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

Case No. ADJ10807559, ADJ11213172
Regular
Mar 04, 2019

KIM JOHNSTON JIMENEZ vs. ARROYO GRANDE COMMUNITY HOSPITAL

The WCAB granted reconsideration and rescinded the WCJ's decision, finding the medical record needed further development. The applicant sustained a left knee injury, and subsequently developed a severe infection requiring extensive treatment. Defendant argued the infection and treatment were not industrially caused, as an infection can arise independently of prior injury. The Board remanded for further proceedings to determine if the recommended treatment is necessary for the industrial condition or if it's independent of the injury.

Arroyo Grande Community HospitalSedgwick Claims ManagementPetition for ReconsiderationFindings of FactDr. Ferroindustrial basisstipulated Awardpermanent disabilitymedical treatmentrevision left knee arthroplasty
References
16
Case No. MISSING
Regular Panel Decision
Aug 18, 1977

Claim of Johnson v. International Talc Co.

Claimant's deceased husband, an employee of International Talc Company, developed a partial pulmonary disability, specifically pneumoconiosis and pulmonary emphysema, due to occupational exposure to talc and silicosis dust over 20 years. He filed a compensation claim in May 1973 and died in November 1973. The Workers' Compensation Board determined that while the pulmonary disability was causally related to his occupation, his death was not. Conflicting medical testimonies were presented regarding the extent of disability and the causal link of death to his occupation, with an impartial specialist concurring with the Board's finding on the death. The Appellate Division affirmed the Board's decision, noting that substantial evidence supported the Board's findings and that Section 39 of the Workers' Compensation Law at the time did not permit awards for partial disability resulting from dust disease.

PneumoconiosisSilicosisPulmonary EmphysemaPartial DisabilityDust DiseaseCausal RelationshipMedical EvidenceBoard FindingsAppellate AffirmationStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Aug 12, 1998

Claim of Cocco v. New York City Department of Transportation

Claimant, a bridge painter for 36 years, was diagnosed with chronic obstructive pulmonary disease, leading to total disability since June 1993. The Workers’ Compensation Board found that his work for the employer aggravated a previously dormant and non-disabling pulmonary condition, deeming it an occupational disease under Workers’ Compensation Law § 3 (2) (30). The employer appealed this decision. The court differentiated between the aggravation of active versus dormant conditions, requiring a distinctive employment feature to activate a dormant one. It was determined that the claimant's exposure to noxious substances from sandblasting, paint stripping, and spraying red lead paint constituted such a feature. Expert testimony supported that the claimant's pulmonary condition was dormant and that his work exposure caused the disability, leading to the affirmation of the Board's decision.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseAggravation of Preexisting ConditionBridge PainterNoxious Substances ExposureSandblasting HazardsCausation in WCDormant Condition ActivationSubstantial Evidence ReviewWorkers' Compensation Board Appeal
References
7
Case No. MISSING
Regular Panel Decision

Svensson v. Securian Life Insurance

Plaintiff Paul Svensson sued Securian Life Insurance Company to claim a $200,000 accidental death benefit for his wife, Providencia R. Svensson, who died from bronchopneumonia after inhaling a community-spread Group A streptococcus bacterial pathogen. The accidental death policy covered deaths resulting from 'accidental injury' but excluded illness or disease, and infections unless occurring simultaneously with and as a result of an 'accidental injury.' The Court, presided over by Judge Kenneth M. Karas, granted Defendant's motion to dismiss, finding that contracting an infection through normal means, like airborne transmission, does not constitute an 'accidental injury' under New York law or the policy's terms. The court distinguished this from cases where infection results from a separate, traumatic injury, concluding that the policy was not drafted to cover pneumonia contracted from the ambient air.

Accidental Death InsuranceInsurance Policy InterpretationContract LawAccidental Injury DefinitionInfection Exclusion ClauseDisease CoverageWorkers' Compensation Law ComparisonNew York LawMotion to DismissSummary Judgment
References
60
Case No. FRE 0213272
Regular
Oct 02, 2007

ROGER MILLS vs. SUNRISE BUILDERS, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board affirmed the WCJ's decision, denying the applicant's contentions regarding a pulmonary injury. The Board found the applicant's permanent disability rating of 40% for an orthopedic injury was consistent with medical opinions and relevant case law, particularly regarding apportionment of pre-existing conditions. The decision disallowed claims for the pulmonary condition and associated medical treatment, upholding the original award.

Workers' Compensation Appeals BoardPulmonary/Respiratory InjuryOrthopedic InjuryPermanent and StationaryTemporary DisabilityPermanent Disability AwardApportionmentSB 899Agreed Medical EvaluatorBrodie v. Workers' Comp. Appeals Bd.
References
1
Case No. MISSING
Regular Panel Decision
Sep 17, 1979

In re the Claim of Brod v. Julius Young Mfg. Co.

The claimant, a 64-year-old jewelry polisher, sought workers' compensation for pulmonary emphysema, alleging it was caused by breathing fumes and dust at work. The Workers' Compensation Board disallowed the claim, a decision which was subsequently appealed. The Board's determination was based on medical evidence, specifically the testimony of an Impartial Specialist, Dr. Sydney Bassin, who concluded there was no causal relationship between the claimant's pulmonary condition and their employment. The appellate court affirmed the Board's decision, finding substantial evidence to support its determination.

References
0
Case No. ADJ13344359
Regular
Mar 10, 2023

ANGELA DAWSON vs. PATTON STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

This case involves an applicant claiming a psyche and internal system injury due to COVID-19 infection sustained at work. The WCAB rescinded the prior decision, finding the trial judge erred by disregarding differing medical opinions on causation and by improperly applying a strict latency period calculation. The Board found the medical record undeveloped, necessitating further proceedings to establish a probable date of infection and work-related exposure. The matter was returned to the trial level for further development of evidence and a new decision.

COVID-19industrial causationmedical evidencelatency periodreasonable medical probabilitysubstantial evidenceworkers' compensationvocational rehabscope of employmentworkplace exposure
References
20
Case No. ADJ8689638
Regular
Dec 01, 2016

AVI AZOULAY vs. CITY OF ORANGE, YORK SERVICES

The Appeals Board denied the defendant's Petition for Reconsideration, upholding its prior decision that applicant Avi Azoulay sustained an industrial injury. The Board found that Azoulay's bacterial infection, which spread to his bloodstream from his colon, qualified as a "blood-borne infectious disease" under Labor Code section 3212.8. This presumption of industrial causation applied despite the infection originating internally, as the statute's language and purpose encompass such conditions. Consequently, the defendant failed to overcome the presumption and provide evidence that the condition existed prior to employment.

Labor Code section 3212.8presumption of industrial causationblood-borne infectious diseasejuvenile correction officerPetition for Reconsiderationbacterial infectionpathogenic microorganismsanti-attribution clausedivericulitisscar
References
2
Case No. MISSING
Regular Panel Decision

Claim of Riganti v. South Mall Construction, Inc.

This case is an appeal from a Workers’ Compensation Board decision, filed on May 28, 1993, which found a causal link between the claimant's death and asbestosis, an established occupational disease. The court upheld the Board's finding, citing substantial evidence from Dr. Frank Maxon, a pulmonary physician. Dr. Maxon's expert opinion, based on medical records, confirmed the causal relationship, noting documented pleural thickening and pulmonary fibrosis consistent with asbestosis. The employer's argument regarding non-compliance with form C-64 was not preserved for review and was found to lack merit. The decision of the Workers’ Compensation Board was affirmed.

Workers' CompensationAsbestosisOccupational DiseaseCausationMedical Expert TestimonyPulmonary FibrosisPleural ThickeningAppellate ReviewBoard DecisionMedical Records
References
3
Case No. MISSING
Regular Panel Decision
Aug 02, 1996

Claim of Dongarra v. Village of Ossining

This case involves an appeal from a Workers' Compensation Board decision that found a clerical worker for the Village of Ossining sustained a compensable injury. The claimant developed acute endometritis and an E-coli infection, which was linked to her workspace in a converted sewage treatment plant where raw sewage pumps were located under her desk. The employer challenged the sufficiency of proof regarding the causal connection between the claimant's employment and her illness. The court affirmed the Board's decision, determining that there was substantial evidence to support the finding of a causally related E-coli infection. It emphasized that medical opinions only require a probable cause supported by a rational basis, not absolute certainty.

Workers' CompensationE-coli InfectionOccupational DiseaseCausal RelationshipMedical CertaintySubstantial EvidenceAppellate ReviewGynecological ProblemsOffice EnvironmentSewage Exposure
References
3
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