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

Case No. 2015-01-0255
Regular Panel Decision
May 18, 2016

Munyan, Bart v. PCL Industrial Construction Co.

Bart C. Munyan, a forty-two-year-old resident of Bradley County, Tennessee, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for injuries sustained in a fall. He alleged his fall, resulting in a broken jaw and shoulder injury, was caused by extreme dehydration, a sinus infection, and an ear infection due to illegal, unsanitary, and disrespectful work conditions at PCL Industrial Construction Co. The Court found that Mr. Munyan did not provide sufficient expert medical proof to establish a causative link between his alleged injury and his work, as required by Tennessee law. Therefore, the Court denied his request for interlocutory medical and temporary disability benefits.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityCausationMedical Expert ProofCourse and Scope of EmploymentFall InjuryJaw FractureSinusitis
References
6
Case No. ADJ13173690
Regular
Feb 07, 2023

CHRISTOPHE LELONG vs. BEVERLY HILLS POLICE DEPARTMENT, CORVEL

This case involves a police officer diagnosed with a sinus and respiratory infection caused by *Citrobacter koseri*, a bacteria transmissible through blood. The applicant sustained symptoms during his employment, triggering the presumption of industrial causation under Labor Code section 3212.8. The defendant challenged the presumption, arguing the bacteria's transmission was uncertain and not solely blood-borne. However, the Board affirmed the initial award, finding the defendant failed to meet its burden of proof to rebut the presumption, as the bacteria is capable of being carried or transmitted by blood.

Labor Code 3212.8blood-borne infectious diseasepresumption of industrial causationCitrobacter koseripolice officeroccupational exposuresinus infectionrespiratory systemindustrial injuryrebuttal of presumption
References
10
Case No. MISSING
Regular Panel Decision

Wachtler v. AT&T

The claimant, an office worker, developed a sinus infection and later pneumonia, progressing to asthma, which he attributed to secondhand smoke in his workplace. He retired in June 1995 and filed a workers' compensation claim. A Workers’ Compensation Law Judge initially found the injury work-related, but the Workers’ Compensation Board reversed this, crediting the employer’s physician who stated no causal link. The claimant appealed this reversal. The court affirmed the Board's decision, finding substantial evidence to support the conclusion that the claimant’s asthma was not caused or permanently aggravated by his work environment, as the Board was free to credit the employer's medical testimony.

Workers' CompensationAsthmaSecondhand SmokeWorkplace InjuryCausationMedical EvidenceAppellate ReviewSubstantial EvidenceOccupational DiseaseRespiratory Illness
References
5
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

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. MISSING
Regular Panel Decision

Thompson v. Stolar

Maria G. Thompson filed a medical and chiropractic malpractice lawsuit against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center after suffering knee injuries and subsequent infections allegedly caused by their treatment. Thompson had prior knee issues and surgeries, and Dr. Stolar administered knee injections which likely caused an infection due to improper technique. Dr. Marioni was found negligent for failing to make an emergent referral when Thompson presented with signs of infection. The appellate court reversed the judgment against Dr. Marioni due to insufficient evidence of causation regarding his delayed referral and Thompson's auto-fusion. The court affirmed the judgment against Dr. Stolar and upheld the jury's zero damage awards for certain categories, citing other contributing factors to Thompson's injuries and the payment of past medical expenses by worker's compensation.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSteroid InjectionsKnee FusionMedical NegligenceCausationApparent AgencyDirected Verdict
References
45
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
Jul 30, 1929

Texas Employers' Ins. Ass'n v. Mitchell

This case concerns an employee, Mrs. Mitchell, who sustained an injury from an infected vaccination wound. Her employer mandated the vaccination during a smallpox epidemic, not as a public health measure, but to prevent business disruption. The court ruled that the infection constituted an accidental injury and that the employer-mandated vaccination, despite occurring off-hours and off-premises, was incidental to her employment, making the injury compensable under the Workmen's Compensation Law. The judgment was modified to award Mrs. Mitchell a lump sum of $2,680.04 with interest, affirming the compensability of her injury and overruling the appellant's arguments.

Vaccination InjuryMandatory VaccinationEmployment ScopeAccidental InfectionCompensabilityEmployer DirectiveBusiness InterestTexas Civil AppealsWage ComputationLump Sum Award
References
18
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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