of ActionEquivocal TestimonyAdmissible ProofAppellate ReviewFederal Employers' Liability ActOccupational Disease
References
9
Case No. MISSING
Regular Panel Decision

Legg v. Fitzmaurice

Plaintiff Legg, a firefighter, suffered a back injury in 1975 and received full salary for over five years. In 1981, Chief Fitzmaurice attempted to terminate his employment under Civil Service Law section 73, alleging a non-occupational injury. Legg argued his disability was work-related, falling under General Municipal Law section 207-a, and challenged the termination and the chief's authority to conduct an administrative hearing. The court found the chief erred, concluding that section 207-a applied and that Legg was entitled to a due process hearing. The court converted Legg's action for a preliminary injunction into an Article 78 proceeding, denying the injunction but ordering his reinstatement with back pay until an administrative hearing on his disability benefits is conducted.

Preliminary InjunctionEmployment TerminationFirefighter DisabilityWorkers' Compensation BenefitsArticle 78 ProceedingDue ProcessAdministrative HearingCivil Service LawGeneral Municipal LawReinstatement
References
3
Case No. MISSING
Regular Panel Decision

In re Eastern District Repetitive Stress Injury Litigation

The defendants sought to transfer 78 repetitive stress injury (RSI) cases from the Eastern District of New York to districts where the claims arose, also seeking severance of individual claims. Over 450 RSI cases, involving over 1,000 plaintiffs against more than 100 equipment manufacturers, were initially consolidated in the Eastern District. However, the Second Circuit later vacated the consolidation orders, finding it an abuse of discretion due to lack of common facts and varying state laws. Relying on this guidance, the court granted transfer in 75 cases and denied it in three, citing factors such as convenience of parties and witnesses, judicial economy, and the public interest in local adjudication of local controversies. The court also ordered severance where necessary to facilitate transfer.

Transfer of VenueMultidistrict LitigationRepetitive Stress InjuryProducts LiabilityForum Non ConveniensSeverance of ClaimsConsolidation of CasesJudicial EconomyWitness ConvenienceChoice of Forum
References
16
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