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Case No. ADJ4118575 (MON 0342974)

Regular

May 26, 2010

MANUEL ORTIZ vs. TOWER INDUSTRIES, INC., SCIF INSURED INLAND EMPIRE

This case involves an applicant who sustained severe injuries in a riding accident, including multiple pelvic fractures and urological damage, requiring extensive surgeries. The applicant was awarded 100% permanent disability due to his constant pain, limited mobility, and functional impairments, including urinary incontinence and erectile dysfunction. The defendant appealed, arguing the 100% disability rating was not justified and disputing the findings of sleep disorder and erectile dysfunction. The Workers' Compensation Appeals Board affirmed the applicant's 100% permanent disability, finding the evidence supported total permanent disability based on the facts of his severe injury and ongoing functional limitations. The Board denied the defendant's petitions for reconsideration.

Workers' Compensation Appeals BoardPermanent Total DisabilityPetitions for ReconsiderationFindings and AwardAgreed Medical ExaminersLabor Code Section 4662Pelvis InjuryLower Extremity InjuryUrethra InjuryPsyche Injury

References

Case No. MISSING

Regular Panel Decision

Claim of McKenzie v. New York Jockey Injury Compensation Fund

Claimant, an exercise rider at Belmont Racetrack, suffered pelvic injuries in December 2003 while working a horse. Despite an expired license, a Workers’ Compensation Law Judge (WCLJ) established his case and determined he was a covered employee of the New York Jockey Injury Compensation Fund, holding the Fund responsible for medical treatment. The Workers’ Compensation Board upheld this decision. The Appellate Division affirmed, referencing *Matter of Adames v New York Jockey Injury Compensation Fund, Inc.* (15 AD3d 696 [2005]), which established that an exercise rider is a covered employee of the Fund under relevant Workers’ Compensation Law and Racing, Pari-Mutuel Wagering and Breeding Law provisions, irrespective of license expiration. The court found the Fund’s remaining contentions lacked merit.

Exercise RiderWorkers' CompensationJockey Injury Compensation FundExpired LicenseCovered EmployeeThoroughbred RacingPelvic InjuryAppellate DecisionBoard DecisionStatutory Interpretation

References

Case No. MISSING

Regular Panel Decision

In re Falcon EE.

This case involves an appeal from a Family Court order that adjudicated Falcon EE. as an abused child and Monica UU. as a neglected child by their respondent father/step-father. The initial proceedings stemmed from Falcon EE. sustaining multiple severe injuries, including an oblique femur fracture, head and chest bruises, and vaginal lacerations, which the respondent attributed to an accidental fall. However, medical testimony refuted the accidental cause, indicating sexual abuse and non-accidental trauma, and also noted prior injuries sustained by Falcon while in the respondent's care. The Family Court found Falcon abused by the respondent and Monica derivatively neglected, based on the respondent's conduct towards Falcon creating a substantial risk of harm to any child in his care. The appellate court affirmed the Family Court's determinations, finding sufficient evidence supported the findings of abuse and neglect.

References

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MANUEL ORTIZ vs. TOWER INDUSTRIES, INC., SCIF INSURED INLAND EMPIRE

Claim of McKenzie v. New York Jockey Injury Compensation Fund

Exercise RiderWorkers' CompensationJockey Injury Compensation FundExpired LicenseCovered EmployeeThoroughbred RacingPelvic InjuryAppellate DecisionBoard DecisionStatutory Interpretation

In re Falcon EE.