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Case Law Database

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

Case No. ADJ1128865 (VNO 0244369), ADJ1909887 (VNO 0181430)
Regular
Jan 09, 2012

JOE NAVARRO vs. LOCKHEED MARTIN

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Joe Navarro's claims against Lockheed Martin. The Board adopted the Workers' Compensation Administrative Law Judge's report, which found Navarro to be an unreliable historian with significant symptom magnification. Consequently, the Board denied injury claims for heart and high blood pressure, and upheld a 27% permanent disability award for a psyche injury, based on the judge's credibility findings.

ADJ1128865ADJ1909887plastic parts fabricatorplastic parts fabricator supervisorcontinuous traumapsyche injurypermanent disabilitynon-industrial apportionmentcredible historiansymptom magnification
References
5
Case No. ADJ237483
Regular
Nov 13, 2012

RAYEK J. FAHOUM vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board denied Rayek J. Fahoum's petition for reconsideration, upholding the findings of the Workers' Compensation Judge. The Judge's report found Fahoum sustained industrial injury to his neck and low back with secondary chronic pain syndrome, awarding 41% permanent disability. This decision relied on the opinions of the Agreed Medical Examiner and Dr. Renee Rinaldi, who concluded Fahoum experienced symptom magnification and that his condition was chronic pain syndrome, not fibromyalgia as claimed by Dr. Allen Salick. The Board extended great weight to the Judge's credibility findings regarding the medical opinions.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerSubstantial Medical EvidenceFibromyalgiaChronic Pain SyndromeSymptom MagnificationOrthopedic InjuryLumbosacral StrainCervical Strain
References
4
Case No. ADJ8383795
Regular
Jan 26, 2015

KEN LETT vs. EXPRESS EMPLOYMENT PROFESSIONALS; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered By SEDGWICH CLAIMS MANAGEMENT SERVICES

This case involves a defendant seeking reconsideration of an award finding the applicant sustained an industrial injury to his back, legs, and thigh. The majority of the Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the WCJ's credibility finding of the applicant and the medical opinions supporting the injury. However, a dissenting commissioner argued the applicant's inconsistent testimony and failure to disclose prior back issues undermined his claim. The dissenting opinion asserted the applicant did not meet his burden of proving the injury arose out of and in the course of employment, citing medical evidence suggesting aggravation of a pre-existing condition and symptom magnification.

Petition for ReconsiderationIndustrial InjuryLow Back InjuryLeg InjuryThigh InjuryEmployment CausationCredibility DeterminationQualified Medical EvaluatorAggravation of Preexisting ConditionApportionment
References
6
Case No. ADJ3167944
Regular
Mar 21, 2011

NEFTALY HEREDIA vs. UNION TRANSPORTATION, INC., SEDGWICK CIAGA GLENDALE

This case involves a claim for workers' compensation benefits for a psychiatric injury allegedly sustained on June 18, 2001. The primary issue is whether the applicant's injury meets the "sudden and extraordinary employment condition" exception to the six-month employment requirement for psychiatric claims under Labor Code section 3208.3(d). The Appeals Board granted reconsideration, rescinded the previous award, and returned the matter for further proceedings. The Board found the Workers' Compensation Judge applied an incorrect "taint of fraud" standard and needs to re-evaluate whether the incident was truly uncommon, unusual, and unexpected. Furthermore, the Board directed the Judge to address issues of symptom magnification and malingering raised by the psychiatric reports.

Sudden and extraordinary employment conditionLabor Code section 3208.3(d)psychiatric injuryQualified Medical Evaluator (QME)symptom magnificationmalingeringpreponderance of the evidenceindustrial injuryamended findings and awardreconsideration
References
2
Case No. CV-23-1674
Regular Panel Decision
Nov 14, 2024

Matter of James v. Premier Home Health Care

Claimant Juana James suffered a left shoulder injury at work, leading to a workers' compensation claim. Her benefits were later suspended after physicians, including her treating orthopedist Donald Heitman and the employer's orthopedist Robert Pae, concluded she reached maximum medical improvement. Heitman assessed a 30% schedule loss of use (SLU), while Pae, citing intentional manipulation and symptom magnification during his examination, found the range of motion measurements unreliable. A Workers' Compensation Law Judge and the Board subsequently determined a 0% SLU, giving credence to Pae's assessment and noting deficiencies in Heitman's methodology. The Appellate Division affirmed these decisions, finding substantial evidence to support the Board's conclusion that the claimant failed to prove entitlement to an SLU award.

Workers' CompensationSchedule Loss of UseShoulder InjuryMedical ExaminationSymptom MagnificationMedical Opinion ConflictCredibility AssessmentRange of MotionMaximum Medical ImprovementAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Claim of Martone v. Niagara Frontier Transportation Authority-Metro

In 2005 and 2007, a bus driver (claimant) suffered work-related neck and back injuries. Initially, a Workers’ Compensation Law Judge found him permanently totally disabled. However, the Workers’ Compensation Board modified this, determining he had a permanent partial disability with a 75% loss of wage-earning capacity based on medical evidence and other factors. The claimant appealed this decision, arguing a lack of substantial evidence for the partial disability finding. The Appellate Division affirmed the Board's decision, noting medical reports indicating submaximal efforts, high medication dosages, symptom magnification, and the ability to ambulate, which supported the finding of partial disability. The court also upheld the 75% loss of wage-earning capacity, finding it supported by substantial evidence after considering the claimant's impairment, work restrictions, age, education, and work experience.

Permanent Partial DisabilityWage-Earning CapacityChronic Pain SyndromeLumbar Spine SurgeryMedical EvidenceSubmaximal EffortsSymptom MagnificationAppellate ReviewBoard DecisionMedical Treatment Guidelines
References
2
Case No. CV-22-2032
Regular Panel Decision
Mar 14, 2024

In the Matter of the Claim of John Deliso

This case involves an appeal from decisions of the Workers' Compensation Board regarding a claim filed by John Deliso, a maintenance supervisor, for work-related repetitive stress injuries. The claim for bilateral carpal tunnel syndrome and repetitive stress injuries to wrists and shoulders was established. However, the employer alleged a violation of Workers' Compensation Law § 114-a, providing surveillance videos that contradicted Deliso's reported functional abilities during permanency evaluations by his treating physician, Christopher Kyriakides. An independent medical examination by Sean Lager also found no functional impairment and symptom magnification. The Workers' Compensation Law Judge, affirmed by the Board, found that Deliso made material misrepresentations regarding his functional abilities, thus violating Workers' Compensation Law § 114-a. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding of material misrepresentations and upholding the discretionary disqualification from future wage replacement benefits due to the egregious nature of the deception.

Workers' CompensationFraudMisrepresentationSurveillance EvidenceMedical EvaluationSchedule Loss of UseDisqualificationOccupational DiseaseAppellate ReviewMaterial Fact
References
12
Case No. MISSING
Regular Panel Decision
Mar 24, 1998

Nicholson v. Mohawk Valley Community College

A secretary at Mohawk Valley Community College developed symptoms consistent with "sick building syndrome" after relocating to a newly renovated building in 1991, leading her to file a workers' compensation claim in 1993. Despite her symptoms subsiding after relocation and initial air quality tests being normal, a Workers’ Compensation Law Judge initially ruled in her favor. However, this decision was subsequently reversed by a Board panel following a full Board review. The Appellate Division affirmed the panel's reversal, concluding there was substantial evidence to support the finding of no causal connection between the claimant's symptoms and her employment, as physicians could not identify specific workplace-exclusive allergens.

Workers' CompensationSick Building SyndromeOccupational DiseaseCausationMedical EvidenceAppellate ReviewBoard DecisionAir QualityEnvironmental AllergensEmployment Link
References
4
Case No. MISSING
Regular Panel Decision

Claim of Lesch v. Wile

This case involves an appeal from a Workers’ Compensation Board decision, filed May 24, 2000, which found the claimant’s application for workers’ compensation benefits to be timely. The claimant filed a claim in June 1997 for carpal tunnel syndrome, an occupational disease. The employer and its carrier disputed the claim’s timeliness, arguing that the claimant’s symptoms dated back to 1989. However, the claimant testified that the pain experienced in 1996 was different from earlier symptoms and that she did not receive a definitive diagnosis until June 30, 1997. A treating orthopedist supported this, stating that the 1996 symptoms were unrelated to previous injuries. The Board credited the claimant's testimony, setting the date of disablement as June 30, 1997, and its decision was ultimately affirmed.

occupational diseasecarpal tunnel syndrometimeliness of claimdate of disablementWorkers' Compensation Boardappellate reviewmedical evidencetreating physiciandefinitive diagnosisstatutory interpretation
References
2
Case No. MISSING
Regular Panel Decision
Sep 10, 1997

Reese v. Key Tronic Corp.

Zorena A. Reese filed a diversity action against Ontel Corporation, Key Tronic Corporation, and Lockheed Corporation, alleging personal injuries from using an Ontel keyboard during her employment at New York Telephone Company. She claims to have suffered cumulative trauma injuries (bilateral median nerve entrapment and carpal tunnel syndrome) with symptoms appearing in mid-1990. Defendants moved for summary judgment, arguing her claims were time-barred by the three-year statute of limitations, contending the period began with her first exposure to the keyboard. The Magistrate Judge recommended denying the defendants' motions, distinguishing repetitive stress injuries from toxic torts and stating that the statute of limitations commences upon the first onset of symptoms. The District Court adopted this recommendation, denying the motions and noting a genuine issue of material fact regarding the exact onset date of plaintiff's symptoms.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentAccrual DateToxic Tort DistinctionProduct LiabilityComputer Keyboard InjuryPersonal InjuryDiversity Jurisdiction
References
16
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