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

Case No. ADJ3582743 (STK 0215397)
Regular
Apr 11, 2014

KERI LARSEN vs. MODESTO IRRIGATION DISTRICT

This case concerns defendant Modesto Irrigation District's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge erred in using an incorrect impairment number for calculating permanent disability. The Board amended the award to reflect an 18% permanent disability rating, based on the agreed medical evaluator's opinion regarding lateral epicondylitis and decreased grip, not nerve entrapment. The Board also corrected the finding for future medical treatment to the right arm and elbow, aligning with the amended disability rating.

Workers' Compensation Appeals BoardModesto Irrigation DistrictKerri Larsenpermanent disability ratingAMA GuidesAlmarez-Guzmanstraight ratingReport And Recommendation On Petition For ReconsiderationAgreed Medical EvaluatorAME
References
5
Case No. MISSING
Regular Panel Decision
Sep 22, 1999

Umansky v. Masterpiece International Ltd.

The plaintiff, a receptionist and clerical worker, was terminated by the defendants after being diagnosed with bilateral ulnar nerve entrapment, a condition similar to carpal tunnel syndrome. The plaintiff alleged discrimination based on disability, violating Executive Law § 296 and Administrative Code § 8-107. The defendants contended the termination was due to poor job performance. The Supreme Court denied the defendants' motion for summary judgment, citing a material question of fact regarding whether the disability prevented the plaintiff from performing her job or if there was a legitimate non-discriminatory reason for termination. The appellate court affirmed the Supreme Court's order, upholding the denial of summary judgment.

discriminationdisabilitywrongful terminationsummary judgmenthuman rights lawulnar nerve entrapmentemployment lawappellate reviewmaterial question of factKings County
References
3
Case No. 2018 NY Slip Op 07810
Regular Panel Decision
Nov 15, 2018

Matter of Maunder v. B & B Lbr. Co.

Claimant, Elizabeth A. Maunder, appealed a decision by the Workers' Compensation Board that denied her a schedule loss of use (SLU) award for her arms, related to occupational disease and cubital tunnel syndrome. Her treating orthopedic surgeon, Nathan Everding, opined a 25% SLU for each elbow after revision surgery, despite previous awards for her hands. The Board found Everding's testimony and reports insufficient and inconsistent with the New York State Guidelines for Determining Permanent Impairment, noting his inability to explain the percentage or identify required 'elbow defects' for ulnar nerve entrapment. The Appellate Division affirmed the Board's decision, emphasizing the Board's prerogative to accept or reject medical evidence and the claimant's burden to prove facts supporting her claim, which was not met under the guidelines.

Schedule Loss of UseSLU AwardCubital Tunnel SyndromeBilateral WristsOccupational DiseaseWorkers' Compensation Board DecisionMedical Evidence InsufficiencyPermanent Impairment GuidelinesUlnar Nerve EntrapmentElbow Defects
References
11
Case No. MISSING
Regular Panel Decision
Sep 10, 1997

Reese v. Key Tronic Corp.

Zorena A. Reese filed a diversity action against Ontel Corporation, Key Tronic Corporation, and Lockheed Corporation, alleging personal injuries from using an Ontel keyboard during her employment at New York Telephone Company. She claims to have suffered cumulative trauma injuries (bilateral median nerve entrapment and carpal tunnel syndrome) with symptoms appearing in mid-1990. Defendants moved for summary judgment, arguing her claims were time-barred by the three-year statute of limitations, contending the period began with her first exposure to the keyboard. The Magistrate Judge recommended denying the defendants' motions, distinguishing repetitive stress injuries from toxic torts and stating that the statute of limitations commences upon the first onset of symptoms. The District Court adopted this recommendation, denying the motions and noting a genuine issue of material fact regarding the exact onset date of plaintiff's symptoms.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentAccrual DateToxic Tort DistinctionProduct LiabilityComputer Keyboard InjuryPersonal InjuryDiversity Jurisdiction
References
16
Case No. ADJ3744023
Regular
May 15, 2009

JOSEPH CRABTREE vs. MITCHELL BERMAN CABINET MAKER, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of an award finding an industrial injury to the applicant's abdomen/groin (hernia) and a resulting peripheral nerve injury causing 24% permanent disability. The defendant argued the peripheral nerve injury was not supported and the disability rating was incorrect due to misapplication of the AMA Guides. The Board denied reconsideration, adopting the judge's report and finding that the medical evidence supported the peripheral nerve injury and the AMA Guides were correctly applied. The Board found the agreed medical evaluator's conclusions were well-reasoned and supported by the evidence.

Workers Compensation Appeals BoardIndustrial InjuryHerniaPeripheral Nerve InjuryPermanent DisabilityAgreed Medical Evaluator (AME)AMA GuidesPetition for ReconsiderationMedical EvidenceWCJ
References
4
Case No. ADJ900432 (SAC 0323091)
Regular
Dec 30, 2011

MARLENE COPUS vs. NORTH SACRAMENTO ELEMENTARY SCHOOL DISTRICT

This case involves a dispute over the necessity of spinal surgery for an applicant who sustained a cumulative trauma injury to her neck and back. While the applicant's treating physician recommended surgery, a second opinion physician disagreed, citing a lack of nerve root compression. The Appeals Board found that the medical evidence was insufficient to determine the necessity of surgery, particularly in light of ACOEM Practice Guidelines which generally recommend against surgery without nerve root compression. Therefore, the Board rescinded the prior award and remanded the case to appoint an independent physician to evaluate the applicant and determine the reasonableness and necessity of the proposed surgery.

Workers' Compensation Appeals BoardMarlene CopusNorth Sacramento Elementary School Districtcumulative traumaspinal surgerynerve root impingementcervical stenosisDr. OrisekDr. GregoriusACOEM Practice Guidelines
References
4
Case No. MISSING
Regular Panel Decision

Lehman v. Kornblau

The plaintiff, Martin A. Lehman, an orthopedic surgeon, initiated a lawsuit against a large group of defendants, including government officials and insurance entities, alleging a conspiracy to maliciously prosecute him for insurance fraud. The core of his claim involves an entrapment scheme using undercover "patients" who later allegedly perjured themselves during grand jury testimony. The court ruled on motions to dismiss, granting them in part and denying them in part, resulting in the dismissal of several claims and defendants. Specifically, claims for conspiracy, unwarranted search, perjury, and entrapment were dismissed entirely, as was a general constitutional claim. However, claims for false arrest and malicious prosecution against certain county and postal service defendants, and a defamation claim against District Attorney Dillon, A.D.A. Kornblau, and Nassau County, were allowed to proceed. The court also deferred decisions on various immunity defenses, allowing for further discovery.

Malicious ProsecutionFalse ArrestInsurance FraudCivil Rights LitigationSection 1983DefamationProsecutorial ImmunityQualified ImmunitySovereign ImmunityGrand Jury Perjury
References
66
Case No. SAL 0103596
Regular
Jan 07, 2008

CHRISTIE GAYNES vs. GRANITE ROCK COMPANY, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The applicant sought to have a medical evaluation by an anesthesiologist or neurologist, arguing the chosen Agreed Medical Evaluator (AME), an orthopedist, lacked the necessary expertise for her specific nerve pain. The Board found the petition untimely and upheld the WCJ's recommendation for dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Compelling AttendanceMedical EvaluationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)WCJReport and RecommendationDismissed PetitionTimeliness
References
0
Case No. ADJ3361459
Regular
Oct 15, 2012

Christiane Flynn vs. YOLANDA'S OF VENTURA, AMERICAN HOME ASSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Christiane Flynn's injury. The applicant sustained injuries including right shoulder, brachial nerve, upper extremities, thoracic outlet syndrome, complex regional pain syndrome, psyche, and fibromyalgia. Her permanent disability was found to be 100% total, entitling her to weekly indemnity payments. A substantial attorney fee of $47,451.89 was deemed reasonable and ordered payable.

Christiane FlynnYolanda's of VenturaAmerican Home AssuranceAIG Claim ServicesADJ3361459VEN 0112129ReconsiderationAdministrative Law JudgeWaitressOccupational Group 322
References
0
Case No. ADJ8814296
Regular
Feb 16, 2017

JANET WILDER vs. CAPRI GLOBAL MANAGEMENT, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the Findings and Award (F&A) concerning applicant Janet Wilder's work-related injuries. The WCAB affirmed the F&A's findings regarding the nature of the injuries and psychiatric disability but found the medical evidence supporting the cranial/trigeminal nerve impairment was not substantial. Consequently, the WCAB deferred the issues of permanent disability and attorney's fees, remanding the case to the WCJ for further proceedings to develop the record on those specific issues.

Workers Compensation Appeals BoardReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityApportionmentQualified Medical EvaluatorCranial Nerve ImpairmentFacial DisorderPsychiatric Disability
References
3
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