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

Case No. ADJ1232266 (RIV 0075781) ADJ3649405 (RIV 0075782)
Regular
Jan 24, 2017

MARY SAUNDERS vs. SYNERGY THERAPY, INC., TRAVELERS INDEMNITY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the defendant's challenge to the applicant's insomnia award. The WCAB found that while the applicant's insomnia was industrially caused, the treating physician's report lacked substantial evidence regarding the 10% whole person impairment rating. Therefore, the WCAB amended the award to defer the permanent disability finding for insomnia and returned the case to the WCJ for further development of the record.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardSpecific InjuryCumulative TraumaPermanent DisabilityFuture Medical TreatmentSubstantial EvidenceQualified Medical EvaluatorInsomnia
References
5
Case No. SAC 0259091
Regular
Aug 22, 2007

MARK COLLEN vs. NATIONWIDE INSURANCE, EMPLOYERS INSURANCE OF WAUSAU

The Workers' Compensation Appeals Board (WCAB) dismissed the defendants' petition for reconsideration as it was not filed from a final order, and subsequently denied it on its merits. The WCAB reaffirmed its prior decision to appoint a regular physician, Dr. Roy Curry, to further develop the medical record regarding the applicant's insomnia. The defendants' arguments regarding due process and abuse of power were rejected.

Petition for ReconsiderationLabor Code section 5701regular physicianappointed physicianmedical record developmentdenied due processQualified Medical Evaluators (QME)vocational attemptpsychiatric work functionsfinal order
References
0
Case No. ADJ1371205 (VNO 0557310)
Regular
Mar 10, 2011

VICTOR LOPEZ vs. GREYSTONE MANAGEMENT, ZENITH INSURANCE COMPANY

This case concerns a lien claimant, Unicare Diagnostic Center, seeking payment for sleep studies related to an applicant's claimed industrial injuries. The applicant settled their primary claim via Compromise and Release, but Unicare's lien remained unresolved. The trial judge ruled against the lien claimant, finding the insomnia claim non-industrial and the sleep studies medically unnecessary. The Appeals Board affirmed this decision after reconsideration, adopting the trial judge's reasoning.

Compromise and ReleaseLien ClaimantUnicare Diagnostic CenterIndustrial InjuryChestEarNoseHandsWristsHeadaches
References
0
Case No. ADJ16131890
Regular
Oct 13, 2025

VERONICA JIMENEZ vs. ABM INDUSTRIES, ESIS CHATSWORTH

The applicant, Veronica Jimenez, sought reconsideration of a June 20, 2025 Findings of Fact and Award which found injuries to several body parts but not to the psyche or insomnia. Applicant contended that the QME report was not substantial medical evidence, proposed exhibits were excluded, and a sub rosa video should be stricken. The Appeals Board granted the petition for reconsideration and issued a Notice of Intention to rescind the arbitrator's decision, citing issues with the completeness of the arbitration record and due process concerns.

Carve-out casesPetition for reconsiderationSubstantial medical evidenceSub rosa videoAuthenticationReport on reconsiderationElectronic Adjudication Management SystemLabor Code section 5909TimelinessNotice of transmission
References
9
Case No. ADJ1497797 (OAK 0293880)
Regular
Jan 13, 2011

IRWIN FRIEDMAN vs. FRANK ROMBAUER CELLAR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed the judge's findings regarding industrial injury to the applicant's respiratory system, eyes, throat, psyche, and resulting chronic fatigue and insomnia. The Board agreed the applicant's permanent disability rating of 61% was supported by the evidence and rejected the applicant's argument that he was unable to compete in the open labor market. However, the Board deferred the Employment Development Department's lien and amended the permanent disability indemnity rate to $185.00 per week.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityIndustrial InjuryRespiratory SystemEyesThroatPsycheChronic FatigueInsomnia
References
4
Case No. 2020 NY Slip Op 05275 [187 AD3d 1282]
Regular Panel Decision
Oct 01, 2020

Matter of Rivenburg v. County of Albany

Claimant, a correction officer, sought workers' compensation benefits for mental health injuries, including PTSD, anxiety, insomnia, and depression, following incidents where inmates threatened his family and a colleague became aggressive. The Workers' Compensation Board disallowed the claim, finding no compensable injury, as the stress experienced was not greater than that of other similarly situated correction officers. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant did not sustain a compensable injury because the work-related stress was not beyond what is normally experienced in that profession.

Workers' CompensationMental Injury ClaimPost-Traumatic Stress Disorder (PTSD)Correction OfficerWork-Related StressSubstantial Evidence ReviewCompensabilityNormal Work EnvironmentEmotional DistressAppellate Review
References
5
Case No. CV-24-0453
Regular Panel Decision
Oct 09, 2025

In the Matter of the Claim of Henry Cho

Claimant Henry Cho appealed a decision by the Workers' Compensation Board disallowing his request to amend an established claim for chemical sensitivity to include consequential psychological injuries. Cho alleged that anxiety, depression, and insomnia resulted from fear of returning to his original work location and harassment by his supervisor. However, the Board found no direct or natural causal relationship, noting that an accommodation for his work location had been approved. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the psychological injuries were not a direct consequence of the chemical sensitivity or the alleged harassment.

Consequential InjuriesPsychological ConditionsChemical SensitivityCausal RelationshipSubstantial EvidenceHarassmentWork-Related StressBoard DeterminationMedical EvidenceAppellate Division
References
10
Case No. ADJ9402316
Regular
Aug 02, 2019

OSCAR SANDOVAL vs. THE STRIP JOINT, INC., STATE COMPENSATION INSURANCE FUND

This case involves applicant Oscar Sandoval seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that denied his claim for injury to his head, jaw/teeth, psyche, and sleep disorder. The WCAB denied reconsideration, affirming the WCJ's finding that the medical reports submitted by applicant's physicians lacked substantial evidence. Specifically, the WCAB found that Dr. Schames' report was based on an inadequate medical history, Dr. Reichwald's report was internally inconsistent and lacked review of sufficient medical records, and Dr. Saeid's report did not sufficiently explain his diagnosis of insomnia.

AOE/COEPetition for ReconsiderationFindings and AwardWCJmedical-legal reportssubstantial evidenceorthopedicpsychologicalinternal medicinecervical spine
References
9
Case No. ADJ2804761 (LAO0886335)
Regular
Jun 13, 2014

RUBEN PEREZ ARAUJO vs. CENTIMARK CORPORATION, ARCH INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contentions regarding the applicant's Petition to Reopen. The Board found no good cause to reopen the claim for new and further disability related to the applicant's left upper extremity, left lower extremity, insomnia, urological, or internal conditions. This decision was based on the applicant's failure to present substantial evidence of new and further disability beyond what was previously adjudicated or known at the time of the initial award. However, the Board noted that the employer's liability for medical treatment for these conditions may still exist, irrespective of disability findings.

Workers' Compensation Appeals BoardPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 5410Agreed Medical ExaminerFindings and AwardInsomniaUrological IssuesInternal Systems
References
3
Case No. MISSING
Regular Panel Decision

Claim of Coleman v. Schenectady County Department of Social Services

A child support investigator filed for workers' compensation benefits, claiming work-related stress caused anxiety, migraines, hypertension, and insomnia. The employer's failure to file a prehearing conference statement led the Workers’ Compensation Law Judge to establish the claim, which the Workers’ Compensation Board affirmed. On appeal, the court determined that the claimant still needed to prove the stress was greater than that experienced by similarly situated workers. The submitted medical reports lacked this evidence. Consequently, the court reversed the Board's decision and remitted the case for further proceedings to develop the record on the compensability issue.

Workers' CompensationStress ClaimWork-Related InjuryWaiver of DefensesPrehearing ConferenceSubstantial EvidenceMedical ReportsAppellate ReviewRemittalAnxiety
References
7
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