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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 28, 2008

New York Committee for Occupational Safety & Health v. Bloomberg

Petitioner NYCOSH requested workers' compensation records from the New York City Mayor's office and Law Department via a Freedom of Information Law (FOIL) request, seeking raw data on workplace injuries as mandated by Administrative Code § 12-127. Both agencies denied the request, providing only an annual report and claiming the raw data was not maintained in a single responsive record and would be burdensome to produce. NYCOSH initiated a CPLR article 78 proceeding, which the Supreme Court dismissed. The Appellate Division reversed, ruling that the Supreme Court applied an incorrect standard of review. It further found the City's claim of statutory exemption under Workers' Compensation Law § 110-a invalid but noted the personal privacy exemption under Public Officers Law § 87 (2) (b), requiring redaction. The court ordered a hearing to determine if retrieving electronic records constituted 'simple manipulation' or new record creation, and if producing hard copies would impose an undue burden, thereby reinstating the petition in part.

Freedom of Information Law (FOIL)Public RecordsWorkers' Compensation RecordsData PrivacyUndue BurdenElectronic Records DisclosureGovernment TransparencyCPLR Article 78 ProceedingNew York Appellate DivisionAgency Records
References
6
Case No. ADJ9074552; ADJ9074553
Regular
Jul 01, 2014

VINCENT HERNANDEZ vs. COUNTY OF MONTEREY, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Removal regarding the selection of an Occupational Medicine QME panel. The Board adopted the WCJ's report, which found that the defendant's request for an Occupational Medicine QME panel complied with Labor Code Section 4062.2. The report reasoned that Title 8 California Code of Regulations Section 31.1(b)'s requirement for supporting documentation for specialty changes does not invalidate a request if not provided. Additionally, the Board found the applicant's arguments regarding an unfair advantage and the WCJ's interpretation of Section 31.1 to be misplaced.

Workers' Compensation Appeals BoardPetition for RemovalWCJQME panelOccupational MedicineTitle 8 California Code of Regulations Section 31.1Labor Code Section 4062.2Treating PhysicianPhysical Medicine and RehabilitationMedical Unit
References
1
Case No. MISSING
Regular Panel Decision

Vazquez v. Orange County Rehabilitation Center

Plaintiff's ward was allegedly sexually assaulted by defendant Lewis while engaged in piecework at a sheltered workshop operated by Occupations. Defendants Occupations and Lewis asserted workers' compensation coverage as affirmative defenses. The court held that claims occurring before July 22, 1989, when Mental Hygiene Law § 33.09 (c) excluded sheltered workshop participants from workers' compensation, are not subject to the defense. For claims after July 22, 1989, when the law was amended to allow coverage if elected, the issue of workers' compensation coverage is referred to the Workers' Compensation Board. Defendant Orange County Department of Mental Health's motion for summary judgment was granted due to lack of evidence linking them to the incident or supervision of Occupations.

sexual assaultsheltered workshopworkers' compensationsummary judgmentaffirmative defensestatutory constructionjurisdictionMental Hygiene Lawamendmentnegligence
References
11
Case No. ADJ12221657; ADJ13326997
Regular
May 27, 2025

MARIA ALVAREZ vs. POMONA UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Maria Alvarez, an Elementary Campus Supervisor, sustained injuries to her left hand and wrist on October 15, 2018, and allegedly bilateral hands, right wrist, and right thumb due to cumulative trauma from September 1, 2005, through August 1, 2019. The defendant, Pomona Unified School District, filed a Petition for Reconsideration challenging the WCJ's finding of Occupational Code No. 322. The Appeals Board granted the petition solely to amend the February 20, 2025 Joint Findings, Order, and Award to defer the issue of whether applicant has reached maximum medical improvement in both cases, while otherwise affirming the WCJ's decision. The WCJ's determination of Occupational Group Number 322 was upheld, explaining its consistency with the applicant's food service duties, contrasting it with other clerical and professional occupations.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Maximum Medical ImprovementOccupational Group NumberDalen v. Worker's Comp. Appeals Bd.Schedule for Rating Permanent DisabilitiesAMA GuidesSpecific InjuryCumulative Trauma
References
4
Case No. MISSING
Regular Panel Decision

Claim of Konieczny v. Butterflake Shop

Claimant appealed a decision by the Workers’ Compensation Board, filed December 8, 1977, which ruled that he did not suffer from an occupational disease. The claimant, employed as a baker, was diagnosed with severe chronic obstructive pulmonary disease, asthmatic bronchitis, and emphysema, following a history of heavy smoking. The record contained conflicting medical evidence regarding the link between his employment and his condition. The court affirmed the Board's determination, holding that when medical proof is contradictory, the question of occupational disease is one of fact for the Board, and their finding was supported by substantial evidence, particularly Dr. Riley's testimony.

Occupational DiseaseWorkers' CompensationChronic Obstructive Pulmonary DiseaseAsthmatic BronchitisEmphysemaConflicting Medical EvidenceQuestion of FactSubstantial EvidenceAppellate ReviewMedical Testimony
References
2
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Cunningham v. New York City Transit Authority

Claimant, a car inspector, experienced incapacitating neck, back, and leg pain in 2010, following non-work-related automobile accidents in 1988 and 2003. He sought workers’ compensation benefits, arguing his physical and psychiatric conditions were an occupational disease due to repetitive work tasks. Although the employer failed to timely file a notice of controversy, precluding them from submitting evidence on the course of employment, the Workers’ Compensation Law Judge and Board disallowed the claim, deeming the treating physicians' causation opinions incredible. The Appellate Division affirmed, stating the claimant still bore the burden of proving a causal link, and the Board was justified in rejecting the medical evidence as incredible, thus supporting the finding of no causally related occupational disease.

Occupational DiseaseCausationMedical EvidenceWorkers' Compensation BoardAppellate ReviewNotice of ControversyBurden of ProofCredibilityRepetitive TasksSpinal Problems
References
7
Case No. MISSING
Regular Panel Decision
Sep 16, 2002

Claim of Gandolfo v. MTK Electronics

Claimant, employed by MTK Electronics, developed Hodgkin’s disease due to exposure to trichloroethylene and trichloroethane. A Workers’ Compensation Law Judge found a causally related occupational disease and awarded benefits, a decision affirmed by the Workers’ Compensation Board. The Board emphasized the claimant's treating physician's expert testimony, which established a link between the disease and chemical exposure at work. The employer's requests for reconsideration or full Board review were denied. The appellate court affirmed the Board's decision, finding substantial evidence supported the causal link between claimant's employment and her occupational disease.

Workers' CompensationOccupational DiseaseHodgkin's DiseaseChemical ExposureTrichloroethyleneTrichloroethaneCausalityExpert TestimonyMedical OpinionBoard Review
References
11
Case No. MISSING
Regular Panel Decision

Claim of Estrada v. Peepels Mechanical Corp.

The claimant's case was established for occupational disease resulting in bilateral hearing loss. A Workers’ Compensation Law Judge (WCLJ) determined the date of disablement and, after initial discharge, reinstated the State Insurance Fund (Fund) to produce an apportionment report between occupational disease and traumatic hearing loss. The Fund appealed this decision. The Workers’ Compensation Board subsequently found the Fund was not the proper party as it did not cover the employer on the date of disablement and reversed the order for the apportionment report. The employer and its workers’ compensation carrier then appealed the Board's decision. The higher court affirmed the Board’s decision, noting that a claim for traumatic hearing loss was never formally made or pending before the Board.

Occupational DiseaseBilateral Hearing LossApportionmentDate of DisablementWorkers' Compensation CarrierState Insurance FundBoard DecisionAppellate ReviewTraumatic Hearing LossWCLJ Decision
References
1
Case No. ADJ10863775
Regular
Jul 25, 2505

HARBANS SINGH-KALER vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a January 17, 2020 Findings and Award. The Board ruled that Harbans Singh-Kaler's hypertension disability constitutes "heart trouble" under Labor Code section 3212.2, thereby exempting it from apportionment under Labor Code section 4663(e). Consequently, the WCJ's decision was amended to reflect this finding. However, the Board deferred the issues of occupational group, permanent disability, and attorneys' fees back to the trial level for further analysis.

Labor Code § 3212.2heart troublehypertensionapportionmentoccupational group 332occupational group 380chief engineercumulative injurypermanent disabilityattorney's fees
References
5
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