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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
Jul 11, 1996

Claim of Saunders v. Pepsi Cola

On December 28, 1989, the claimant sustained a lower back injury while working, leading to two surgeries and workers' compensation benefits. X-rays revealed a pre-existing condition of spondylolisthesis. The employer's workers' compensation carrier sought to impose liability on the Special Disability Fund under Workers' Compensation Law § 15 (8) (d). The Workers' Compensation Board concluded that the claimant's disability was solely caused by the 1989 accident and discharged the Special Disability Fund. The Appellate Division affirmed this decision, finding substantial evidence that the spondylolisthesis was asymptomatic and did not contribute to the subsequent disability.

Workers' CompensationSpecial Disability FundSpondylolisthesisPre-existing ConditionPermanent Partial DisabilityAsymptomaticApportionmentMedical EvidenceLiabilityWorkers' Compensation Board
References
3
Case No. ADJ8558787
Regular
Apr 11, 2017

Mario Diaz vs. The Gainey Vineyard, Crump & Forster, United States Fire Insurance

This case involves Mario Diaz's workers' compensation claim for a lumbar spine injury. The Appeals Board granted reconsideration to amend the award, finding the agreed medical examiner's apportionment to pre-existing spondylolisthesis was not sufficiently justified. The Board also corrected the permanent disability rating calculation, utilizing the examiner's 34% whole person impairment instead of the initial 45% regional impairment, ultimately awarding 48% permanent disability without apportionment.

WCABapportionmentpermanent disabilityspondylolisthesisdegenerative disc diseaseAgreed Medical ExaminerAMEEscobedoAlmaraz-GuzmanWhole Person Impairment
References
7
Case No. ADJ1534094 (ANA 0371141), ADJ2039233 (ANA 0370928), ADJ1431772 (ANA 0388738), ADJ3092100 (ANA 0388739)
Regular
Feb 10, 2012

ROLANDO ALVARADO-CRUZ vs. SPRING INDUSTRIES, INC., ZURICH INSURANCE COMPANY

This case involves a workers' compensation applicant seeking reconsideration of a permanent disability award. The applicant argued against the administrative law judge's (WCJ) apportionment of 25% of the disability to pre-existing spondylolisthesis and the method of calculating the final award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, agreeing that apportionment should be applied after adjustments for age and occupation, but otherwise affirmed the WCJ's findings. Consequently, the applicant's permanent disability award was increased to 21% for both the specific and cumulative trauma injuries.

Workers' Compensation Appeals BoardRolando Alvarado-CruzSpring IndustriesZurich Insurance CompanyFindings and AwardAdministrative Law JudgeMachinistPillow StufferSpecific InjuryCumulative Trauma Injury
References
0
Case No. ANA 0329574
Regular
Sep 21, 2007

Martina Gonzalez, Ocegueda vs. ST. JOHN KNITS, ARGONAUT INSURANCE COMPANY

The Appeals Board granted reconsideration and overturned the WCJ's decision, finding the WCJ erred in calculating average weekly earnings and relying on an incomplete medical report for apportionment. The case is returned to the trial level to recalculate average weekly earnings and revisit permanent disability and apportionment issues, considering recent legislative changes regarding pre-existing conditions. The Appeals Board noted that the prior medical report failed to address the applicant's spondylolisthesis and that apportionment rules have changed, eliminating the "old rules" regarding pathology.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLow BackAbdomenRight LegPsycheTotal Permanent DisabilityApportionment
References
5
Case No. ADJ4523497 (AHM 0062594) ADJ488115 (AHM 0062669)
Regular
Jan 09, 2014

Anthony Becker vs. American Drug Stores, Broadspire

The Workers' Compensation Appeals Board denied reconsideration of a decision that apportioned 25% of the applicant's permanent spinal disability to non-industrial factors. The applicant argued that the Agreed Medical Examiner established his permanent total disability was solely due to surgeries for industrial cumulative trauma. However, the Board found the defendant met its burden of proof for apportionment, as the AME's testimony supported that the applicant's pre-existing spondylolisthesis contributed to the need for two-level spinal surgery. The Board adopted the WCJ's report and affirmed the original award.

WCABPetition for ReconsiderationJoint Findings and AwardCumulative TraumaApportionmentNon-industrial factorsAgreed Medical Examiner (AME)Escobedo v. MarshallsSpondylolisthesisPreexisting developmental anomaly
References
1
Case No. 12-CV-4550 (JFB)
Regular Panel Decision
Aug 19, 2014

Anderson v. National Grid, PLC

Plaintiff Michael Anderson filed a disability discrimination lawsuit against his former employer, National Grid, PLC, and Robert DeMarinis, alleging violations of the Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL). Anderson claimed he was denied reasonable accommodation for his spondylolisthesis, discriminatorily discharged, and retaliated against for requesting a transfer. The defendants moved for summary judgment. The District Court granted summary judgment in favor of the defendants on all federal ADA claims, concluding that Anderson failed to establish a disability under the ADA or demonstrate that discrimination motivated his termination. The Court subsequently declined to exercise supplemental jurisdiction over the state law NYSHRL claims.

Disability DiscriminationAmericans with Disabilities Act (ADA)New York State Human Rights Law (NYSHRL)SpondylolisthesisReasonable AccommodationDiscriminatory DischargeRetaliationSummary JudgmentFederal Rule of Civil Procedure 56Employer Misconduct Investigation
References
102
Case No. MISSING
Regular Panel Decision

Satalino v. Dan's Supreme Supermarket

This decision affirms the Workers' Compensation Board's determination that the claimant failed to establish a recognizable link between his occupational disease and employment. The claimant, diagnosed with disc herniation, arthritis, spondylolisthesis, and stenosis, presented testimony from two neurological surgeons. Dr. Stephen Burstein could not definitively link the conditions to employment, noting potential causes like chronic degeneration or age. Dr. Artem Vaynman, while performing surgeries, opined that heavy lifting accelerated degeneration but also acknowledged an initial view of no employment relation and a lack of scientific evidence for repetitive lifting causing spinal injury. The court found no abuse of discretion in the Board's conclusion, emphasizing the requirement for a probable and rationally based causal relationship.

Occupational DiseaseWorkers' Compensation LawCausal RelationshipMedical OpinionDisc HerniationArthritisSpondylolisthesisStenosisHeavy LiftingDegenerative Condition
References
5
Case No. MISSING
Regular Panel Decision

Kirschhoffer v. Van Dyke

Plaintiff Lynne A. Kirschhoffer was injured in a car collision, and defendants were found solely responsible. A jury initially awarded Kirschhoffer $8,595,000 and her husband $1.8 million for derivative claims. The Supreme Court conditionally reduced these awards for future pain and suffering, impairment of earning ability, and the derivative claim, to which plaintiffs stipulated. Defendants appealed, challenging the preclusion of their medical expert's testimony regarding Kirschhoffer's pre-existing spondylolisthesis and the refusal to instruct the jury on pre-existing conditions, both of which the appellate court affirmed. The defendants' contention regarding the speculative nature of lost future earning capacity was also rejected. However, the appellate court further reduced the awards for future pain and suffering, impairment of earning ability, and derivative damages, finding the prior reductions still materially deviated from reasonable compensation, and ordered a new trial on these specific damages unless plaintiffs stipulate to the further reduced amounts.

Personal InjuryCar AccidentDamages ReductionJury AwardMedical Expert TestimonyPre-existing ConditionLost Earning CapacityAppellate ReviewPain and SufferingSpondylolisthesis
References
23
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