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Case No. GOL 0097493, GOL 0100342

Regular

Sep 11, 2007

JENA RAISROHANI vs. SAKS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level. The Board found insufficient development of the record regarding whether the applicant's left shoulder injury resulted from "overuse" as a compensable consequence of a right shoulder injury, or if it constituted a separate cumulative injury. The Board instructed further development of medical evidence and a new decision to clarify the distinction between overuse and cumulative trauma in this specific instance.

Compensable consequence injuryCumulative traumaLeft shoulder injuryRight shoulder injuryOveruse injurySudden onsetMedical causationApportionmentAgreed medical evaluatorWorkers' Compensation Appeals Board

References

Case No. MISSING

Regular Panel Decision

Claim of Phillips v. Cornell University

Claimant, a Cornell University employee for 23 years, developed tendinitis and overuse syndrome from heavy lifting and repetitive motions. Despite initial consultations, she didn't attribute her arm pain to work until symptoms intensified, leading to a workers' compensation claim on February 14, 2000. A Workers’ Compensation Law Judge (WCLJ) found an occupational disease and set the disablement date. The employer appealed, arguing the claim was time-barred under Workers’ Compensation Law § 28. The Workers’ Compensation Board affirmed the WCLJ's decision, finding the claimant did not know her condition was work-related more than two years before filing. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the claim was timely filed.

Occupational DiseaseTendinitisOveruse SyndromeTimely FilingDate of DisablementWorkers' Compensation BoardMedical TreatmentWork-Related InjuryRepetitive MotionHeavy Lifting

References

Case No. MISSING

Regular Panel Decision

Matter of Campito v. New York State Dept. of Taxation & Fin.

The claimant appealed a Workers’ Compensation Board decision denying her claim for consequential right shoulder injury benefits. In 2008, the claimant sustained a compensable injury to her neck, left elbow, and upper back. She later sought to amend her claim to include a consequential right shoulder injury, attributing it to overuse caused by her established left arm injury. However, both the Workers’ Compensation Law Judge and the Board found no competent medical evidence to support a causal link. An independent medical examiner, James McGowan, attributed the right shoulder issues to adhesive capsulitis related to her diabetic condition, rather than the work accident. The appellate court affirmed the Board’s decision, emphasizing that resolving conflicting medical opinions falls within the Board’s exclusive authority and their determination was supported by substantial evidence.

Workers' CompensationConsequential InjuryRight Shoulder InjuryOveruse InjuryMedical EvidenceCausationAdhesive CapsulitisDiabetesConflicting Medical OpinionsSubstantial Evidence

References

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JENA RAISROHANI vs. SAKS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Claim of Phillips v. Cornell University

Occupational DiseaseTendinitisOveruse SyndromeTimely FilingDate of DisablementWorkers' Compensation BoardMedical TreatmentWork-Related InjuryRepetitive MotionHeavy Lifting

Matter of Campito v. New York State Dept. of Taxation & Fin.

Workers' CompensationConsequential InjuryRight Shoulder InjuryOveruse InjuryMedical EvidenceCausationAdhesive CapsulitisDiabetesConflicting Medical OpinionsSubstantial Evidence