Olga Kozubenko v. Department of Labor & Industries
34068-6
| Wash. Ct. App. | Jun 13, 2017Background
- Kozubenko sustained a work injury on Jan 25, 2008 at Spokane’s Davenport Hotel, including cervical strain, concussion, and right CNS thrombosis involving the mid transverse sinus.
- The thrombosis is described as a cerebrovascular disease, and Kozubenko receives anticoagulation therapy (Coumadin).
- DLI initially approved benefits for cervical strain, concussion, and thrombosis, but denied a claim that the injury caused a stroke or hemiplegia.
- DLI used ICD-9 coding; it originally labeled the condition as 325, later changed to 437.6, and refused 437.9 as “unspecified cerebrovascular disease.”
- Kozubenko challenged the ICD-9 designation; the BIIA administrative hearings, hearings, and witnesses (including Kozubenko’s doctors) occurred; the administrative judge denied 437.9, and the Board denied Kozubenko’s petition for review, affirming the judge’s decision.
- The superior court affirmed the BIIA decision, and Kozubenko appeals to the Court of Appeals for review on substantial-evidence grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports denying 437.9 for unspecified cerebrovascular disease. | Kozubenko argues 437.9 should apply to her condition as unspecified cerebrovascular disease from her injury. | DLI contends no medical opinion supports 437.9 as caused by the work injury; 437.6 correctly describes the thrombosis. | Yes; substantial evidence supports denying 437.9. |
Key Cases Cited
- Dennis v. Department of Labor & Industries, 109 Wn.2d 467 (1987) (liberal construction of the Act in workers’ compensation)
- Estate of MacMillan, 117 Wn.2d 222 (1991) (liberal construction and de novo review standards)
- Intalco Aluminum, Corp. v. Department of Labor & Industries, 66 Wn. App. 644 (1992) (liberal construction in reviewing BIIA decisions)
- Potter v. Department of Labor & Industries, 172 Wn. App. 301 (2012) (de novo review; evidence standard for BIIA findings)
- Eastwood v. Department of Labor & Industries, 152 Wn. App. 652 (2009) (substantial evidence standard on BIIA review)
- Tomlinson v. Puget Sound Freight Lines, Inc., 166 Wn.2d 105 (2009) (substantial evidence review framework for BIIA decisions)