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

Case No. VNO 0509254
Regular
Apr 17, 2008

CAROL LEVENSON vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a claim for bilateral hearing loss and tinnitus allegedly caused by noise exposure during firearms training. The Appeals Board found the opinion of the Agreed Medical Evaluator, Dr. Grossan, to be substantial evidence, concluding that the applicant's conditions were not work-related. Consequently, the Board denied the applicant's claim for hearing loss and tinnitus, awarding only reimbursement for medical-legal liens.

Workers' Compensation Appeals BoardRemovalTemporary DisabilityFindings and AwardLicensing Program AnalystBilateral Hearing LossFirearms TrainingShooting RangeTinnitusQualified Medical Evaluator (QME)
References
1
Case No. ADJ627525 (SFO 0457344)
Regular
Dec 19, 2011

Tarcisio Plaza vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to modify the permanent disability rating and date of injury. The applicant sustained a cumulative trauma injury to his hearing, including bilateral high-frequency hearing loss and tinnitus, while employed as a gardener. The WCAB amended the award to reflect a 16% permanent disability rating, adjusted for age, occupation, and non-industrial causes. Additionally, the WCAB corrected the date of injury to June 2003, based on the applicant's last day of injurious exposure and knowledge of the employment-related cause of his disability.

Workers' Compensation Appeals Boardcumulative traumabilateral high-frequency hearing losstinnituspermanent disabilityapportionmentdate of injuryLabor Code section 5412presbycusisaudiogram
References
3
Case No. ADJ8897698
Regular
Feb 19, 2015

MICHAEL GIBSON vs. ORANGE COUNTY TRANSIT AUTHORITY

In this workers' compensation case, the Appeals Board granted reconsideration and reversed the initial denial of the applicant's appeal concerning tinnitus masking treatment. The Board found that the Administrative Director's (AD) Independent Medical Review (IMR) determination was invalid because the reviewer failed to follow the statutorily mandated hierarchy of standards for assessing medical necessity. Specifically, the IMR reviewer improperly relied on Medicare guidelines without first considering peer-reviewed scientific and medical evidence, as required by Labor Code section 4610.5(c)(2). Consequently, the case was remanded to the AD for a new IMR by a different reviewer.

Independent Medical ReviewLabor Code section 4610.6(h)Tinnitus masking treatmentMedical necessityPlainly erroneous finding of factOrdinary knowledgeExpert opinionAdministrative DirectorUtilization ReviewSection 4610.5(c)(2) hierarchy
References
0
Case No. MISSING
Regular Panel Decision

Claim of Nappi v. Bell Atlantic Corp./NYNEX

Claimant, a telephone operator for Bell Atlantic Corporation/NYNEX, sought workers' compensation benefits for thoracic outlet syndrome and tinnitus, alleging they were work-related. The Workers’ Compensation Law Judge initially found a prima facie case but ultimately denied benefits, concluding that claimant failed to provide sufficient evidence, a decision affirmed by the Workers’ Compensation Board. On appeal, the court affirmed the Board's determination, finding no procedural error in closing the record without absent witnesses and concluding that substantial evidence supported the finding that the claimant's conditions were not causally related to her employment, despite initial medical reports suggesting otherwise.

Workers' Compensation AppealThoracic Outlet SyndromeTinnitusOccupational DiseaseCausal ConnectionMedical EvidenceRecord ClosureSubstantial EvidenceWitness AbsenceAppellate Review
References
6
Case No. ADJ845459 (SRO 0087571) ADJ4607755 (SRO 0087572) ADJ4057511 (SRO 0090061) ADJ2403634 (SRO 0097619)
Regular
Aug 20, 2009

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's findings on industrial injuries to the applicant's left knee, both knees, low back, and left hand, resulting in temporary and permanent disability awards. The Board deferred the issue of attorney's fees due to the applicant's counsel's failure to provide required notice to the applicant, remanding this to the trial level for further proceedings. The applicant's contention that permanent disability should have been found for vertigo, tinnitus, and hearing loss, and that the record should be further developed on these issues, was not addressed in the decision, but the WCJ's report recommending an increase in attorney's fees was incorporated. The employer is admonished to withhold the equivalent of a 15% attorney's fee from the applicant's award pending further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver
References
0
Case No. MISSING
Regular Panel Decision
Mar 11, 1999

Connolly v. Bidermann Industries U.S.A., Inc.

Plaintiff Diana Campbell Connolly sued her employer, Great American, and other defendants for disability discrimination under the Americans with Disabilities Act (ADA) after her termination in January 1995. Connolly, a Vice President of Sales, developed a hearing impairment and tinnitus which prevented her from flying, an essential function of her job. She contended she could have been reassigned to a vacant position that did not require flying. A jury found in her favor, awarding $50,000 for past pain and suffering, $475,000 for past lost wages and benefits, and $350,000 in punitive damages against Great American. The defendants moved for judgment as a matter of law or for a reduction in damages, arguing they were not legally obliged to reassign her and that the damages were excessive. The court denied the defendants' motion in all respects, affirming the jury's finding that reassignment to a vacant position is a reasonable accommodation under the ADA and upholding the damages award.

ADADisability DiscriminationReasonable AccommodationReassignmentWrongful TerminationBack PayPunitive DamagesTinnitusJury VerdictRule 50(b) Motion
References
18
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