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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
Mar 25, 1987

Claim of Purdy v. Savin Corp.

Claimant, a secretary for Savin Corporation, sustained a back injury on June 15, 1982, in the employer's parking lot while turning off a truck's headlights. The injury, a 'right lateral disc lesion,' resulted in two months of total disability. The employer's workers' compensation carrier controverted the claim, but the Workers’ Compensation Board found the accident arose out of and in the course of employment. The employer and carrier appealed this decision. The appellate court affirmed the Board's determination, concluding that the claimant's actions were sufficiently work-related and supported by substantial evidence in the record.

Workers' CompensationCourse of EmploymentParking Lot InjuryScope of EmploymentSubstantial EvidenceAppellate ReviewInjury Arising Out Of EmploymentNew York LawEmployer LiabilityReasonable Activity
References
4
Case No. ADJ1748495 (SAC 0288002)
Regular
Jan 25, 2010

ERIC STEWART vs. SOLON FIRE CONTROL, CAMBRIDGE SAN DIEGO

This case involves an applicant claiming workers' compensation for sarcoidosis allegedly caused by occupational exposure to dry fire extinguisher chemicals. The administrative law judge initially found no industrial causation, favoring the defendant's medical examiner over the applicant's. On reconsideration, the Appeals Board affirmed this decision, finding the applicant failed to prove it was reasonably probable his condition arose from employment due to a lack of early irritative symptoms and the presence of prior skin lesions. The dissenting commissioner argued that the applicant's credible testimony and the applicant's QME's report sufficiently established industrial causation, as sarcoidosis can have an insidious onset.

SarcoidosisIndustrial causationQualified Medical Examiner (QME)Dry fire extinguisher chemicalsCumulative traumaPulmonary systemSkin involvementMedical evidenceOccupational exposureImmunologic processes
References
2
Case No. MISSING
Regular Panel Decision

McKillop v. McKillop Funeral Livery, Inc.

This case involves appeals from two decisions by the Workers’ Compensation Board concerning a claimant’s decedent who developed an occupational disease. The decedent, a hearse and limousine driver, suffered from epidermedysplasia verrucaformis (EV), a rare skin disorder. A doctor testified that cumulative sunlight exposure, rather than recreational exposure, caused the EV lesions to become cancerous, noting a higher incidence on the sun-exposed left side of his face. The Board found a causal relationship between employment and the skin cancer, concluding it was an occupational disease. The court affirmed these decisions, emphasizing that conflicting medical opinions are within the Board's purview to resolve.

Occupational DiseaseSkin CancerEpidermedysplasia VerrucaformisSunlight ExposureCausationMedical OpinionWorkers' CompensationAppealsDriverCarcinomas
References
7
Case No. 2022-06-0936 (State File No. 65517-2021)
Regular Panel Decision
May 09, 2023

Meeks, Bryant v. Nyrstar Clarksville, Inc.

Bryant Leo Meeks sought workers’ compensation benefits, alleging an autoimmune condition and skin lesions caused by drinking unsafe water at Nyrstar Clarksville, Inc. The employer disputed the claim, citing the statute of limitations and lack of primary work causation. While the Court found insufficient evidence to bar the claim based on the statute of limitations, Mr. Meeks failed to provide a medical opinion establishing that his condition arose primarily from his employment with a reasonable degree of medical certainty. The Court emphasized that a physician's opinion, not personal belief, is required for medical causation. Consequently, Mr. Meeks's requested benefits were denied at this time, though he is not precluded from obtaining additional medical evidence for a later hearing.

Workers' CompensationOccupational DiseaseStatute of LimitationsMedical CausationExpedited HearingBurden of ProofAutoimmune ConditionSkin LesionsHeavy Metal PoisoningUnsafe Water
References
8
Case No. 2015-06-0184
Regular Panel Decision
May 11, 2016

Hager, Sharon v. United Parcel Service, Inc

Ms. Hager filed a request for an Expedited Hearing seeking temporary disability and medical benefits due to a work-related shoulder injury. She alleged the injury occurred while loading packages at UPS. Her authorized treating physician, Dr. LaDouceur, released her at maximum medical improvement with no impairment. Subsequently, Ms. Hager sought treatment with Dr. Oglesby under private insurance, who performed surgery for a SLAP lesion. Dr. Oglesby, however, attributed her injury to a fall at work, which Ms. Hager denied. The Court found Ms. Hager failed to prove a causal connection between her workplace lifting accident and the treatment provided by Dr. Oglesby, or her need for temporary disability benefits. Therefore, her request for medical and temporary disability benefits was denied.

Shoulder InjuryTemporary Disability BenefitsMedical BenefitsCausal ConnectionExpedited HearingDenial of BenefitsSLAP LesionTendinosisArthritisMalingering
References
6
Case No. MISSING
Regular Panel Decision

Claim of Perry v. Georgia Pacific Corp.

Claimant, a machine operator, sustained a head injury at work on July 5, 1988. Two months later, he developed swelling and was subsequently diagnosed with a benign meningioma tumor, which was surgically removed on April 2, 1989. The Workers’ Compensation Board determined that the trauma aggravated a preexisting lesion, necessitating surgery and establishing a causally related disability, thereby reversing a Workers’ Compensation Law Judge's decision. The employer appealed this finding, contending a lack of substantial evidence. The Appellate Division affirmed the Board's decision, finding that the testimony of claimant's physician, George Boolukos, provided substantial evidence to support the causal relationship between the head trauma and the tumor, despite conflicting medical opinions from the employer's experts, Martin Flanagan and Fiaz Choudhri.

Head TraumaTumorMeningiomaCausationMedical Opinion ConflictSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardAggravation of Preexisting ConditionSurgery
References
5
Case No. 2022-08-0109
Regular Panel Decision
Apr 08, 2025

LEAVELLE, MARCUS v. RCT MEMPHIS TN PC

Marcus Leavelle sustained a left knee injury after hopping out of a trailer at work. Initially, the authorized treating physician, Dr. John Goodfred, determined the injury was not work-related. Mr. Leavelle then sought treatment from Dr. David Bernholt, a board-certified orthopedic surgeon, who diagnosed a full-thickness chondral lesion and performed surgery. Dr. Bernholt concluded the injury was primarily work-related. The Court found Mr. Leavelle successfully rebutted the presumption of correctness attached to Dr. Goodfred's opinion and ruled that the injury arose out of and in the course and scope of his employment. The Court granted Mr. Leavelle temporary disability, permanent partial disability, enhanced benefits for wage loss, and ordered the employer to cover medical treatment with Dr. Bernholt.

Knee InjuryChondral LesionMedical Causation DisputeTreating Physician OpinionOrthopedic SurgeryPermanent Partial Disability BenefitsTemporary Total Disability BenefitsWage Loss BenefitsMaximum Medical Improvement (MMI)Rebuttal Evidence
References
5
Case No. MISSING
Regular Panel Decision

State Office of Risk Management v. Escalante

This workers' compensation case involves Hector Escalante, who sustained injuries in a work-related vehicle accident. After an administrative determination by the Texas Workers’ Compensation Commission (TWCC) that limited his compensable injuries, Escalante successfully appealed to a district court. A jury found his compensable injury included the lumbar spine and cervical root lesions, and that the accident caused his disability. The State Office of Risk Management (SORM) appealed to the appellate court, challenging the sufficiency of evidence regarding the extent of injuries and disability, and raising several evidentiary errors. The appellate court affirmed the trial court's judgment, concluding that sufficient evidence supported the jury's findings and that the trial court did not abuse its discretion in evidentiary rulings, including the admission of Dr. Boone's reports and the exclusion of Dr. Pollet's report.

Workers' CompensationVehicle AccidentLumbar Spine InjuryCervical Root LesionsDisability ClaimExpert TestimonyMedical EvidenceEvidentiary ErrorBusiness RecordsPublic Records
References
47
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