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

Case No. MISSING
Regular Panel Decision

Matter of Deck v. Dorr

This is a dissenting opinion concerning a Workers' Compensation Board's amended decision regarding a schedule loss of use (SLU) award. The claimant had already received a 100% SLU award for the loss of four fingers on their right hand and was granted an additional 100% SLU for their right thumb. The dissenting judge, Aarons, J., argues that there was a lack of substantial medical evidence to support the additional award for the thumb, as the claimant's surgeon did not explain how the thumb injury was separate and distinct from the injury to the other four fingers, which resulted from a single incident. The dissent highlights that the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity specify that the loss of all fingers at proximal phalanges equates to 100% loss of use of the hand. Based on this, the dissenting judge would have reversed the portion of the amended decision granting the additional SLU for the thumb, although the final order stated the amended decision was affirmed.

schedule loss of useSLU awardright hand injurythumb amputationfinger amputationworkers' compensation boarddissenting opinionmedical evidencepermanent impairmentwage earning capacity
References
3
Case No. MISSING
Regular Panel Decision

Claim of Kaja v. Siller Bros.

The claimant, a construction worker, initially received workers' compensation benefits for a severed left thumb in May 2003. A subsequent claim for a consequential neck injury was denied by the Workers’ Compensation Law Judge and affirmed by the Workers’ Compensation Board. The Board also denied the claimant's application for reconsideration regarding both the neck injury and further disability of the thumb. The claimant appealed the Board's May 2009 decision. The appellate court affirmed the Board's denial of reconsideration for the neck injury. However, the court modified the decision, reversing the denial of reconsideration for the left thumb injury based on newly presented medical evidence, and remitted that issue back to the Workers’ Compensation Board for further proceedings.

Workers' Compensation AppealApplication for ReconsiderationFull Board ReviewCausally Related InjuryNeck InjuryLeft Thumb Schedule Loss of UseIndependent Medical ReportNew Medical EvidenceRemittal to BoardAbuse of Discretion Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Pedro v. Liberty Lines Express

The claimant, a mechanic, sustained an injury resulting in the amputation of his right thumb. The Workers’ Compensation Board determined this constituted a 50% schedule loss of the use of his right hand and awarded benefits. The employer appealed this decision, arguing that the injury was exclusively to the thumb and that the Workers’ Compensation Law does not explicitly allow for a single digit loss to be compensated as a partial loss of hand function. The court adopted a flexible approach, asserting that schedule allowances should not be deemed exclusive when treating a smaller member's loss as a percentage of a larger member's loss. Based on the testimony of the Board’s principal medical examiner, who stated the thumb injury diminished the prehensile function of the entire right hand, the court affirmed the Board's finding, concluding it was supported by substantial evidence.

Workers’ CompensationSchedule LossThumb AmputationRight Hand InjuryPrehensile FunctionAppellate ReviewMedical TestimonyInjury CompensationStatutory InterpretationDisability Benefits
References
5
Case No. 534614
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Joseph Marcellino

The case involves an appeal from a Workers' Compensation Board decision concerning claimant Joseph Marcellino's eligibility for a schedule loss of use (SLU) award for permanent injuries to his left elbow and left thumb. Following an April 2015 accident, Marcellino had established claims for multiple injuries, undergoing surgery in 2016. Conflicting medical opinions arose between his treating orthopedic surgeon, Dimitro Christoforou, who assessed significant SLU percentages, and the carrier's orthopedic surgeon, Peter Spohn, who found minimal or no SLU for the left hand, wrist, and thumb. A Workers' Compensation Law Judge (WCLJ) credited Spohn's opinion, awarding 15% SLU for the left wrist but no permanency for the left elbow or left thumb. The Workers' Compensation Board affirmed this decision. On appeal, the Appellate Division, Third Judicial Department, affirmed the Board's decision, reiterating that the Board has the discretion to resolve conflicting medical opinions and reject medical evidence even without opposing proof, finding their determination supported by substantial evidence.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsCredibility AssessmentAppellate DivisionWorkers' Compensation BoardOrthopedic InjuriesElbow Injury
References
7
Case No. 2023 NY Slip Op 00899, 534614
Regular Panel Decision
Feb 16, 2023

Matter of Marcellino v. National Grid

Claimant Joseph Marcellino appealed a Workers' Compensation Board decision finding no permanent injury to his left elbow and denying a schedule loss of use (SLU) award for it, and affirming no SLU for his left thumb. Claimant had established injuries from an April 2015 accident, including to his left elbow and thumb, and underwent surgery in 2016. His treating orthopedic surgeon, Dr. Christoforou, initially opined significant SLU percentages in 2017. However, an August 2020 examination by Dr. Spohn, retained by the carrier, found no range of motion deficits for the left hand, wrist, or thumb, suggesting 0% SLU for these, though he did suggest 15% SLU for carpal tunnel syndrome based on guidelines. The Workers' Compensation Law Judge credited Dr. Spohn's opinion, a finding affirmed by the Board, which discounted Dr. Christoforou's conflicting opinions due to inconsistencies in his own prior findings. The Appellate Division affirmed the Board's decision, stating that the Board has discretion to resolve conflicting medical opinions and reject evidence, even if unopposed.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityMedical Opinion CredibilityOrthopedic SurgeryLeft Elbow InjuryLeft Thumb InjuryCarpal Tunnel SyndromeAppellate ReviewMedical Evidence
References
7
Case No. ADJ9154970
Regular
Sep 07, 2017

DEVIN SMITH vs. STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

This case involves an inmate's workers' compensation claim where the primary issue was whether the applicant was an employee. The Workers' Compensation Appeals Board granted reconsideration, amending the initial findings to specify that the applicant sustained injury to his left thumb, which occurred in the course of his employment. While the employer disputed employee status, the Board affirmed the finding of injury to the thumb, deferring other claimed injuries. The Board's decision clarifies that the inmate was injured during his work duties, entitling him to benefits for the specific injury.

Workers' Compensation Appeals Boardinmate claimslegally uninsuredPetition for ReconsiderationFindings and Ordersworkers' compensation administrative law judgeinjurycourse of employmentbody partleft thumb
References
0
Case No. ADJ4400372 (SAC 0282814)
Regular
May 08, 2009

MICHAEL GRIFFIN vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's denial of the applicant's petition to reopen. The Board found that the applicant established good cause to reopen for new and further disability related to his left thumb and heart injuries sustained during his employment with the California Highway Patrol. Substantial medical evidence supported the cumulative trauma to the left thumb and the presumption under Labor Code section 3212.3 applied to the heart injury. The case was returned to the trial level for further proceedings.

ReconsiderationPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 3212.3Presumption StatuteIndustrial CausationCumulative TraumaStipulated AwardLeft Thumb Injury
References
4
Case No. MISSING
Regular Panel Decision

Meis v. ELO ORGANIZATION, LLC

The Appellate Division's order was reversed, granting summary judgment to the third-party defendant. The case revolved around the interpretation of 'grave injury' under Workers’ Compensation Law § 11, specifically whether the loss of a thumb constitutes 'permanent and total loss of use' of the hand. Citing Castro v United Container Mach. Group, the court emphasized a narrow interpretation of grave injury, rejecting the argument that thumb amputation automatically renders a hand totally useless. The certified question was answered in the negative.

Workers' Compensation Law § 11Grave InjuryLoss of ThumbPermanent Total Loss of UseStatutory InterpretationSummary JudgmentAppellate Division ReversalCourt of Appeals DecisionThird-Party Defendant
References
3
Case No. 533429
Regular Panel Decision
Jun 23, 2022

Matter of Brancato v. New York City Tr. Auth.

Claimant Anthony Brancato, who worked for the New York City Transit Authority for 25 years as a bus mechanic and supervisor, filed a workers' compensation claim for severe pain in his wrists, hands, and thumbs, attributing it to repetitive stress from his job duties. A Workers' Compensation Law Judge determined that he sustained an occupational disease to both hands and thumbs, setting the date of disablement as December 9, 2019. The Workers' Compensation Board affirmed this decision. The Appellate Division, Third Department, further affirmed the Board's decision, finding substantial evidence, including unrefuted medical testimony from his treating physician, Gideon Hedrych, supported the finding of a causally-related occupational disease resulting from repetitive stress.

Occupational DiseaseRepetitive Stress InjuryWorkers' CompensationCausationMedical TestimonyAppellate ReviewBoard Decision AffirmedHand InjuriesThumb InjuriesBus Mechanic
References
10
Case No. MISSING
Regular Panel Decision
Mar 10, 2000

Meis v. ELO Organization, L. L. C.

Plaintiff, a plumber, suffered the complete amputation of the thumb of his dominant hand due to an unsecured pipe falling on him, resulting in significant functional deficits, phantom pain, and future osteoarthritic changes. These injuries have rendered him unable to pursue his trade or engage in routine daily and recreational activities. The case addresses whether these injuries constitute a 'grave injury' under Workers’ Compensation Law § 11, which would permit third-party recovery against his employer. The Supreme Court affirmed the denial of Spartan Plumbing and Heating's motion for summary judgment, concluding that a jury must determine if the impairment is sufficiently 'grave'. The decision emphasizes a liberal construction of the Workers’ Compensation Law and differentiates this case from others involving less severe injuries, underscoring the vital role of the thumb in human activity despite its specific omission from the statutory list of grave injuries.

Grave InjuryWorkers' Compensation Law § 11Third-Party LiabilitySummary JudgmentAmputationLoss of Hand UsePlumberOccupational InjuryJudicial InterpretationStatutory Construction
References
10
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