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Case Law Database

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

Case No. 534614
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Joseph Marcellino

The case involves an appeal from a Workers' Compensation Board decision concerning claimant Joseph Marcellino's eligibility for a schedule loss of use (SLU) award for permanent injuries to his left elbow and left thumb. Following an April 2015 accident, Marcellino had established claims for multiple injuries, undergoing surgery in 2016. Conflicting medical opinions arose between his treating orthopedic surgeon, Dimitro Christoforou, who assessed significant SLU percentages, and the carrier's orthopedic surgeon, Peter Spohn, who found minimal or no SLU for the left hand, wrist, and thumb. A Workers' Compensation Law Judge (WCLJ) credited Spohn's opinion, awarding 15% SLU for the left wrist but no permanency for the left elbow or left thumb. The Workers' Compensation Board affirmed this decision. On appeal, the Appellate Division, Third Judicial Department, affirmed the Board's decision, reiterating that the Board has the discretion to resolve conflicting medical opinions and reject medical evidence even without opposing proof, finding their determination supported by substantial evidence.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsCredibility AssessmentAppellate DivisionWorkers' Compensation BoardOrthopedic InjuriesElbow Injury
References
7
Case No. ADJ8208920
Regular
Aug 16, 2012

TROY HUGHES vs. SHIMMICK CONSTRUCTION COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves two distinct industrial injuries to applicant's left shoulder and right wrist. The defendant appealed an award of temporary disability, arguing the injuries and their periods of disability overlapped. The Board affirmed the award of temporary disability for the left shoulder, commencing August 20, 2010, for up to 104 weeks. Credit was granted for 2.5 weeks of previously paid temporary disability for the right wrist against the left shoulder award. The Board adopted the Arbitrator's reasoning regarding distinct injuries and periods of disability.

Workers' Compensation Appeals BoardIndustrial InjuryLeft ShoulderRight WristCollective Bargaining AgreementLabor Code Section 3201.5Findings and AwardTemporary Disability IndemnityPetition for ReconsiderationArbitrator
References
0
Case No. MISSING
Regular Panel Decision

Claim of Mickelson v. Value Construction

Claimant, a carpenter, sought workers' compensation benefits for a left wrist injury in April 2013. The Workers' Compensation Board initially ruled the claim time-barred but later rescinded that decision, establishing the claim with a disablement date of May 6, 2013, corresponding to the diagnosis of a work-related ligament injury and arthritis. The employer and carrier appealed this decision. The Appellate Division, Third Department, affirmed the Board's finding regarding the timely filing and date of disablement, noting it was supported by substantial evidence, despite the claimant's earlier symptoms. However, the Court found that the Board failed to address a previously raised issue concerning whether the left wrist injury was consequentially related to a 2003 right wrist injury. Consequently, the Court modified the Board's decision by remitting the matter for further proceedings to address this unadjudicated issue.

Workers' CompensationTimeliness of ClaimDate of DisablementOccupational DiseaseLeft Wrist InjuryCarpal Tunnel SyndromeLigament InjuryArthritisMedical DiagnosisRemittal
References
3
Case No. ADJ7785597
Regular
Nov 13, 2012

HORTENCIA GARCIA vs. WHITE APRON, INC., ZURICH NORTH AMERICA

This case concerns an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, affirming the administrative law judge's finding that the applicant did not sustain an industrial injury to her left wrist on August 31, 2010. The Board clarified that Labor Code section 5402's presumption of compensability applies to claims of injury, not to amendments for additional body parts. Crucially, the applicant failed to present substantial medical evidence proving causation for the left wrist injury.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code section 5402Presumption of CompensabilityCompensable ConsequenceSubstantial EvidenceReasonable Medical ProbabilityCausationIndustrial Injury
References
8
Case No. ADJ1479332 (LBO 0371232) ADJ2273080 (LBO 0371234)
Regular
Jul 30, 2009

DINORA GUEVARA vs. BRENTWOOD COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY

In this workers' compensation case, the applicant sought reconsideration of a decision regarding her left wrist injury. While the applicant did not dispute a finding of no industrial injury to her left upper extremity and shoulder, she contested the $5\%$ permanent disability awarded for her wrist injury. The administrative law judge initially agreed there was an error, suggesting a $4\%$ rating was appropriate, but the Appeals Board found that correcting the permanent disability rating involved a judicial function. Therefore, the Board rescinded the original decision and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Upper ExtremityLeft ShoulderLeft WristPermanent DisabilityReconsiderationFindings and AwardAdministrative Law JudgeReport and Recommendation
References
0
Case No. ADJ7902052
Regular
Mar 04, 2014

SHARON TEDFORD vs. SUPERIOR COURT COUNTY OF SAN BERNARDINO, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case involves a workers' compensation applicant seeking reconsideration of a decision that found injury to her right shoulder, elbow, and hand, resulting in 34% permanent disability. The applicant contended the permanent disability rating was too low and that injury to her right wrist and left shoulder was improperly denied. The Appeals Board granted reconsideration, adopting the WCJ's report to correct a rating calculation error, increasing the permanent disability to 35%. The Board affirmed the denial of injury to the right wrist and left shoulder, finding substantial evidence supported the original determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingIndustrial InjuryAOE/COERight Shoulder InjuryRight Wrist InjuryLeft Shoulder InjuryPermanent Disability Schedule
References
6
Case No. ADJ15488463
Regular
Nov 03, 2025

KRISHNA SRIVASTAVA vs. DIGNITY HEALTH MEDICAL FOUNDATION- MERCY MEDICAL GROUP

Defendant petitioned for reconsideration of the Findings of Fact, Awards and Orders (FA&O) concerning an industrial left wrist injury and the calculation of permanent partial disability indemnity. The Appeals Board granted reconsideration, adopting the Workers' Compensation Judge's (WCJ) recommendation to correct an error in the permanent partial disability calculation. The Board affirmed the finding of industrial injury to the left wrist, supported by the applicant's credible testimony, and amended the FA&O to reflect 24% permanent partial disability, awarding $27,695.00 in indemnity and $4,154.25 in attorney's fees.

Workers' Compensation Appeals BoardDignity Health Medical FoundationMercy Medical GroupAdjudication NumberPetition for ReconsiderationFindings of Fact Awards and OrdersWorkers' Compensation JudgePermanent Partial DisabilityIndustrial InjuryAgreed Medical Evaluator
References
4
Case No. ADJ7261546
Regular

MARICELA CASTANEDA vs. HUGHSON NUT COMPANY, MAJESTIC INSURANCE COMPANY, TECHNOLOGY COMPANY

This case concerns applicant Maricela Castaneda's petition for reconsideration of a Workers' Compensation Appeals Board decision. The applicant sought benefits for injuries to her left wrist, low back, abdomen, and psyche, but the trial judge limited the compensable injuries to the left wrist and low back. The petition argued that the medical evidence regarding permanent disability and psychological causation was insufficient. The Board denied reconsideration, adopting the WCJ's report, which found the applicant's challenges to the medical evidence lacked merit and highlighted issues with the applicant's credibility. The Board also admonished applicant's counsel for a procedural filing error.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical ExaminerPQMEorthopedicpsychologicalcausationsubstantial medical evidencepermanent disabilityapportionment
References
2
Case No. 2024 NY Slip Op 00831 [224 AD3d 1051]
Regular Panel Decision
Feb 15, 2024

Matter of Golisano v. ABX Innovative Packaging Solutions LLC

The claimant, Jason R. Golisano, filed for workers' compensation benefits in August 2021 for injuries to his left wrist and hand. A Workers' Compensation Law Judge (WCLJ) established the claim for a left wrist injury. The employer and its carrier (appellants) sought review of this decision by the Workers' Compensation Board, but their application was filed beyond the 30-day limit. The Board denied the application as untimely, and the carrier appealed. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the untimely application, despite the carrier's arguments regarding a short delay and the COVID-19 pandemic.

Workers' CompensationTimelinessApplication for ReviewBoard DiscretionAppellate ReviewCOVID-19Procedural IssueWCLJ DecisionEmployer-Carrier AppealNew York Law
References
4
Case No. ADJ1513511
Regular
Sep 21, 2015

RIZALINA DERRO vs. KAISER PERMANENTE, WEST ANAHEIM MEDICAL CENTER, TERRACE VIEW CONVALESCENT HOSPITAL, COVENANT CARE, SOUTH GATE CARE CENTER, BROADSPIRE, SUN HEALTH CARE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sun Health Care/Regency and CNA Claims Plus liable for the applicant's left wrist injury. The applicant sustained a cumulative trauma injury to her left wrist during the period of 11-1-1995 to 11-1-1996, while employed by both Covenant Care (insured by AIG) and Sun Health Care (insured by CNA). A previous Compromise and Release barred claims against Covenant Care and AIG, leaving Sun Health Care and CNA liable. The Board adopted the WCJ's report, which relied on medical evidence and legal precedent to uphold the finding of industrial injury and liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCumulative TraumaLeft Wrist InjuryCarpal Tunnel SyndromeCompromise and ReleaseApportionmentDate of InjuryMedical Probability
References
0
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