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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
Apr 07, 2000

Claim of Moreines v. Lawrence Nursing Care Center

Claimant, diagnosed with multiple sclerosis (MS) by 1988, ceased employment in March 1995 due to her work environment exacerbating her condition. She filed a workers' compensation claim, but the Workers’ Compensation Board initially ruled against a causal relationship between her work and MS exacerbation. Following an appeal, the Board amended its decision, affirming the carrier's consultant found no causal link, whose credibility was maintained under cross-examination. The claimant appealed both decisions, arguing the consultant's report was equivocal and the Board should have accepted her expert's unequivocal testimony. The court affirmed the Board's decisions, finding the conflict in medical opinion was within the Board's province to resolve, and the carrier's consultant provided substantial evidence for the Board's finding of no causal link.

Workers' CompensationMultiple SclerosisCausalityMedical OpinionExpert TestimonyBoard DecisionAppellate ReviewDisease ExacerbationWork EnvironmentCredibility
References
4
Case No. MISSING
Regular Panel Decision

Claim of Norberg v. Pepsi Cola Buffalo Bottling Corp.

The claimant suffered a neck injury at work in December 1997, subsequently experiencing numbness and being diagnosed with multiple sclerosis. A Workers’ Compensation Law Judge initially found a causal relationship between the accident and the aggravation of multiple sclerosis. However, the Workers’ Compensation Board reversed this decision due to insufficient medical evidence supporting the causal link. The appeals court affirmed the Board's decision, agreeing that the treating physician's opinion on causation, based solely on temporal proximity and lacking scientific support, was speculative and therefore justifiably disregarded.

Multiple SclerosisCausal RelationshipMedical EvidenceIndependent Medical ExaminationTreating PhysicianSpeculationTemporal ProximityAggravation of InjuryNeck InjuryAppellate Review
References
5
Case No. STK 196283
Regular
Aug 14, 2007

DEBORAH JONES vs. MANTECA UNIFIED SCHOOL DISTRICT, KEENAN And ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to incomplete medical evidence regarding apportionment. The Board found that further development of the record was necessary to address the applicant's psychiatric condition and pre-existing multiple sclerosis, as recommended by the applicant's Qualified Medical Examiner. The case was returned to the trial level for new proceedings and a decision.

ReconsiderationFindings and AwardQualified Medical ExaminerPermanent DisabilityApportionmentFurther Medical TreatmentDevelop the RecordMandatory Settlement ConferenceSubstantial EvidenceIndustrial Injury
References
3
Case No. ADJ3758714 [VNO 0553350] ADJ3611380 [ANA 0372874]
Regular
Oct 03, 2008

Herbert J. Ware, Jr. vs. Los Angeles Times

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding no substantial medical evidence supported the applicant's claim of cumulative trauma injury to his psyche. The Board determined that the medical evidence presented only addressed injury to the psyche as a sequela of a specific orthopedic injury, not a cumulative trauma arising from his overall employment. The case was returned to the trial level for further proceedings on all issues, including temporary disability and home health care reimbursement.

Cumulative traumapsychiatric injuryspecific injuryorthopedic injurysequelaepermanent and stationarytemporary disabilityhome health careQualified Medical EvaluatorAgreed Medical Examiner
References
0
Case No. ADJ3746457 (SAC 0318786)
Regular
Jul 14, 2010

SCHELYA THROWER vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES

The Workers' Compensation Appeals Board granted Schelya Thrower's reconsideration petition regarding a prior decision finding no industrial injury to her knee, ankle, shoulder, or back. The Board affirmed the original finding that Thrower did not sustain a cumulative trauma injury through June 26, 2000, agreeing that her current complaints were sequelae of a prior 1997 injury. Consequently, the Board struck the finding on the statute of limitations as moot. The Board also corrected a clerical error in the spelling of Thrower's first name.

Workers' Compensation Appeals Boardcumulative traumastatute of limitationsindustrial injuryright kneeleft ankleleft shoulderbackstipulated awardnew and further disability
References
1
Case No. ADJ1136513
Regular
Feb 13, 2018

FRANCISCO BAUTISTA vs. SMITHS GROUP SERVICES CORPORATION, LIBERTY MUTUAL INSURANCE GROUP

This case concerns applicant's entitlement to extended temporary disability benefits beyond 104 weeks for a severe burn injury under Labor Code § 4656. The Appeals Board rescinded the trial judge's findings, remanding the case for further proceedings. This decision focuses on whether the applicant's burn injury, considering treatment, resulting disability (including psychiatric sequelae), and residual permanent disability, qualifies as "severe" under the statute. The Appeals Board clarified that the severity analysis must encompass the overall impact of the burn, not just the initial injury.

Labor Code Section 4656temporary disabilitysevere burnshigh-velocity eye injuryflash fireburn injurydepth of injurysequelaehyperpigmentationscarring
References
7
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
3
Case No. MISSING
Regular Panel Decision
Sep 19, 1975

Claim of Alperin v. Great Atlantic & Pacific Tea Co.

The claimant, on March 12, 1971, experienced acute heart failure or insufficiency due to excessive work effort, aggravating a pre-existing heart defect caused by a damaged aortic valve. The Workers' Compensation Board determined that a subsequent operation to replace the defective aortic valve and its sequelae were causally related to this work activity. Appellants contested this finding, arguing a lack of substantial evidence. However, the record contained unequivocal medical testimony confirming that the specific work effort caused the condition to become symptomatic, necessitating the operation to alleviate symptoms. The court affirmed the Board's decision, finding a clear causal link.

Heart ConditionWork-Related InjuryCausationAortic Valve ReplacementMedical TestimonyPre-existing ConditionWorkers' Compensation AppealSurgical NecessityAggravation of Injury
References
1
Case No. MISSING
Regular Panel Decision

Claim of Ohriner v. Jamaice Wet Wash Laundry Co.

The Employer and Carrier appealed a posthumous award for disability and death benefits, granted from June 20, 1952, until the employee's death on February 27, 1953. The accident itself was not disputed, but its causal relation to the employee's death was questioned. The employee slipped at work, was caught by his knees over a shift lever, and remained suspended upside down. He immediately felt pain. Initially diagnosed as a ruptured vertebral disc, it was later determined he suffered from amyotrophic lateral sclerosis. Medical opinion, based on his prior good health and immediate illness after the accident, concluded that the accident aggravated the pre-existing disease and contributed to his death. The award was affirmed with costs to the Workmen's Compensation Board.

posthumous awarddisability benefitsdeath benefitscausationaggravation of pre-existing conditionamyotrophic lateral sclerosiswork accidentspinal cord injurynervous system diseasemedical opinion
References
0
Case No. 2019 NY Slip Op 06828
Regular Panel Decision
Sep 26, 2019

Matter of Whitney v. Pregis Corp.

Claimant, a maintenance technician, suffered injuries in a work-related fall in December 2013, leading to a workers' compensation claim. Shortly after, he was diagnosed with multiple sclerosis (MS) and sought to amend his claim to include trauma-induced or exacerbated MS. The Workers' Compensation Law Judge denied the amendment and apportioned his disability 40% to the work injury and 60% to the preexisting MS, a decision affirmed by the Workers' Compensation Board. On appeal, the Appellate Division, Third Department, reversed the Board's decision, finding that apportionment was inappropriate as there was no evidence that the claimant's preexisting MS condition had previously precluded him from performing his job duties prior to the accident. The case was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationApportionmentPreexisting ConditionMultiple SclerosisWork-Related InjuryAppellate ReviewDisabilityMedical EvidenceCausationRemittal
References
10
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