Updated Daily

Case Law Database

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

Case No. ADJ8109410

Regular

Apr 03, 2015

KRISTINA BROOKS vs. COUNTY OF TULARE

The Workers' Compensation Appeals Board reversed the Administrative Law Judge's decision, finding that the applicant's hiatal hernia and GERD were not industrial injuries. The Board determined that the Labor Code section 3212 presumption for hernias in law enforcement officers was rebutted by medical evidence. Specifically, the Board found that the applicant's hiatal hernia was primarily caused by complications from a prior non-industrial bariatric surgery, not her employment. Therefore, the Board rescinded the award for medical treatment and temporary/permanent disability.

Labor Code section 3212presumptionrebuttalhiatal herniaGERDQualified Medical EvaluatorIra FishmanM.D.deposition testimonybariatric surgery

References

Case No. ADJ9635847

Regular

Oct 07, 2016

GANNON MASZK vs. CITY OF CARLSBAD

This case involves a workers' compensation claim for a hiatal hernia, GERD, and Barrett's Esophagus. The defendant sought to apportion the applicant's permanent disability, arguing that the presumed industrial cause of the hernia did not extend to subsequent GERD complications. However, the Appeals Board denied reconsideration, finding that the medical examiner's apportionment was not based on the *cause of the permanent disability*, but rather on the *cause of the injury*. Therefore, in the absence of legally sufficient apportionment, the applicant was awarded unapportioned permanent disability.

WCABGannon MaszkCity of CarlsbadKeenan AssociatesADJ9635847Petition for ReconsiderationFindings and Awardcumulative traumahiatal herniaGERD

References

Case No. ADJ326796 (SDO 0356156) ADJ6986002

Regular

Jan 19, 2010

THOMAS A. SMITH vs. COUNTY OF SAN DIEGO, Permissibly Self-Insured

This case involves applicant Thomas A. Smith, a deputy sheriff, seeking workers' compensation benefits for industrial injuries including hypertension, GERD, hiatal hernia, back injury, and skin conditions. The defendant, County of San Diego, sought reconsideration of a prior award, arguing new case law (*Almaraz II* and *Ogilvie II*) and factual errors in the original decision regarding cumulative trauma, permanent disability ratings, and reliance on medical evidence. The Appeals Board granted reconsideration to further study the issues and has rescinded the prior findings and award. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardDeputy SheriffHypertensionGastroesophageal reflux diseaseHiatal herniaIndustrial injurySkin injuryPermanent disabilityPetition for ReconsiderationAlmaraz

References

Case No. ADJ10222181 (MF) ADJ10222198

Regular

Jan 30, 2019

SAM ALBOUDOOR vs. AMJES, INC. dba K&B FREIGHT SYSTEMS

This case concerns claims for hernias and spine injuries sustained by a truck driver. The Workers' Compensation Appeals Board granted reconsideration to review the finding that hernias were work-related, noting the medical evaluator's conflicting opinions on causation. The Board determined further medical development is required on the hernia issue due to contradictory expert testimony. Additionally, the issue of reimbursement for self-procured medical treatment was deferred pending the resolution of the hernia claims.

Workers' Compensation Appeals BoardAMJES INCK&B Freight SystemsSam Alboudoorherniahiatal herniainguinal hernialumbar spinethoracic spinePQME

References

Case No. MISSING

Regular Panel Decision

DePoalo v. County of Schenectady

This case involves two correction officers, Philip DePoalo and Alfred Greenewald, employed by the County of Schenectady, who sought benefits under General Municipal Law § 207-c for work-related illnesses. DePoalo suffered chest pains due to a pre-existing heart condition, which his personal physician attributed to job-related stress. Greenewald experienced chest pains while on duty, diagnosed as a hiatal hernia, but lacked clear evidence connecting it to his employment. The County denied their applications, with DePoalo's denial partly due to his refusal of a county-scheduled medical examination. The Supreme Court initially granted the petitions, ruling against the county's authority to require a pre-determination medical examination for eligibility. However, the Appellate Division reversed, holding that General Municipal Law § 207-c authorizes municipalities to direct applicants to undergo medical examinations to establish a work-related disability before benefits are awarded, to prevent fraudulent claims. The Court of Appeals affirmed the Appellate Division's decision, emphasizing that the statute's plain wording and legislative history support the municipality's right to determine eligibility through a medical exam.

General Municipal Law § 207-cMedical Examination RequirementEligibility for BenefitsCorrection OfficersWork-Related IllnessPre-determination ExaminationMunicipal AuthorityStatutory InterpretationCardiac ConditionsHiatal Hernia

References

Case No. ADJ300802 (AHM 0109743) ADJ2310921 (AHM 0115931)

Regular

Nov 21, 2008

CHRISTOPHER SHIELDS vs. LAIDLAW TRANSIT; BROADSPIRE

The Appeals Board granted reconsideration, amending the original award to establish a permanent and stationary date of January 3, 2005, for applicant's abdominal hernia injuries. The Board deferred the issues of permanent disability and attorneys' fees, returning the case to the trial level for re-rating based on hernia/abdominal injuries rather than spinal injuries. The Board affirmed the finding of an industrial inguinal hernia injury, while also noting that the defendant did not provide evidence of unreasonable refusal of medical treatment for the hernias.

HerniaUmbilical herniaInguinal herniaLow back painPermanent and stationary dateTemporary total disabilityMedical treatmentAttorney's feesReconsiderationWorkers' Compensation Appeals Board

References

Case No. SDO 0322942

Regular

Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

The applicant claims an admitted industrial spinal injury caused his umbilical hernia, but the WCJ denied benefits for the hernia, finding it nonindustrial. The applicant argues the Qualified Medical Evaluator's opinion supports industrial causation for the hernia, contradicting the defense. The Appeals Board granted reconsideration to obtain a report from the WCJ regarding this contested issue.

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator

References

Case No. MISSING

Regular Panel Decision

Jul 27, 1978

Claim of Lopez v. New York City Housing Authority

This case involves an appeal from a decision of the Workers’ Compensation Board, which found that the claimant sustained an occupational hernia. The claimant initially filed a claim in 1976 for an injury on July 12, 1973, which was dismissed by a referee due to the two-year limitation under section 28 of the Workers’ Compensation Law. Subsequently, the claimant filed a new claim, and a referee found an occupational disease and causal relationship for an incisional hernia, setting the disablement date as January 19, 1976. The employer and carrier appealed, arguing that the first dismissal was res judicata. The board affirmed the referee's decision, citing its broad powers of continuing jurisdiction under section 123 of the Workers’ Compensation Law. The court affirmed the board's determination, finding substantial medical evidence supporting the conclusion that heavy lifting and bending led to the occupational hernia.

Occupational HerniaWorkers' Compensation LawRes JudicataContinuing JurisdictionTimeliness of ClaimMedical EvidenceBoard DecisionAppealCausal RelationshipIncisional Hernia

References

Case No. ADJ9811478

Regular

Aug 14, 2017

MARCOS RAMIREZ vs. HALL MANAGEMENT CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY/AIG

The applicant sought reconsideration of an order approving a compromise and release (C&R) settlement, claiming there was no agreement to include his hernia claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration. The WCAB found that the applicant's claim regarding the hernia was a dispute over the C&R, not a final decision on the merits. The matter was remanded to the WCJ for a hearing to create a record on the applicant's allegations before further appeal.

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals Boardmeeting of the mindshernia claimdefective servicecontinuing jurisdictiongood causemutual mistake of factduress

References

Case No. ADJ6475661

Regular

May 11, 2015

ALAN COLGROVE vs. SANTA ROSA PRESS DEMOCRAT, TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA

The Appeals Board rescinded the WCJ's decision finding a hernia to be a compensable consequence of a back injury, citing insufficient medical evidence. Dr. Klein’s opinion on causation was found to be inconsistent and not substantial evidence. The Board concluded the medical record requires further development to determine if the hernia is causally related to the industrial injury. Therefore, the case is returned to the trial level for further proceedings and a new decision by the WCJ.

COMPENSABLE CONSEQUENCEPETITION TO REOPENMEDICAL RECORD DEVELOPMENTQUALIFIED MEDICAL EVALUATOR (PQME)OPINIONCAUSAL RELATIONSHIPHERNIABACK INJURYSTIPULATIONSSUBSTANTIAL EVIDENCE

References

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Updated Daily

Case Law Database

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

Case No. ADJ8109410

Regular

Apr 03, 2015

KRISTINA BROOKS vs. COUNTY OF TULARE

Labor Code section 3212presumptionrebuttalhiatal herniaGERDQualified Medical EvaluatorIra FishmanM.D.deposition testimonybariatric surgery

References

Case No. ADJ9635847

Regular

Oct 07, 2016

GANNON MASZK vs. CITY OF CARLSBAD

WCABGannon MaszkCity of CarlsbadKeenan AssociatesADJ9635847Petition for ReconsiderationFindings and Awardcumulative traumahiatal herniaGERD

References

Case No. ADJ326796 (SDO 0356156) ADJ6986002

Regular

Jan 19, 2010

THOMAS A. SMITH vs. COUNTY OF SAN DIEGO, Permissibly Self-Insured

Workers' Compensation Appeals BoardDeputy SheriffHypertensionGastroesophageal reflux diseaseHiatal herniaIndustrial injurySkin injuryPermanent disabilityPetition for ReconsiderationAlmaraz

References

Case No. ADJ10222181 (MF) ADJ10222198

Regular

Jan 30, 2019

SAM ALBOUDOOR vs. AMJES, INC. dba K&B FREIGHT SYSTEMS

Workers' Compensation Appeals BoardAMJES INCK&B Freight SystemsSam Alboudoorherniahiatal herniainguinal hernialumbar spinethoracic spinePQME

References

Case No. MISSING

Regular Panel Decision

DePoalo v. County of Schenectady

References

Case No. ADJ300802 (AHM 0109743) ADJ2310921 (AHM 0115931)

Regular

Nov 21, 2008

CHRISTOPHER SHIELDS vs. LAIDLAW TRANSIT; BROADSPIRE

HerniaUmbilical herniaInguinal herniaLow back painPermanent and stationary dateTemporary total disabilityMedical treatmentAttorney's feesReconsiderationWorkers' Compensation Appeals Board

References

Case No. SDO 0322942

Regular

Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator

References

Case No. MISSING

Regular Panel Decision

Jul 27, 1978

Claim of Lopez v. New York City Housing Authority

Occupational HerniaWorkers' Compensation LawRes JudicataContinuing JurisdictionTimeliness of ClaimMedical EvidenceBoard DecisionAppealCausal RelationshipIncisional Hernia

References

Case No. ADJ9811478

Regular

Aug 14, 2017

MARCOS RAMIREZ vs. HALL MANAGEMENT CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY/AIG

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals Boardmeeting of the mindshernia claimdefective servicecontinuing jurisdictiongood causemutual mistake of factduress

References

Case No. ADJ6475661

Regular

May 11, 2015

ALAN COLGROVE vs. SANTA ROSA PRESS DEMOCRAT, TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA

COMPENSABLE CONSEQUENCEPETITION TO REOPENMEDICAL RECORD DEVELOPMENTQUALIFIED MEDICAL EVALUATOR (PQME)OPINIONCAUSAL RELATIONSHIPHERNIABACK INJURYSTIPULATIONSSUBSTANTIAL EVIDENCE

References

Showing 1-10 of 75 results

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