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

Case No. CA 12-01288
Regular Panel Decision
Apr 26, 2013

GILES, SHAWN v. YI, A. GI

Plaintiff sought damages for injuries allegedly sustained from lead-based paint exposure. Defendants moved to compel plaintiff to produce medical reports detailing diagnosis and causal link to lead exposure before conducting medical examinations. The Supreme Court granted defendants' motion and denied plaintiff's cross-motion for a protective order. The Appellate Division affirmed this decision, finding that given the complexity of lead paint cases where injuries are not specific and a direct causal link was absent from initially disclosed records, the trial court did not abuse its discretion in requiring proof of medical causation prior to defense medical examinations. The dissent argued this requirement imposes an unduly burdensome expert witness obligation not envisioned by relevant procedural rules.

Lead PaintPersonal InjuryDiscoveryMedical ExaminationCPLR 312122 NYCRR 202.17CausationExpert WitnessProtective OrderAppellate Review
References
18
Case No. ADJ7311200
Regular
Aug 03, 2017

SEAN HARRIS vs. COAST CRANE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, THUNDER MACHINE WORKS, AIX INSURANCE COMPANY, AEROTEK, ALLEGIS GROUP INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns a petition for reconsideration by defendant Wausau regarding an arbitrator's findings that applicant sustained industrial injury to his pulmonary system and upper extremities during a cumulative period. Wausau argued the claim was time-barred and that liability for upper extremity injury was improper. The Board denied Wausau's petition, finding Wausau failed to meet its burden of proof on the statute of limitations defense. The Board also determined that applicant properly amended his claim for upper extremities and that apportionment of liability based on days worked was appropriate.

Workers' Compensation Appeals BoardCoast Crane CompanyEmployers Insurance of WausauThunder Machine WorksAIX Insurance CompanyAerotekAllegis Group Insurance Companycumulative injurypulmonary systemupper extremities
References
10
Case No. ADJ602790 (STK 0179563)
Regular
Jul 17, 2012

TRACEE MAWYER vs. GALLO GLASS COMPANY

This case involves Tracee Mawyer's workers' compensation claim against Gallo Glass Company for cumulative trauma injuries. The Appeals Board granted reconsideration, reversing the trial judge's denial of injury to applicant's bilateral upper extremities, specifically carpal tunnel syndrome. The Board found Dr. Clayman's reports sufficiently supported an industrial injury to the upper extremities and awarded additional temporary disability for the period following carpal tunnel surgery. The case was returned for a new permanent disability rating for the upper extremity injuries.

Cumulative traumabilateral upper extremitiescarpal tunnel release surgerytemporary disabilitypermanent disability ratingreconsiderationDr. Claymanneck injuryshoulder injuryspine injury
References
0
Case No. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
References
3
Case No. ADJ10065069
Regular
May 16, 2018

MARCIA FARRAR vs. STATE OF CALIFORNIA, UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of injury arising out of and occurring in the course of employment (AOE/COE) to the applicant's right upper extremity. Defendant argued that no evidence supported injury to other alleged body parts and that the WCJ should have made findings on those parts instead of deferring the issue. The WCAB denied reconsideration, affirming the WCJ's decision to limit the trial to the threshold issue of right upper extremity injury AOE/COE. The WCAB found Dr. Amster's opinion constituted substantial evidence for the right upper extremity injury and that the WCJ acted within their authority by deferring other issues.

Workers' Compensation Appeals BoardAOE/COEQualified Medical ExaminerReconsiderationCumulative TraumaRepetitive Strain InjuryPreexisting ConditionAggravationContributing CauseMandatory Settlement Conference
References
7
Case No. SBA 0083738, SBA 0084753
Regular
Dec 04, 2007

MAGDALENA PINEDA vs. INAMED CORPORATION aka MCGHAN MEDICAL, CIGA by CAMBRIDGE INTEGRATED SERVICES, SAFECO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award. The applicant had sought reconsideration of findings that she sustained industrial injury to her bilateral upper extremities, neck musculature, shoulders, and upper back, but not to her psyche or cervical spine. The Board adopted the WCJ's report and recommendations, denying the petition and noting a potential clerical error in the award regarding medical treatment for the cervical spine and psyche.

Workers' Compensation Appeals BoardMagdalena PinedaInamed CorporationMcGhan MedicalCIGACambridge Integrated ServicesSafecobilateral upper extremitiesneck musculatureshoulders
References
0
Case No. ADJ6581535
Regular
Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker
References
1
Case No. ADJ105804 (ANA 0388145)
Regular
Jul 20, 2012

MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., permissibly self-insured

This case involves a fire captain's claim for industrial injury to his upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments. The Workers' Compensation Appeals Board (WCAB) rescinded the previous award, finding insufficient evidence to support industrial causation for these specific upper extremity injuries. The WCAB remanded the case for further development of the record, as medical reports did not definitively link the conditions to his employment. The determination of permanent disability and apportionment for these issues remains deferred pending further medical evaluation.

Workers' Compensation Appeals BoardIndustrial InjuryFire CaptainUpper ExtremitiesCarpal Tunnel SyndromeCanal of Guyon EntrapmentBilateral EntrapmentIndustrial CausationAgreed Medical EvaluatorOrthopedist
References
5
Case No. ADJ8415183
Regular
Apr 27, 2015

TIM HAGER vs. COUNTY OF SANTA CLARA CENTRAL FIRE DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to correct a technical rating error in the applicant's permanent disability award. The Board affirmed the original finding that the applicant, a firefighter, sustained industrial injuries to his bilateral upper extremities and heart. However, the permanent disability rating was adjusted from 71% to 70% due to the correction of a specific rating modifier. The Board also found that the orthopedic Agreed Medical Evaluator's use of grip loss to rate the applicant's upper extremity impairment was supported by substantial evidence.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityFirefighterBilateral Upper ExtremitiesHeart HypertensionAgreed Medical Evaluator (AME)Orthopedic AMEInternal Medicine AME
References
5
Case No. ADJ1170386 (OXN 0133453) ADJ2465830 (VNO 0334817)
Regular
May 17, 2010

Larry Salit vs. ALPHA INDUSTRIES, CHARTIS COSTA MESA, CITY OF INGLEWOOD

This case involves Larry Salit's petitions for reconsideration of two workers' compensation awards. The applicant sought compensation for cumulative trauma injuries to his upper extremities and for injuries to his back, TMJ, hearing, neck, upper extremities, and fibromyalgia. The applicant contended the judge erred in apportioning prior injuries, awarding liens, and discounting medical opinions regarding fibromyalgia and its connection to IBS. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's findings that apportionment was proper and supported by substantial medical evidence.

Workers' Compensation Appeals BoardCumulative trauma injuryBilateral upper extremitiesPermanent disabilityApportionmentLabor Code 4663Labor Code 4664FibromyalgiaTMJIrritable Bowel Syndrome (IBS)
References
1
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