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

Case No. ADJ4016735 (BAK 0147536)
Regular
Jun 11, 2012

COLLEEN PARHAM vs. KERN RADIOLOGY MEDICAL GROUP, LEGION INSURANCE GROUP

This case involves an applicant seeking bilateral knee replacement surgery due to an admitted industrial back injury. The applicant argues the surgery is necessary to enable further treatment for her back, specifically a spinal cord stimulator. The defendants contested this, claiming the knee condition was independent and unrelated to the industrial injury. The Appeals Board granted reconsideration, finding the knee surgery reasonably required to relieve the industrial back injury, citing *Bolton* and *Rowan*, even if the knee condition itself was not industrial. The Board rescinded prior findings, awarding the knee surgery and deferring issues of permanent disability and temporary disability.

Workers' Compensation Appeals BoardReconsiderationFindings of FactBilateral Knee ReplacementIndustrial InjuryBack InjurySpinal Cord StimulatorTemporary Total DisabilityPermanent and StationaryQualified Medical Evaluator
References
8
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability
References
3
Case No. ADJ3925996 (FRE 0180480) ADJ360469 (FRE 0198851)
Regular
Oct 01, 2012

MICHAEL AKINS vs. THE SALVATION ARMY, Permissibly Self-Insured

In this workers' compensation case, the defendant, The Salvation Army, seeks to deny liability for applicant Michael Akins' recommended spinal surgery. While Akins sustained industrial injuries to his neck and back in 1998 and 2001, a subsequent non-industrial car accident in 2008 displaced hardware from his prior industrial surgery. The Board found that the industrial injury was a substantial contributing factor to the need for the current surgery, even though the non-industrial accident was the "most proximate cause." Therefore, the defendant remains liable for the recommended surgical intervention.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial InjurySpinal SurgeryPrimary Treating PhysicianNon-Industrial Motor Vehicle CollisionIntervening EventAgreed Medical ExaminerCausation
References
1
Case No. MISSING
Regular Panel Decision

Textile Workers Pension Fund v. Findlay Industries, Inc.

The Textile Workers Pension Fund sued Findlay Industries Inc. for alleged unpaid contributions related to vacation and holiday pay, seeking back contributions, liquidated damages, and injunctive relief. Findlay Industries Inc. maintained that its collective bargaining agreements with four local unions only required contributions for 'hours worked,' not for vacation or holiday pay. The court found that Findlay had consistently contributed based on 'hours worked' since 1973, and the Fund had knowingly accepted this interpretation for many years. Despite previous audits and demands, the Fund's claims for additional contributions were rejected, and the court ruled that the collective bargaining agreements required contributions only for 'hours worked.' Consequently, all claims by the plaintiff Fund were dismissed on the merits.

Pension Fund DisputeCollective Bargaining AgreementHours WorkedVacation PayHoliday PayERISALMRAContract InterpretationEmployer ContributionsTrust Fund
References
1
Case No. MISSING
Regular Panel Decision

Enderlin v. Hebert Industrial Insulation, Inc.

Plaintiff, George D. Enderlin, an employee of Salhen Enterprises, Inc., sustained a back injury while working on an asbestos removal project at the Ginna Nuclear Power Plant, owned by Rochester Gas & Electric (RG&E) and contracted by Hebert Industrial Insulation, Inc. He twisted his back when a power screw gun slipped while he was on a stepladder, prompting him to grab a pipe to steady himself, though he did not fall. Enderlin and his wife filed an action alleging violations of Labor Law §§ 200 and 241, which was initially denied summary judgment by the Supreme Court for the defendants. However, the appellate court reversed this decision, finding insufficient evidence that RG&E or Hebert supervised the work for Labor Law § 200 liability. Furthermore, the court determined that the alleged violation of 12 NYCRR 23-1.21 (e) regarding stepladder security was not the proximate cause of the accident, leading to the dismissal of the complaint.

Construction accidentLabor LawWorkplace safetySummary judgmentProximate causeStepladderAsbestos removalPersonal injuryAppellate reviewMonroe County
References
13
Case No. ADJ3409548 (RDG 0112116) ADJ2825274 (RDG 0112117)
Regular
Aug 21, 2014

Alice Swetzer vs. OFFICE MAX, OLD REPUBLIC, GALLAGHER BASSETT SERVICES

The Appeals Board rescinded the WCJ's denial of Alice Swetzer's petition to reopen, finding the medical record regarding her right sacroiliac fusion surgery was insufficiently developed. Applicant argues her industrial back and knee injuries contributed to the need for surgery, even if a fall precipitated it. The Board agreed that existing medical opinions did not fully address whether the industrial injuries exacerbated her condition or if the surgery was medically necessary to treat the industrial injury's effects. Therefore, the case is returned to the trial level for further medical evidence development on these causal links.

Compensable consequence doctrineSacroiliac fusion surgeryIndustrial injuryFurther development of medical recordQME opinionCausationPreexisting conditionAggravationMedical necessityReconsideration
References
2
Case No. MISSING
Regular Panel Decision
Jun 02, 2008

Claim of Laezzo v. New York State Thruway Authority

The claimant suffered a work-related slip and fall in 2002, leading to injuries including his head, neck, back, and knees. His morbid obesity contributed to his back and knee issues, prompting him to seek authorization for gastric bypass surgery. The Workers’ Compensation Law Judge approved the surgery, a decision affirmed by the Workers’ Compensation Board, which found the surgery causally related to the compensable injuries. The employer and its carrier appealed, challenging the causal link. The court affirmed the Board's decision, noting substantial evidence that the claimant's weight gain was a result of the sedentary lifestyle imposed by his injuries, and that the surgery would aid in his recovery.

Workers' CompensationConsequential InjuryGastric Bypass SurgeryMorbid ObesityMedical Treatment AuthorizationCausationKnee InjuryBack InjurySedentary LifestyleBoard Decision Appeal
References
2
Case No. ADJ1528926 (LBO 0378215)
Regular
Jul 02, 2012

DORIS SIMPSON vs. ORC MACRO, LIBERTY MUTUAL ORANGE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of back surgery for applicant Doris Simpson. The Board found the Agreed Medical Examiner's (AME) opinion regarding industrial causation for the surgery was inadequately explained. The case is returned to the trial level for further medical development, specifically to clarify whether the 2006 industrial injury contributed to the applicant's need for the surgery. The applicant has a history of prior lumbar surgeries and pre-existing degenerative conditions.

Workers' Compensation Appeals BoardDORIS SIMPSONORC MACROLIBERTY MUTUAL ORANGEADJ1528926LBO 0378215OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPrimary Treating PhysicianDr. Mudiyam
References
2
Case No. LAO 0822431
Regular
Apr 15, 2008

HOWARD J. SHERMAN vs. ENTERTAINMENT PARTNERS, CONTINENTAL CASUALTY COMPANY

This case involves a defendant seeking reconsideration of an order compelling spinal surgery for an applicant's admitted 2001 industrial back injury. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the original order. The WCAB found that both the applicant's treating physician and a court-appointed second opinion physician agreed on the necessity of the surgery, and that the industrial injury was a contributing factor to the current need for surgery.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderApplicantDefendantIndustrial InjuryBack InjuryLocation ScoutSpinal SurgeryTreating Physician
References
2
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