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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
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
Case No. ADJ744235
Regular
Aug 11, 2009

ROBERT RATTO vs. CURTIN AIR FREIGHT, INC., STATE COMPENSATIN INSURANCE FUND

This case concerns a worker seeking reconsideration of a prior permanent disability award. The applicant argued their back and psychiatric conditions combined to increase their overall permanent disability to 73%. The Appeals Board granted reconsideration, finding that a prior award for the back injury could not be reopened due to pre-SB 899 apportionment issues. However, the Board allowed for a combined rating of 70% by including the psychiatric disability with the previously awarded orthopedic disability, thus increasing the total permanent disability. The applicant's attorney was awarded a fee based on this increase.

ReconsiderationNew and further disabilityIndustrial injuryPsyche injuryPermanent disabilityApportionmentSB 899Agreed Medical EvaluatorStipulated AwardPetition to reopen
References
1
Case No. ADJ 2360962 (MON 0254392)
Regular
Mar 09, 2009

AMELIA CARDENAS vs. BON APPETITE, TRAVELERS PROPERTY CASUALTY

The Appeals Board granted reconsideration because the Workers' Compensation Judge may have applied an incorrect legal standard for apportioning permanent disability following a petition to reopen. Applicant sustained an admitted industrial injury in 1998, and a prior award included 40% permanent disability. The judge's decision apportioned one-third of the *total* permanent disability to non-industrial factors, rather than apportioning only the *increased* permanent disability above the prior award. The matter is returned to the trial level to develop the medical record and reconsider the extent and apportionment of increased permanent disability.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityAgreed Medical EvaluatorStipulated AwardPetition to ReopenMedical Record DevelopmentEn Banc Decision
References
6
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. MISSING
Regular Panel Decision

Claim of Baltsavias v. Caldor, Inc.

Claimant sustained work-related injuries in August 1975 and March 1977, leading to a permanent partial disability. The Workers’ Compensation Board apportioned the disability 25% to the 1975 case and 75% to the 1977 case, sustaining awards and an allowance for claimant’s former attorneys. The claimant appealed, arguing for permanent total disability and challenging legal fees. However, the court found these arguments outside the scope of the appeal, noting that prior decisions had established the nature and extent of disability and no timely appeal was taken. Reviewing the record, the court found substantial evidence to support the Board’s factual findings regarding carrier responsibility for medical bills and the average weekly wage. Consequently, the Board’s decision was affirmed.

Workers' CompensationPermanent Partial DisabilityAppealBoard DecisionMedical BillsAverage Weekly WageCausally Related DisabilityTimelinessLegal FeesReopened Cases
References
0
Case No. MISSING
Regular Panel Decision

Matter of Wohlfeil v. Sharel Ventures, LLC

The claimant, injured in October 2007, was initially found by a Workers’ Compensation Law Judge and affirmed by the Workers’ Compensation Board to have a permanent partial disability and a 75% loss of wage-earning capacity. The claimant subsequently appealed this decision. Medical experts, including the claimant's treating physician, Clifford Ameduri, and an independent medical examiner, Guy Corkhill, consistently testified that the claimant was totally disabled and incapable of any gainful employment. Despite this overwhelming medical evidence, the Board concluded that the claimant could perform sedentary work. The appellate court reversed the Board's findings, determining that they were not supported by substantial evidence in the record. The court concluded that the evidence actually warranted a finding of a permanent total disability for the claimant.

Permanent Partial DisabilityLoss of Wage-Earning CapacitySpinal FusionSpinal Cord StimulatorMedical TestimonyIndependent Medical ExaminationSedentary WorkTotal DisabilitySubstantial EvidenceAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
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