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

Case No. ADJ10192587
Regular
Dec 27, 2017

TIMOTHY WILCOX vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involved a workers' compensation claim where the applicant, Timothy Wilcox, sought benefits for an abdominal injury sustained while lifting. The defendant contested the 50-pound lifting restriction recommended by the applicant's Qualified Medical Examiner (PQME), Dr. Fearer. The Appeals Board upheld the WCJ's decision, finding Dr. Fearer's medical opinion to be substantial evidence, even though it changed significantly. The Board adopted Dr. Fearer's reasoning that the 50-pound restriction, supported by applicant's credible testimony and affecting his ability to perform his firefighter duties, justified an increased permanent disability rating.

workers' compensationPetition for ReconsiderationQualified Medical ExaminerPQMEwhole person impairmentWPIlifting restrictioninternal herniasmall bowel resectionAlmaraz/Guzman
References
5
Case No. MISSING
Regular Panel Decision
Oct 29, 1987

Claim of Muzio v. City of Albany

In 1985, a laborer for the City of Albany sustained severe chest and leg injuries in a motor vehicle accident, leading him to seek workers' compensation benefits. The claim was contested by the employer, who argued the claimant refused available light work and voluntarily left the job market. Medical testimonies from Dr. John Fortune and Dr. Dominic Belmonte established that the claimant was restricted to light duties, specifically prohibiting heavy lifting. The Workers' Compensation Board affirmed the claimant's benefits, determining he had a moderate partial disability and that the work offered by the employer exceeded the medical restrictions. The Appellate Division affirmed the Board's decision, finding substantial evidence that the employer's "light duty" tasks, including lifting 50-pound salt bags, were beyond medical limitations, and therefore, the claimant's refusal did not constitute a voluntary removal from the labor market.

Workers' CompensationMotor Vehicle AccidentChest InjuriesLeg InjuriesModerate Partial DisabilityLight Duty RefusalVoluntary Removal from Labor MarketMedical RestrictionsEmployer AppealBoard Affirmation
References
2
Case No. CV-23-0674
Regular Panel Decision
Jun 20, 2024

In the Matter of the Claim of Ronald Winkelman

Ronald Winkelman, a claimant in a workers' compensation case, sustained work-related injuries in 2000 and 2018. Following the 2018 injury, he received treatment and was assessed with a temporary partial disability, leading to lifting restrictions. After his employer could not accommodate these restrictions and terminated him, Winkelman secured per diem employment. The employer and its carrier alleged a violation of Workers' Compensation Law § 114-a, claiming Winkelman made false statements regarding his work activities while receiving benefits. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found no such violation, concluding that Winkelman's activities, including assisting his spouse, did not exceed his medical restrictions. The Board also determined that Winkelman was entitled to a reduced earnings award, finding he demonstrated attachment to the labor market. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding it supported by substantial evidence and noting the Board's role as the sole arbiter of witness credibility.

Workers' Compensation Law § 114-aFraud AllegationReduced Earnings AwardTemporary Partial DisabilityIndependent Medical ExaminationBoard Decision AffirmationWitness CredibilitySubstantial EvidenceAppellate ReviewLabor Market Attachment
References
14
Case No. MISSING
Regular Panel Decision

Kirkendall v. United Parcel Service, Inc.

The case involves William Kirkendall and other UPS employees suing UPS under the Americans with Disabilities Act (ADA) after suffering back and other injuries due to a policy change requiring lifting heavier packages. Plaintiffs allege UPS refused accommodations. The court first addresses UPS's motion to dismiss for lack of jurisdiction, arguing the ADA claim should go to arbitration per the Collective Bargaining Agreement (CBA). The court, citing Alexander v. Gardner-Denver Co., denies this motion, stating that individual statutory rights under the ADA are not waived by a CBA. The court then considers UPS's motion for summary judgment, arguing Kirkendall is not disabled under the ADA or cannot perform essential job functions. The court finds Kirkendall's degenerative disk disease and associated lifting and sitting limitations (e.g., inability to lift over 30 lbs, sit for more than 3 hours) do not constitute a 'substantial limitation' of a 'major life activity' as defined by the ADA, nor has he shown he is restricted from a class or broad range of jobs. Therefore, the court grants summary judgment to UPS, dismissing the complaint.

Americans with Disabilities Act (ADA)Disability DiscriminationReasonable AccommodationSummary JudgmentArbitration ClauseCollective Bargaining Agreement (CBA)Statutory RightsContractual RightsSubstantial LimitationMajor Life Activity
References
30
Case No. ADJ1834869
Regular
Feb 10, 2014

GREGORY CLEVELAND vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding permanent disability (PD) awarded to the applicant. The Board adopted the findings of the administrative law judge, noting the defendant's failure to cross-examine the rater on the calculation of PD, which included instructions to consider overlap of heavy lifting. Furthermore, the Board admonished the defendant for attaching documents to its petition in violation of board rules. The applicant was awarded PD based on restrictions from heavy lifting for his cervical spine and right shoulder.

WORKERS' COMPENSATION APPEALS BOARDCITY OF LOS ANGELESPERMISSIBLY SELF-INSUREDPETITION FOR RECONSIDERATIONDENIEDRATING INSTRUCTIONSOVERLAPVERY HEAVY LIFTINGAPPORTIONMENTLABOR CODE §4664
References
2
Case No. MISSING
Regular Panel Decision

Claim of Peziol v. Vaw of America

The claimant, a millhand with a pre-existing severe arthritic spinal condition and a 20-pound lifting restriction since October 1992, sustained a back injury in June 1994 while lifting aluminum pipes, rendering him totally disabled. The Workers' Compensation Board ruled that the claimant's disability was causally related to a work-related accident and awarded benefits. The employer contested this decision, arguing for apportionment due to the pre-existing condition. However, the court found substantial evidence supporting the Board's decision, noting that the claimant was able to perform his duties despite the pre-existing condition until the work-related injury. Consequently, the court affirmed the Board's decision, concluding that apportionment did not apply.

Workers' CompensationSpinal InjuryPre-existing ConditionCausally Related DisabilityApportionmentMillhandLifting RestrictionTotal DisabilityAppellate DecisionSubstantial Evidence
References
5
Case No. CV-23-0674
Regular Panel Decision
Jun 20, 2024

Matter of Winkelman v. Sumitomo Rubber USA

Claimant Ronald Winkelman sustained work-related injuries in 2000 and 2018 while working for Sumitomo Rubber USA. After the second injury, he sought treatment and was found to have a temporary disability, leading to a note with lifting restrictions. When the employer couldn't accommodate, he was told not to return. He subsequently worked per diem jobs and filed for awards. The carrier suspended payments and alleged a Workers' Compensation Law § 114-a violation, arguing claimant made false statements about his activities and employment. The Workers' Compensation Board affirmed the WCLJ's finding that no violation occurred and that claimant was entitled to reduced earnings, concluding that observed activities were not proven to exceed restrictions and sporadic assistance to his spouse was not an intentional misrepresentation. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Workers' CompensationTemporary DisabilityReduced EarningsFalse StatementMisrepresentationIndependent Medical ExaminationSurveillance VideoLabor Market AttachmentAppellate ReviewSubstantial Evidence
References
13
Case No. MISSING
Regular Panel Decision
Aug 13, 2012

Hart v. Astrue

Plaintiff Robert L. Hart appealed the denial of his Supplemental Security Income (SSI) benefits application. The District Court, reviewing a Magistrate Judge's Report and Recommendation, reversed the Commissioner of Social Security's decision. Senior District Judge Thomas J. McAvoy found that the Administrative Law Judge erred by not affording controlling weight to the plaintiff's treating physician's opinion, which restricted heavy lifting to under 15 pounds, contradicting the ALJ's finding that the plaintiff could occasionally lift 20 pounds. Furthermore, the ALJ improperly afforded minimal weight to a non-medical disability analyst's opinion and failed to consult a vocational expert despite evidence of non-exertional limitations. The case was remanded for further proceedings to correctly assess the plaintiff's residual functional capacity.

Disability BenefitsSocial Security ActALJ ErrorTreating Physician RuleResidual Functional CapacityVocational ExpertNon-Exertional LimitationsMedical OpinionRemandDistrict Court Review
References
32
Case No. 2018 NY Slip Op 05102 [163 AD3d 1449]
Regular Panel Decision
Jul 06, 2018

Matter of Lift Line, Inc. (Amalgamated Tr. Union, Local 282)

This case involves an appeal to the Appellate Division, Fourth Department, concerning an arbitration award related to an employee's termination. The Supreme Court had partially vacated an arbitrator's decision to reinstate a grievant with back pay and benefits, reimposing the original penalty of employment termination. The Appellate Division reviewed whether the arbitrator's award was irrational or exceeded his power under CPLR 7511 (b) (1) (iii), considering a collective bargaining agreement's "just cause" provision and an attendance policy. The court found that the arbitrator's determination, which considered the specific facts of the grievant's one-minute tardiness, offered a "colorable justification" and was not irrational. Consequently, the Appellate Division reversed the Supreme Court's order, denied the petition to vacate, granted the application to confirm, and fully confirmed the arbitration award.

Arbitration AwardCollective Bargaining AgreementEmployee TerminationJust Cause StandardAttendance PolicyJudicial Review of ArbitrationCPLR Article 75Appellate Division DecisionLabor DisputeReinstatement with Back Pay
References
13
Case No. VNO 0461030
Regular
Nov 30, 2007

CHRISTOPHER MENDEZ vs. GRAY LIFT, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings to determine the general employer's (Lyon Lift, Inc.) potential liability for the applicant's injury. This is to address whether Lyon had duties under workplace safety laws (Labor Code sections 6400-6404) and if its negligence, if any, contributed to the injury caused by a defective saw provided by the special employer. The Board will then determine if Lyon is entitled to a third-party credit for the applicant's settlement based on its own negligence and established credit principles.

Workers' Compensation Appeals BoardThird-party creditGeneral employerSpecial employerImputation of negligenceLabor Code sections 6400-6404Workplace safetyPrimary employerSecondary employerDual employment
References
5
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