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

Case No. ADJ3203306 (LAO 0871862)
Regular
Jul 13, 2011

Vanessa Bruce vs. SOUTHWEST HEALTHCARE MEDICAL, TRAVELERS

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that found industrial injury to the lumbar spine but denied injury to the internal systems and sleep disorder. The applicant argued the WCJ erred by ignoring a stipulation for injury to the left lower extremity, hip, and buttocks, and by rejecting evidence of an industrially-caused sleep disorder. The WCAB granted reconsideration, amended the findings to include injury to the left lower extremity, left hip, and buttocks, but otherwise affirmed the original decision, finding no industrial basis for the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLumbar SpineInternal SystemsSleep DisorderLeft Lower ExtremityLeft HipButtocks
References
2
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
1
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
4
Case No. 2021 NY Slip Op 01018 [191 AD3d 548]
Regular Panel Decision
Feb 16, 2021

Matter of Tenants United Fighting for the Lower E. Side v. City of New York Dept. of City Planning

The Appellate Division reversed a lower court order that had annulled approvals by the New York City Planning Commission (CPC) for new building constructions. The Supreme Court had initially granted petitions from Tenants United Fighting for the Lower East Side and Lower East Side Organized Neighbors. The appellate court held that the Supreme Court should have deferred to the CPC's reasonable interpretation of the New York City Zoning Resolution (ZR). Specifically, the Appellate Division clarified that ZR § 78-043's requirement for findings as a condition precedent only applies to modifications granted by special permit or authorization, not to other types of modifications to large-scale residential developments. Consequently, the petitions were denied and the proceedings dismissed.

Zoning ResolutionLarge-Scale Residential DevelopmentCity Planning CommissionAdministrative LawAppellate ReviewJudicial DeferenceStatutory InterpretationArticle 78 ProceedingNYC ZoningUrban Planning
References
7
Case No. MISSING
Regular Panel Decision

Matter of Johnson v. Adams & Associates

In 2009, the claimant sustained a left knee injury at work, leading to an established workers’ compensation claim that was later amended to include other left lower extremity conditions. In 2013, the claimant sought to further amend the claim to include consequential reflex sympathetic dystrophy (RSD) to the left upper extremity. Both a Workers’ Compensation Judge and the Workers’ Compensation Board denied this request, citing a lack of credible medical evidence. The appellate court affirmed the Board’s decision, finding it supported by substantial evidence. The court noted conflicting medical opinions, with independent medical examiners finding no objective signs of RSD, while the claimant’s treating physician made the diagnosis based on subjective complaints. The court also rejected the claimant’s argument that advance payments of compensation estopped the carrier from contesting liability, clarifying that such payments do not preclude other defenses.

Reflex Sympathetic DystrophyRSDLeft Upper ExtremityConsequential InjuryWorkers' Compensation BenefitsMedical EvidenceIndependent Medical ExaminationObjective SignsSubjective ComplaintsEstoppel
References
6
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

Blackburn v. Allied Chemical Corp.

In this worker's compensation case, an employee suffered a compensable injury in 1978, fracturing her left femur. Medical evaluations by orthopedic surgeons Dr. Charles A. Gouffon and Dr. Martin Baker indicated permanent partial disability and the likelihood of future hip replacement surgery, noting the surgical pin protruded into the hip socket and caused further issues beyond the left leg. The employee testified to significant pain and total disability. The trial court awarded permanent total disability, finding the injury extended beyond a scheduled member (left leg) to the body as a whole. The Supreme Court affirmed this decision, concluding there was material evidence to support the finding that the injury and subsequent surgery results were not confined to the left lower extremity, thus justifying an award for disability to the body as a whole.

Worker's CompensationPermanent Total DisabilityFemur FractureHip InjuryOrthopedic SurgeryScheduled Member InjuryBody as a WholeMedical ExaminerSurgical PinAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Duncan v. Boeing Tennessee, Inc.

Lorena Suette Duncan, an employee of Boeing Tennessee, Inc., sustained a left foot and knee injury in 1988. After knee surgery in February 1990, her orthopedic surgeon, Dr. Geron Brown, assessed a 15% disability to her left lower extremity and released her with restrictions. She was subsequently terminated after being unable to perform light-duty work. The trial court awarded Ms. Duncan 75% permanent partial disability to her left leg. Boeing appealed, arguing the evidence preponderated against the verdict and that vocational disability evidence was inadmissible for scheduled member injuries. The Supreme Court affirmed the trial court's judgment, clarifying that vocational disability evidence is indeed admissible as one factor in determining the loss of use of a scheduled member.

Permanent Partial DisabilityScheduled Member InjuryLeft Leg InjuryKnee InjuryVocational Disability EvidenceAdmissibility of EvidenceLoss of Earning CapacityWorkers' Compensation LawOrthopedic SurgeonForklift Operator
References
6
Case No. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
References
3
Case No. ADJ128523 (GOL 0095636) ADJ1378031 (GOL 0095637)
Regular
Oct 10, 2016

MARIA PADILLA vs. DONALD AND LINDA FAREED, ALLSTATE INSURANCE COMPANY c/o SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded a prior award, finding applicant did not sustain industrial injury to her left hip, left knee, right shoulder, or bilateral upper and lower extremities, based on Agreed Medical Examiner opinions. The Board deferred issues of temporary disability, permanent disability, apportionment, and attorney fees for further development of the record. Industrial injury was affirmed for the psyche and previously stipulated body parts, along with medical treatment and reimbursement for expenses. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of Fact and AwardPermanent Total DisabilityApportionmentAgreed Medical Examiner (AME)Independent Medical Examiner (IME)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)Cumulative Trauma (CT)Temporary Disability
References
9
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