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Case Law Database

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

Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. MISSING
Regular Panel Decision
Feb 21, 2013

Claim of Canales v. Pinnacle Foods Group LLC

Claimant, a 52-year-old production laborer with limited education and English skills, suffered a work-related knee injury in December 2010. Her treating physician initially found a 100% temporary medical impairment, later reducing it to 80% in June and July 2011. Following an independent medical examination in July 2011, the carrier reduced her to a partial disability rate. An orthopedic surgeon determined 100% impairment again in September 2011. A Workers’ Compensation Law Judge awarded an 80% temporary disability rate for the 12-week period following the IME and a total temporary disability rate thereafter, which the Workers’ Compensation Board affirmed in February 2013. Claimant appealed, arguing the Board erred by not considering vocational factors in determining her compensation rate for temporary disability. The appellate court affirmed the Board's decision, finding that "loss of wage-earning capacity" and vocational factors apply only to the duration of permanent partial disability benefits, not to the determination of "wage earning capacity" for temporary partial disabilities under Workers’ Compensation Law § 15 (5-a).

Work-related injuryKnee injuryTemporary disabilityPartial disabilityWage-earning capacityVocational factorsWorkers' Compensation LawStatutory interpretationMedical impairmentIndependent Medical Examination (IME)
References
13
Case No. ADJ7026270
Regular
Dec 13, 2010

NORRIS COOPER vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding applicant Norris Cooper's temporary disability indemnity rate. The Board affirmed the WCJ's finding that Cooper was entitled to temporary disability at two-thirds of his average weekly earnings ($1,356.06), resulting in a rate of $904.04 per week. The Board found that Education Code sections 44043 and 45192 coordinate leave benefits with temporary disability to maintain full pay but do not limit the actual temporary disability rate itself. Therefore, Cooper's entitlement to temporary disability was not restricted to his base salary.

Workers Compensation Appeals BoardOakland Unified School DistrictJT2 Integrated ResourcesPetition for ReconsiderationTemporary Disability IndemnityLabor Code section 4453Education Code section 44043Classified EmployeeAverage Weekly EarningsBase Salary
References
7
Case No. ADJ6438203, ADJ8190271
Regular
Dec 13, 2018

SANDRA BROOKS vs. E. I. DUPONT, BROADSPIRE

This case involves an applicant with industrial injuries to her knees and spine sustained in 2002 and 2003, who continued to work for the defendant employer, receiving pay raises, until her temporary disability began in 2007. The defendant disputed the calculation of the applicant's temporary disability rate, advocating for a rate based on pre-injury wages. The Board affirmed the prior order, clarifying that the temporary disability rate should be based on the applicant's actual wages earned at the time her temporary disability commenced in 2007, recognizing her post-injury wage progression.

Workers' Compensation Appeals BoardSandra BrooksE. I. DupontBroadsPIREADJ6438203ADJ8190271Opinion and Decision After Reconsiderationindustrial injuriesbilateral kneeslumbar spine
References
7
Case No. ADJ8846763
Regular
Dec 04, 2014

FRANK FERNANDES vs. T I C CONSTRUCTION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the finding of an industrial right shoulder injury, the Board found the existing medical evidence insufficient to definitively determine temporary disability. The Board also upheld the stipulated temporary disability rate, rejecting the defendant's argument for a statutory minimum rate, and remanded the case for further development of the record on temporary disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderTemporary DisabilityPermanent DisabilityAverage Weekly WageStipulationMedical Evidence
References
7
Case No. MISSING
Regular Panel Decision

Vandewalker v. Snowball Tree Farm, Inc.

Claimant sustained a left foot injury in November 1982, leading to amputation and subsequent surgeries. The Workers' Compensation Law Judge (WCU) initially found a 70% schedule loss of use, later increasing it to 100% after further medical examination in August 1987. The WCU awarded compensation at $105 per week, with a temporary total disability rate of $183.33 for a specific period. The employer appealed, and the Workers' Compensation Board modified the award, asserting the permanent partial disability rate of $105 per week applied for the entire schedule loss. Claimant appealed this modification, arguing for the higher temporary total disability rate during the protracted healing period. The court affirmed the Board's decision, holding that the injury was classified as a permanent partial disability dating from the accident, and therefore the maximum permanent partial disability rate of $105 per week was appropriate for the entire award period.

Schedule Loss of UsePermanent Partial DisabilityTemporary Total DisabilityAverage Weekly WageAmputationBenefit ModificationAppellate ReviewMedical Examiner ReportJudiciary LawFoot Injury
References
9
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
4
Case No. SAC 338759, SAC 360384
Regular
Jul 15, 2008

JAMES EDWARDS vs. JC PENNEY CO., AMERICAN HOME ASSURANCE CO.

This case concerns an industrial injury to an applicant who claimed temporary disability until February 5, 2007, and received an $18\%$ permanent disability rating. The defendant sought reconsideration, arguing the applicant's permanent and stationary date was earlier, August 9, 2005, and they were entitled to credit for overpaid temporary disability. The Appeals Board granted reconsideration, affirming the WCJ's decision, but amended the applicant's temporary disability indemnity rate to $\$433.74$ due to a clerical error.

Petition for ReconsiderationTemporary Disability Indemnity RatePermanent and Stationary DateAmended Findings Award and OrderOverpayment of Temporary DisabilityCredit for OverpaymentAmerican Medical ExaminerSubstantial EvidenceClerical ErrorLow Back Injury
References
0
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