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Case Law Database

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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Claim of Garcia v. Brassiere Restaurant

A claimant with a known pre-existing brain condition suffered a lacerated scalp at work. Subsequently, the claimant developed cerebellar degeneration and became permanently and totally disabled. An impartial neurologist determined that while the claimant experienced minor head and neck pain causally related to the accident, the severe disability stemmed from a progressive degenerative disease and a posttraumatic seizure disorder, neither of which were found to be causally related to the work accident or exacerbated by the pre-existing condition. The Workers’ Compensation Board relieved the Special Fund from liability, concluding that the pre-existing impairment did not materially and substantially increase the permanent disability beyond what the subsequent injury alone would have caused. The appellate court affirmed the Board's decision, citing substantial evidence.

Workers' CompensationSpecial FundPermanent Total DisabilityPre-existing ConditionCausal RelationshipCerebellar DegenerationHead InjuryMedical OpinionImpartial Medical ExaminerAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Aug 11, 1977

Claim of Maynard v. Industrial Welding Corp.

Claimant suffered a myocardial infarction in April 1972, returning to work in January 1973 with restrictions. Work demands gradually increased, leading to heavy lifting similar to pre-infarction levels by August 1973. On August 29, 1973, claimant experienced multiple onsets of chest pain at work, which the Workers’ Compensation Board found to be an accidental injury aggravating pre-existing heart damage and necessitating coronary artery bypass surgery in September 1974. The appellate court, however, found insufficient evidence to support the board's conclusion that an accidental injury occurred on August 29, 1973, or that the post-August 29 coronary insufficiency was work-related, stating that the work merely exposed a pre-existing disease without causing further damage. The decision of the Workers' Compensation Board was reversed and the matter remitted.

Workers' CompensationMyocardial InfarctionAccidental InjuryCoronary InsufficiencyPre-existing ConditionCausationMedical TestimonySubstantial EvidenceReversalRemittitur
References
3
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. ADJ3125678
Regular
Jul 01, 2011

CLORIA HSI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-insured, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of an apportionment decision. The applicant claimed her back injury and subsequent disability were entirely work-related and that she had no prior back issues. However, an Agreed Medical Evaluator (AME) found that pre-existing degenerative disc disease and scoliosis, evidenced by an MRI, were responsible for 50% of the applicant's permanent disability. The Board upheld the WCJ's decision to apportion based on the AME's opinion, as apportionment is permissible even for asymptomatic pre-existing conditions.

Workers' Compensation Appeals Boardapportionmentpermanent disabilityagreed medical evaluatordegenerative disc diseasescoliosislumbar spinedextroscoliosisnonindustrial causesasymptomatic condition
References
4
Case No. MISSING
Regular Panel Decision
Jul 09, 1982

Claim of Bartolotta v. Metz

Claimant, a 59-year-old inside painter with a pre-existing arteriosclerotic heart disease, suffered a myocardial infarction on January 5, 1979, while painting at work. He had experienced a similar episode in December 1978 but did not seek medical attention. The Workers' Compensation Board found the myocardial infarction compensable, stating the painting work involved more exertion than the ordinary wear and tear of life given his pre-existing condition. The employer and carrier appealed, arguing the work was not strenuous. The court affirmed the Board's decision, citing substantial medical evidence that the exertion of painting precipitated the cardiac event.

myocardial infarctionarteriosclerotic heart diseasecompensable injurystrenuous workpre-existing conditionmedical testimony conflictsubstantial evidenceWorkers' Compensation Lawcausationappellate review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Hollander v. Valor Clothers, Inc.

Claimant appealed a Workers' Compensation Board decision from August 7, 1981, which denied benefits for an occupational disease. The claimant, employed as a spot cleaner at Valor Clothers, Inc., worked with toxic fluids like carbon tetrachloride and benzene and alleged these conditions caused or aggravated a pre-existing pulmonary condition. The record showed claimant had a long history of pulmonary dysfunction since 1964, predating his 1972 employment. The Board disallowed the claim, and the appellate court affirmed, stating that compensation is not granted for the aggravation of an already active condition. For compensation, a pre-existing condition must be dormant and nondisabling, with employment activating it, conditions deemed not met in this case.

Occupational diseasePulmonary conditionPre-existing conditionAggravation of injuryWorkers' Compensation LawToxic exposureCarbon tetrachlorideBenzeneEmployment disabilityMedical history
References
2
Case No. MISSING
Regular Panel Decision

Claim of Brown v. Harden Furniture

Claimant's decedent, a truck driver, died after experiencing stomach pains while unloading heavy furniture. An autopsy revealed bronchopneumonia and hypertensive cardiovascular disease as the cause. The claimant filed for workers' compensation, with a consulting physician linking the death to work exertion. The employer's medical consultant agreed on work-relatedness but highlighted pre-existing conditions like obesity and cardiomyopathy. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board found a causal relationship and ruled that apportionment was not applicable because the pre-existing condition was not compensable and the decedent could perform his job duties despite it. The self-insured employer appealed this determination. The appellate court affirmed the Board's decision, finding it supported by substantial evidence.

ApportionmentWorkers' CompensationCausationPre-existing ConditionWork-Related DeathTruck DriverExertionCardiovascular DiseaseBronchopneumoniaMedical Evaluations
References
6
Case No. MISSING
Regular Panel Decision
Nov 18, 1980

Claim of Eppy v. Daily News

This case involves an appeal from a Workers’ Compensation Board decision, filed on November 18, 1980, which determined that the claimant’s husband’s death was causally related to a compensable accidental injury. The Board’s finding relied significantly on the testimony of Dr. Kagen. The record indicated that the claimant’s husband developed symptoms of pre-existing multiple myeloma immediately following a work-related back injury. Dr. Kagen opined that the trauma aggravated the pre-existing disease, thereby shortening the decedent’s lifespan. The court affirmed the Board's decision, finding that despite the doctor’s testimony not being expressed with absolute medical certainty, it was sufficient because it reasonably indicated a probability supported by a rational basis.

Workers' CompensationCausal RelationshipAccidental InjuryMultiple MyelomaAggravation of Pre-existing ConditionMedical OpinionSubstantial EvidenceAppellate ReviewBoard DecisionPhysician Testimony
References
10
Case No. 2020 NY Slip Op 02699 [183 AD3d 992]
Regular Panel Decision
May 07, 2020

Matter of Muller v. Square Deal Machining, Inc.

Claimant Bruce Muller, a saw operator, filed for workers' compensation benefits due to back, stomach, and leg injuries resulting from repetitive heavy lifting. Initially, a Workers' Compensation Law Judge disallowed the claim, citing pre-existing conditions. However, the Workers' Compensation Board reversed this decision, establishing the claim for an occupational disease stemming from work-related aggravation of his pre-existing back condition. The employer and its carrier appealed, challenging the Board's rule that allowed the claimant not to serve notice of his application for Board review to their attorney, arguing it violated their right to counsel. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the issue was not properly preserved for appeal, and even if it had been, the Board's rule was rational and within its rule-making authority.

Occupational diseaseRepetitive traumaPre-existing conditionWorkers' Compensation Board reviewRight to counselDue processRule-making authorityAdministrative reviewNotice requirementsAppellate Division
References
8
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