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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
May 08, 1984

Claim of Pezzolanti v. Green Bus Lines, Inc.

The claimant, a mechanic, suffered a left wrist injury in October 1980 when a loose steering wheel struck his wrist after hitting a pothole. This incident revealed a pre-existing, asymptomatic giant cell tumor in his left radius. Following a biopsy and surgical removal of the tumor on January 8, 1981, the claimant continued to experience pain and disability, necessitating a second surgery in 1982. The self-insured employer challenged the Workers' Compensation Board's decision, arguing against a continued causally related disability beyond the initial surgery date, asserting that the accident did not aggravate the tumor. However, the Board affirmed its decision, supported by medical testimony that while the trauma did not cause or aggravate the tumor itself, it acted upon the pre-existing condition to cause a new, occupationally disabling pain and disability that extended beyond the tumor's surgical removal.

Causally Related DisabilityPre-existing ConditionGiant Cell TumorWork InjuryTrauma AggravationMedical Expert TestimonySurgical ExcisionOccupational DisabilityAppellate ReviewWorkers' Compensation Board Decision
References
3
Case No. SRO 134400, SRO 139130
Regular
Sep 11, 2007

COBY RICHARDS vs. COUNTY OF SONOMA AND G.B. BRAGG AND ASSOCIATES, CITY OF CLOVERDALE AND REMIF

The applicant, a police officer, claimed a cumulative trauma injury resulting in a brain tumor, asserting exposure to x-rays as a known carcinogen under Labor Code section 3212.1. The Appeals Board denied reconsideration, affirming the finding that the applicant did not establish an industrial injury. While acknowledging the applicant's exposure to x-rays, the Board found this exposure did not present a reasonable link to the brain tumor, as per the Agreed Medical Examiner's opinion that only direct radiation to the brain is a known risk factor.

Workers' Compensation Appeals BoardIndustrial injuryAstrocytomaBrain tumorCarcinogenLabor Code section 3212.1Presumption of injuryPeace officerCumulative traumaX-rays
References
7
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
0
Case No. MISSING
Regular Panel Decision
Aug 21, 1981

Claim of Calabretta v. Lanorith

Decedent, a cleaner, struck his head on a locker in February 1978, sustaining a laceration and feeling dazed, but continued working for three months. In May 1978, he was hospitalized for headaches and nausea, where a malignant brain tumor was discovered, which ultimately led to his death in January 1979. The Workers’ Compensation Board ruled that the claimant was entitled to death benefits, finding a causal relationship between the accident and decedent's death. The employer and insurance carrier appealed, conceding a causal link to the disability preceding death, but disputing the connection to the death itself. The court affirmed the Board's decision, citing medical reports and physician testimony indicating that the accident aggravated or accelerated the tumor's progress, thus providing substantial evidence for the Board's finding.

Workers' CompensationCausal RelationshipBrain TumorAggravation of Pre-existing ConditionDeath BenefitsMedical TestimonySubstantial EvidenceAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Apr 25, 1979

Claim of Allen v. American Airlines

This case concerns an appeal by the claimant from a Workers' Compensation Board decision that disallowed a claim related to the death of Robert Allen, an American Airlines copilot. During a company physical in October 1971, an American Airlines physician misinterpreted Allen's chest X-ray as normal, missing a malignant tumor. The tumor was discovered by his private physician in January 1972, leading to surgery; Allen subsequently died in June 1972. The Board concluded that no industrial accident or occupational disease occurred, a finding affirmed by the appellate court. The court reasoned that the initial X-ray was part of a routine physical, not treatment for a work-related injury, thus distinguishing it from precedent cases where employer involvement went beyond mere examination.

MisdiagnosisX-ray interpretationMalignant carcinomaOccupational diseaseIndustrial accidentRoutine physical examEmployer liabilityWorkers' Compensation BoardAppellate reviewMedical negligence
References
6
Case No. MISSING
Regular Panel Decision

McSpadden v. General Motors Corp.

The case concerns a motion for reconsideration filed by defendants General Motors Corporation and a union after the court denied their previous motion for summary judgment. The plaintiff was dismissed from his job in April 1984 and filed suit in January 1985, before being formally notified in September 1985 that his grievance had been withdrawn. Initially, the court found that requiring the plaintiff to exhaust intra-union remedies would cause unreasonable delay. However, upon reconsideration, the court determined that the plaintiff's complaint was prematurely filed, as his cause of action accrued only after the grievance withdrawal notification. The court also concluded that the available intra-union procedures could provide an adequate remedy without unreasonable delay. Consequently, the defendants' motion for summary judgment was granted, and the plaintiff's complaint was dismissed in its entirety.

Summary JudgmentReconsiderationGrievance ProcedureExhaustion of Administrative RemediesPremature FilingCause of Action AccrualIntra-union RemediesWrongful TerminationLabor LawFederal Court
References
5
Case No. MISSING
Regular Panel Decision

Claim of Perry v. Georgia Pacific Corp.

Claimant, a machine operator, sustained a head injury at work on July 5, 1988. Two months later, he developed swelling and was subsequently diagnosed with a benign meningioma tumor, which was surgically removed on April 2, 1989. The Workers’ Compensation Board determined that the trauma aggravated a preexisting lesion, necessitating surgery and establishing a causally related disability, thereby reversing a Workers’ Compensation Law Judge's decision. The employer appealed this finding, contending a lack of substantial evidence. The Appellate Division affirmed the Board's decision, finding that the testimony of claimant's physician, George Boolukos, provided substantial evidence to support the causal relationship between the head trauma and the tumor, despite conflicting medical opinions from the employer's experts, Martin Flanagan and Fiaz Choudhri.

Head TraumaTumorMeningiomaCausationMedical Opinion ConflictSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardAggravation of Preexisting ConditionSurgery
References
5
Case No. MISSING
Regular Panel Decision

New York Times Co. v. City of New York Fire Department

Petitioners, the New York Times Company and Jim Dwyer, initiated a CPLR article 78 proceeding and declaratory judgment action seeking the disclosure of records from the Fire Department of the City of New York (FDNY) under the Freedom of Information Law (FOIL), related to the events of September 11, 2001. Their request included oral histories of FDNY personnel and radio communications. The FDNY denied parts of the request, citing exemptions for law enforcement purposes, intra-agency materials, and personal privacy. The court ruled that the FDNY failed to demonstrate the applicability of the law enforcement exemption. Consequently, the court ordered the disclosure of factual portions of the oral histories, the 911 tapes and transcripts of family members who waived privacy, and non-intra-agency parts of operator, dispatcher, and unit communications, while denying petitioners' request for attorneys' fees.

Freedom of Information LawFOILPublic RecordsSeptember 11World Trade CenterFDNYOral HistoriesRadio CommunicationsPrivacy ExemptionLaw Enforcement Exemption
References
14
Case No. VNO 0456809
Regular
Oct 02, 2007

JAVAD BASSIRY, vs. AMERICAN RESIDENTIAL SERVICES; ZURICH NORTH AMERICA

This case involves Javad Bassiry's workers' compensation claim for injuries sustained as a plumber tech. The Appeals Board granted reconsideration to amend a finding of fact regarding the specific body parts injured. Ultimately, the Board affirmed the original decision but with the clarified finding of injury to the applicant's left shoulder, neck, left arm, left wrist, and lower abdominal muscle.

Javad BassiryAmerican Residential ServicesZurich North AmericaVNO 0456809ReconsiderationJuly 30 2007Plumber techOccupational Group No. 481March 8 2002Left shoulder
References
0
Case No. MISSING
Regular Panel Decision

People v. Figueroa-Norse

The defendant appealed a judgment from the Jefferson County Court convicting her of assault in the second degree and endangering the welfare of a child, following severe injuries to her foster child. The victim suffered a head injury, resulting in a coma and paralysis, and an abdominal injury, both requiring surgery. The defendant's statements to police were deemed voluntary, despite claims of Miranda violations and coercion. The appellate court rejected arguments regarding jury selection, legal sufficiency, and the weight of the evidence. The judgment of conviction was unanimously affirmed.

Criminal LawAssaultChild EndangermentMiranda RightsJury SelectionSufficiency of EvidenceWeight of EvidenceAppellate ReviewFoster ChildHead Injury
References
20
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