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

Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. SAC 256953, SAC 256954, SAC 256955
Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

This case involves cross-petitions for reconsideration concerning an applicant's workers' compensation claims for upper back/neck, low back, and upper extremity injuries sustained as an airport shuttle driver. The Appeals Board granted both applicant's and defendant's petitions, largely affirming the WCJ's findings but amending several clerical and factual errors. Key amendments include correcting defendant identification, clarifying stipulation regarding the low back injury, adjusting attorney fees and liens, and crediting EDD payments against temporary disability indemnity.

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma
References
0
Case No. ADJ466190 (STK 0151971) ADJ1336532 (STK 0151973) ADJ2603667 (STK 0151974)
Regular
Apr 21, 2009

Rosie Matz vs. GALT JOINT UNION ELEMENTARY SCHOOL

This case involves Rosie Matz seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding a May 8, 1997 injury. The WCJ awarded 17% permanent disability for a low back and neck injury but found no permanent disability for a May 16, 1995 low back injury. Matz contended the WCJ erred by not awarding permanent disability for a claimed left knee injury sustained in the 1997 incident. However, the WCAB denied reconsideration because prior final determinations had already established that Matz did not sustain industrial injury to her knees. Therefore, the issue of knee injury was precluded from further litigation under the doctrine of law of the case.

Rosie MatzGalt Joint Union Elementary SchoolPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLow Back InjuryNeck InjuryLeft Knee InjuryCumulative Trauma
References
1
Case No. SAC 0342537, SAC 0365636
Regular
Aug 04, 2008

JUDY HAMILTON vs. PLACER COUNTY WATER AGENCY, DISCOVER PROPERTY & CASUALTY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, finding the WCJ inadvertently omitted a finding of industrial injury to the applicant's low back within the cumulative trauma. While upholding the denial of a specific low back injury claim, the Board corrected the cumulative trauma finding to include the low back. Furthermore, the Board removed the 50% apportionment of permanent disability for the low back due to insufficient medical evidence, ultimately increasing the applicant's permanent disability award.

Cumulative TraumaApportionmentCausationPermanent DisabilityLabor Code Section 4663Dr. YashrutiDr. GlanczWCJPetition for ReconsiderationFindings and Award
References
4
Case No. 534955
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Victor Martinez

Victor Martinez, a construction worker, was injured on November 11, 2020, when his right hand was caught between a cantilever pin and a concrete post. He filed a claim for workers' compensation benefits, including injuries to his neck and back, in addition to his right upper extremity. A Workers' Compensation Law Judge (WCLJ) initially established the claim only for injuries to his right forearm and wrist, disallowing the neck and back claims. However, the Workers' Compensation Board modified this determination, amending the claim to include the neck and back injuries. The employer and its workers' compensation carrier appealed the Board's decision, arguing against the causal relationship of the neck and back injuries. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding it supported by substantial evidence and deferring to the Board's assessment of medical witness credibility and its factual findings.

Construction InjuryWorkers' Compensation BenefitsCausality DeterminationNeck and Back InjuriesSubstantial EvidenceMedical Opinion CredibilityAppellate ReviewWork AccidentBoard Decision AffirmationOrthopedist Testimony
References
8
Case No. MISSING
Regular Panel Decision

Claim of Sale v. Helmsley-Spear, Inc.

Claimant, an electrician, sought workers' compensation benefits for neck, back, and right shoulder injuries allegedly sustained during employment. Despite an initial ruling favoring some claims, a Workers' Compensation Board panel later required additional medical evidence for the neck injury. The claimant failed to provide the necessary proof, leading to the disallowance of claims for neck and back injuries. The Board affirmed this decision and denied reconsideration. The appellate court upheld the Board's findings, emphasizing the claimant's unmet burden to establish a causal relationship between the injuries to his neck and back and his employment through competent medical evidence.

Workers' Compensation BenefitsCausal RelationshipMedical EvidenceNeck InjuryBack InjuryShoulder InjuryAppellate ReviewBurden of ProofReconsideration DeniedBoard Decision Affirmed
References
2
Case No. MISSING
Regular Panel Decision

Claim of Mandziara v. Lowe's Home Centers

In 1995, the claimant suffered a back injury in Pennsylvania, leading to a workers' compensation claim. After multiple surgeries, symptoms were resolved by June 2001. In May 2003, while working for Lowe's Home Centers in Broome County, the claimant re-injured their back, initiating a new claim. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board ruled that apportionment did not apply to the workers' compensation award. The appellate court affirmed this decision, holding that apportionment is a factual issue and the Board's determination was supported by substantial evidence. The court highlighted the claimant's asymptomatic period of over 14 months prior to the 2003 injury.

Workers' CompensationApportionmentBack InjuryPrior InjurySubstantial EvidenceAsymptomatic PeriodMedical OpinionCausal RelationshipAppeal
References
6
Case No. ADJ8883423; ADJ11327965
Regular
Feb 21, 2023

MICKEY THORNTON vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION, ALASKA NATIONAL INSURANCE COMPANY, LASSEN MUNICIPAL UTILITY DISTRICT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the finding of "new and further disability" to the applicant's low back stemming from a 2013 cervical spine injury. The Board found the current medical evidence insufficient to establish a causal link between the 2013 injury and the low back condition. Therefore, the issue of new and further low back disability is deferred for further development of the record with substantial medical evidence. The Board stressed its duty to ensure substantial justice by not leaving undeveloped matters.

New and further disabilityReconsiderationStipulated awardAgreed medical evaluatorSubstantial evidenceMedical opinionRecord developmentCervical spineLow back injuryApportionment
References
5
Case No. ADJ7547124
Regular
Mar 27, 2017

JORGE VENCES vs. BORBON INC, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying a low back injury claim. The Board found that the Agreed Medical Examiner's deposition testimony, acknowledging a probable contribution of continuous work to the applicant's low back condition, constituted substantial evidence of injury arising out of and occurring in the course of employment. Consequently, the prior findings were rescinded, and a new finding establishing injury AOE/COE to the applicant's low back was substituted. All other issues were deferred.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeCumulative Trauma InjuryAgreed Medical ExaminerSubstantial EvidenceAOE/COEInjury to Low BackAggravation of Preexisting Condition
References
10
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