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

Case No. ADJ10419700 (MF) ADJ10543011
Regular
May 09, 2019

CHERIE BATES vs. PRIDE INDUSTRIES, UNITED STATES FIRE INS. CO., BROADSPIRE

This case involves an applicant's claim for a head injury allegedly sustained at work after losing balance and hitting her head. While her testimony and initial claim documentation suggest a work-related incident occurred, the Workers' Compensation Appeals Board (WCAB) found insufficient medical evidence to confirm the injury's industrial nature due to the applicant's history of seizures and conflicting medical reports. Consequently, the WCAB rescinded the previous award and returned the case to the trial level for further development of expert medical opinion on the industrial causation of the head injury. The applicant's knee injury claim from a separate date was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryHead InjuryCredibilityFraudMedical EvidenceLay TestimonyExpert Medical OpinionOccult Injury
References
3
Case No. ADJ6900339
Regular
Nov 13, 2017

Gloria Frialde vs. TJ Ward, Truck Insurance Exchange, Subsequent Injuries Benefit Trust Fund

This Workers' Compensation Appeals Board decision amends a prior award, primarily by removing a finding of industrial injury related to a sleep disorder. The Board found that the applicant's sleep issues stemmed from pain from her physical injuries, not a separate sleep disorder, and thus not separately compensable. The matter is returned to the trial level to re-determine the applicant's permanent disability, considering the corrected findings and specific instructions regarding life pension and permanent disability indemnity rates. The applicant's claim for benefits from the Subsequent Injuries Benefit Trust Fund was denied.

Workers Compensation Appeals BoardReconsiderationOpinion and DecisionFindings Orders and AwardCumulative TraumaPermanent DisabilityApportionmentSubsequent Injuries Benefit Trust FundVocational ExpertAlmaraz/Guzman
References
10
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability
References
3
Case No. ADJ12096808
Regular
2020-01-33

LARRY REASNER vs. CASEY JOHNSON, dba ROCKIN CJ TRANSPORT COMMERCE & INDUSTRY INSURANCE COMPANY, AIG; NEW YORK MARINE AND GENERAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by Commerce and Industry Insurance Company regarding an order to proceed to trial on an injury AOE/COE. The dispute arises from a prior Stipulated Award between the applicant and New York Marine and General Insurance Company for a cumulative trauma injury. Commerce and Industry argues that its contribution claim against New York Marine is subject to mandatory arbitration under Labor Code section 5500.5. The Appeals Board granted removal, rescinded the trial order, and found that the inter-insurer dispute over contribution must be arbitrated, as the applicant is not involved in this separate proceeding.

Petition for RemovalStipulated AwardCumulative TraumaPetition for ContributionMandatory ArbitrationLabor Code Section 5500.5Successive EmployersInsurers Jointly and Severally LiableContribution ProceedingsDe Novo
References
4
Case No. ADJ3259433 (GOL 0088786) ADJ1074235 (GOL 0094396)
Regular
Aug 28, 2009

Sonnia Waugh vs. FRANCISCAN FRIARS OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, In Liquidation

This case involves a workers' compensation claim for industrial injuries to the back, lower extremities, and heart, with a dispute over psyche injury. The Appeals Board affirmed the finding of industrial heart injury, relying on medical evidence that the prescribed pain medication contributed to the heart attack. However, the Board deferred the issue of psyche injury, remanding it for further proceedings to determine if it arose from the industrial injury and to potentially reassess permanent disability and attorney's fees. The matter of cumulative trauma injury in a separate claim was also left unresolved at the trial level.

CIGAReliance Insurance CompanyWCJindustrial injuryspecific injurycumulative traumareconsiderationsubstantial evidenceapportionmentmedical treatment
References
8
Case No. ADJ1970560 (OAK 0344240)
Regular
Mar 09, 2016

VAZGEN MANAS vs. THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a credit sought by the Subsequent Injuries Benefits Trust Fund (SIBTF) for permanent disability advances paid to the applicant. The SIBTF argued that its liability for combined permanent disability should be calculated under Labor Code section 4751, which limits liability to the difference between the combined disability and the disability from the subsequent injury alone. The Workers' Compensation Appeals Board agreed, reversing the prior finding that allowed a credit under section 4753 for the employer's payments. The Board clarified that section 4753 applies to payments for preexisting disability, not the subsequent industrial injury, and thus SIBTF's credit is limited by section 4751.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Labor Code section 4753permanent disability advancespreexisting permanent disabilitysubsequent industrial injurycombined permanent disabilitycreditWCJFindings of Fact
References
6
Case No. MISSING
Regular Panel Decision
Apr 11, 2003

Coku v. Millar Elevator Industries, Inc.

The plaintiffs appealed a judgment dismissing their complaint against Millar Elevator Industries, Inc. The injured plaintiff, a maintenance worker, allegedly sustained injuries when he fell from a stepladder in a service elevator that suddenly dropped. The trial court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur, despite the plaintiffs establishing the necessary elements (event ordinarily indicating negligence, defendant's exclusive control, and no plaintiff contribution). Consequently, the appellate court reversed the judgment, reinstated the complaint, and granted the plaintiffs a new trial against Millar Elevator Industries, Inc. Additionally, testimony regarding an experiment with the stepladder was deemed inadmissible for the new trial.

Personal InjuryNegligenceRes Ipsa LoquiturElevator AccidentStepladder FallJury InstructionsExclusive ControlNew TrialAdmissibility of EvidenceAppellate Procedure
References
4
Case No. MISSING
Regular Panel Decision

Ginsberg v. Industrial Home for the Blind

The court considered the defendants' motion for summary judgment in a case involving plaintiff Seymour Ginsberg, who sustained a transportation-related injury during his employment with the Industrial Home for the Blind. The defendants argued that the plaintiff's sole legal recourse was under the Workers' Compensation Law. The Special Term correctly granted the defendants' motion, thereby dismissing the complaint. This decision was based on the finding that the injury arose out of and in the course of employment, making the Workers’ Compensation Law the exclusive remedy for the plaintiff.

Workers' CompensationSummary JudgmentExclusive RemedyTransportation InjuryEmployment
References
1
Case No. ADJ179514 (STK145833) ADJ2071863 (STK145835)
Regular
May 05, 2010

KEITH SCOTT vs. C B RICHARD ELIS, INC., ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's decision to issue two separate awards for the applicant's two industrial injuries, rather than a single joint award. This aligns with recent case law and statutory changes requiring apportionment to distinct industrial injuries. The judge correctly applied the principle that separate awards are necessary when an AME can apportion disability between injuries, as occurred here. The prior award's value was credited equally to both new awards, and the new overall disability was split between them.

Workers' Compensation Appeals BoardKeith ScottC B Richard ElisInc.Zurich North American InsuranceADJ179514ADJ2071863Reconsideration DeniedBenson v. Workers' Comp. Appeals Bd.Wilkinson doctrine
References
2
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