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

Case No. ADJ9443336 ADJ9779744
Regular
Nov 25, 2019

JAMES KWASIGROCH vs. SUBSEQUENT INJURIES BENEFIT TRUST FUND OF CALIFORNIA

This case concerns the calculation of combined permanent disability for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits. The applicant, James Kwasigroch, received awards for a prior disability of 63% and a subsequent disability of 74%. The central dispute was whether to add these percentages directly or use a Combined Values Chart (CVC) as the trial judge did. The Appeals Board reversed the trial judge's decision, holding that non-overlapping prior and subsequent disabilities should be added based on the precedent set in *Bookout v. Workers' Comp. Appeals Bd.* This resulted in a finding of 100% combined permanent disability and an adjustment to attorney's fees.

Subsequent Injuries Benefit Trust FundCombined Values ChartBookout v. Workers' Comp. Appeals Bd.Permanent Disability RatingApportionmentMultiple Disabilities TablesPyramidingOverlapNon-overlapping disabilitiesLabor Code section 4751
References
9
Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)
Regular
Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751
References
9
Case No. ADJ3970034 (SRO 0141364)
Regular
Mar 26, 2012

JOSEPH MENEKTOS vs. DISCOVERY OFFICE SYSTEMS, TRAVELERS, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the Supplemental Findings and Orders. The Board found that the existing record was insufficient to determine if the applicant's subsequent industrial injury, standing alone, met the 35% permanent disability threshold required for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The case is returned to the trial level for further medical record development to clarify the applicant's permanent disability from the subsequent injury without regard to prior awards.

Subsequent Injuries Benefits Trust FundSIBTFLabor Code section 4751permanent disability threshold35% ratingprior industrial injurysubsequent industrial injurycumulative effectApportionmentmedical reports
References
4
Case No. ADJ9141358, ADJ9141354
Regular
Apr 18, 2023

ROBERT BEACH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration, rescinding the previous award. The WCAB found that it was unclear whether the applicant met the 5% and 70% eligibility thresholds for SIBTF benefits due to insufficient medical evidence and lack of clear findings regarding the permanent disability percentages of both pre-existing and subsequent injuries. Additionally, the deviation from the standard 15% attorney's fee to 25% lacked sufficient justification. The case is returned to the trial level for further proceedings.

Subsequent Injuries Benefits Trust Fundopposite and corresponding member5% threshold70% thresholdpermanent partial disabilityindustrial aggravationcumulative traumawhole person impairmentpre-existing impairmentslabor disabling
References
11
Case No. MISSING
Regular Panel Decision

Benjamin v. Traffic Executive Ass'n-Eastern

Plaintiffs, employees of the Eastern Weighing and Inspection Bureau (EWIB), sought protective benefits under the Staggers Act after their employment was terminated due to EWIB ceasing operations. An arbitration board determined that EWIB employees were not 'employees of a rate bureau' and thus not entitled to the benefits. Plaintiffs subsequently filed a complaint in federal court, alleging violations of the Staggers Act, mail fraud, RICO, and common law fraud, and moved for a trial de novo. Defendants moved for summary judgment, arguing the arbitration award should be upheld. The court reviewed the arbitration award under the limited provisions of the Railway Labor Act (RLA), finding no grounds to set it aside. The court granted defendants' motion for summary judgment, denied plaintiffs' motion for a trial de novo, and dismissed the complaint.

Staggers ActArbitration AwardSummary JudgmentRailway Labor ActCollateral EstoppelDue ProcessArticle III CourtsJury TrialRICOAdministrative Procedure Act
References
34
Case No. MISSING
Regular Panel Decision

Zimmer v. Chemung County Performing Arts, Inc.

This case is an appeal from an order of the Supreme Court in Tioga County, which granted defendants' motions to set aside a $350,000 jury verdict in favor of the plaintiff and ordered a new trial. The trial court's decision to grant a new trial was affirmed by the appellate court, acknowledging the trial court's discretion in evaluating errors. The basis for setting aside the verdict included the plaintiff's attorney's improper introduction of new medical evidence (CAT scan and X-rays) shortly before trial, without proper notice, and the subsequent testimony of Dr. Leonard J. Barron based on this evidence. Additionally, plaintiff's attorney engaged in prejudicial tactics during summation, attacking the reliability of defendants' medical expert and injecting speculative arguments about inflation and improper references to workers' compensation reimbursement. These combined errors led the trial court, and subsequently the appellate court, to conclude that defendants were denied a fair trial, thus justifying a new trial on damages.

Appeal ProcedureNew TrialEvidentiary RulingsDiscovery AbuseMedical Expert TestimonyJury Verdict Set AsideAttorney MisconductPrejudicial ErrorsDamages DeterminationFair Trial
References
6
Case No. ADJ9171432
Regular
Apr 25, 2016

Kenneth Evanoff vs. CITY OF LOS ANGELES, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves an applicant seeking reconsideration of a workers' compensation award. The applicant, previously awarded 96% permanent disability for a 2007 injury, suffered a subsequent injury in 2012 resulting in prostate cancer. The initial award used the Combined Values Chart to calculate the combined disability at 98%, entitling him to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant argues the trial judge erred by using the Combined Values Chart and seeks to simply add the disability percentages, leading to a 100% combined disability. The Board granted reconsideration, finding that in the absence of overlapping disabilities, the disabilities should be added, entitling the applicant to a 100% permanent disability rating and remanding for a new award.

Subsequent Injuries Benefits Trust FundSIBTFCumulative Trauma InjuryPermanent DisabilityCombined Values ChartLabor Code section 4664(c)(1)(G)Whole Person ImpairmentWPIDate of InjuryDate of Knowledge
References
1
Case No. MISSING
Regular Panel Decision

O'Callaghan v. Walsh

This case concerns a personal injury action where the plaintiff was struck by falling plaster. The Supreme Court, Bronx County, entered a judgment for the plaintiff which was subsequently reversed on appeal. The appellate court found that the trial court improperly precluded the testimony of a defense witness, Catherine Jacobi, without a showing of willful or contumacious conduct, as the plaintiff was not sufficiently prejudiced by the late disclosure. The court also erred in admitting evidence of subsequent repairs when control and maintenance were not disputed issues. The matter has been remanded for a new trial, and the admissibility of an excluded videotape will be determined by the Trial Justice.

Personal InjuryEvidenceWitness PreclusionSubsequent RepairsAppellate ReviewRemandNew TrialTrial Court ErrorDamagesLiability
References
2
Case No. MISSING
Regular Panel Decision

Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers International

Plaintiff Drake Bakeries, Incorporated, initiated a lawsuit to recover damages for an alleged breach of a "no-strike provision" within a collective bargaining agreement, pursuant to Section 301(a) of the Labor-Management Relations Act. The defendant subsequently filed a motion to stay the trial, seeking to compel arbitration as outlined in the collective bargaining agreement and permitted by the United States Arbitration Act. The plaintiff opposed this motion, arguing that the arbitration provision was permissive, that the union waived its arbitration rights by striking, and that the defendants had waived their rights by failing to initiate arbitration. The Court, however, found no merit in the plaintiff's arguments, concluding that the arbitration provisions were mandatory, a breach of contract does not automatically waive arbitration rights, and the defendants did not waive their rights since the plaintiff, as the aggrieved party, had not attempted to initiate arbitration. Consequently, the Court enforced the arbitration agreement and granted the defendant's motion to stay further proceedings in the suit.

ArbitrationCollective Bargaining AgreementNo-Strike ClauseStay of ProceedingsLabor-Management Relations ActUnited States Arbitration ActContract EnforcementWaiverGrievance ProcedureMandatory Arbitration
References
4
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