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

Case No. LAO 0805059 & LAO 0844230
Regular
Jan 07, 2008

JOSE TAPIA vs. RSS AERO INDUSTRIES, HIGHLANDS INSURANCE GROUP

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the judge's award of 59% permanent disability. The employer argued the judge incorrectly used the 2004 permanent disability schedule instead of the 1997 schedule for injuries sustained in 2001 and 2004. The Board found the use of the 2004 schedule was proper as it applied to the date of the applicant's last industrial injury. The Board also noted that the employer waived any objections to combining the injuries into a single award by not raising them in their petition.

WilkinsonParkerNuellepermanent disabilityreconsiderationapportionmentcompensation scheduleindustrial injuryWCABLabor Code
References
16
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ3953602 (SRO 0260827) ADJ2646453 (SRO 0133845)
Regular
Nov 14, 2012

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of an award finding the applicant totally permanently disabled due to industrial injuries sustained in 2004. The WCJ found the combined injuries greater than 70% and the second injury itself greater than 35%, entitling the applicant to SIBTF benefits. SIBTF argues the applicant's disability is solely due to the subsequent injury, thus disqualifying them from SIBTF benefits. The Appeals Board granted reconsideration to review the admissibility of two vocational reports and deposition transcripts, Exhibits M and N, which were previously marked for identification only. The Board intends to receive these documents into evidence unless timely objections are filed.

SIBTFPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryVocational Rehabilitation EvaluationDiminished Future Earning CapacityDeposition TranscriptExhibits M and NWCJ Report
References
0
Case No. MISSING
Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability
References
3
Case No. ADJ2925672 (MON 0319752) ADJ176214 (MON 0319757)
Regular
Apr 24, 2009

GEORGE ZIMMERMAN vs. WARNER BROTHERS STUDIO FACILITIES, WARNER BROTHERS WORKERS' COMP.

The Workers' Compensation Appeals Board denied George Zimmerman's petition for reconsideration regarding a March 26, 2004 injury, agreeing that it did not arise out of his employment. However, the Board granted reconsideration to correct a mathematical error in the permanent disability award for a cumulative trauma back injury, adjusting the award from 31.5% to 30.5% after a 50% apportionment to non-industrial factors. The Board affirmed the WCJ's determination regarding the apportionment for the cumulative trauma injury, while clarifying that the specific March 26, 2004 injury was not industrial. The Amended Findings and Award were modified to reflect the corrected permanent disability rating and attorney fees.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative TraumaSpecific InjuryBack InjuryLeft Knee InjuryApportionmentPermanent Disability RatingAgreed Medical ExaminerTemporary Disability
References
0
Case No. ADJ1970560 (OAK 0344240)
Regular
Mar 09, 2016

VAZGEN MANAS vs. THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a credit sought by the Subsequent Injuries Benefits Trust Fund (SIBTF) for permanent disability advances paid to the applicant. The SIBTF argued that its liability for combined permanent disability should be calculated under Labor Code section 4751, which limits liability to the difference between the combined disability and the disability from the subsequent injury alone. The Workers' Compensation Appeals Board agreed, reversing the prior finding that allowed a credit under section 4753 for the employer's payments. The Board clarified that section 4753 applies to payments for preexisting disability, not the subsequent industrial injury, and thus SIBTF's credit is limited by section 4751.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Labor Code section 4753permanent disability advancespreexisting permanent disabilitysubsequent industrial injurycombined permanent disabilitycreditWCJFindings of Fact
References
6
Case No. MISSING
Regular Panel Decision
Apr 11, 2003

Coku v. Millar Elevator Industries, Inc.

The plaintiffs appealed a judgment dismissing their complaint against Millar Elevator Industries, Inc. The injured plaintiff, a maintenance worker, allegedly sustained injuries when he fell from a stepladder in a service elevator that suddenly dropped. The trial court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur, despite the plaintiffs establishing the necessary elements (event ordinarily indicating negligence, defendant's exclusive control, and no plaintiff contribution). Consequently, the appellate court reversed the judgment, reinstated the complaint, and granted the plaintiffs a new trial against Millar Elevator Industries, Inc. Additionally, testimony regarding an experiment with the stepladder was deemed inadmissible for the new trial.

Personal InjuryNegligenceRes Ipsa LoquiturElevator AccidentStepladder FallJury InstructionsExclusive ControlNew TrialAdmissibility of EvidenceAppellate Procedure
References
4
Case No. MISSING
Regular Panel Decision

Ginsberg v. Industrial Home for the Blind

The court considered the defendants' motion for summary judgment in a case involving plaintiff Seymour Ginsberg, who sustained a transportation-related injury during his employment with the Industrial Home for the Blind. The defendants argued that the plaintiff's sole legal recourse was under the Workers' Compensation Law. The Special Term correctly granted the defendants' motion, thereby dismissing the complaint. This decision was based on the finding that the injury arose out of and in the course of employment, making the Workers’ Compensation Law the exclusive remedy for the plaintiff.

Workers' CompensationSummary JudgmentExclusive RemedyTransportation InjuryEmployment
References
1
Case No. MISSING
Regular Panel Decision

Scally v. Regional Industrial Partnership

Joseph E. Scally sustained personal injuries after falling from an air conditioning unit while working on a project involving the removal and replacement of these units from a building's roof. Plaintiffs brought an action alleging negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against various parties involved in the project, including Regional Industrial Partnership, ABB Automation, Inc., Webster Crane Service, Inc., and Hendon Enterprises, Inc. The Supreme Court initially denied partial summary judgment for plaintiffs on Labor Law § 240 (1) and dismissed certain Labor Law claims against the defendants. On appeal, the order was modified to reinstate Labor Law § 240 (1) claims against Regional Industrial Partnership, ABB Automation, Inc., and Webster Crane Service, Inc., granting plaintiffs' motion for summary judgment on this claim. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim and other parts of the order, while also addressing indemnification claims between the defendants and third-party defendant Ancoma, Inc., Scally's employer.

Personal InjuryLabor LawSummary JudgmentElevation Related RiskProximate CauseContributory NegligenceIndemnificationThird-Party ActionCrane AccidentConstruction Accident
References
25
Case No. ADJ2651648 (MON 0342704)
Regular
Jul 18, 2017

TERESA SANCHEZ vs. HAWTHORNE UNIFIED SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award granting applicant benefits for a 2006 industrial injury, arguing the prior disability rating was insufficient. The applicant had two industrial injuries: a 1997-2002 cumulative trauma and the 2006 specific injury, both causing fibromyalgia. The WCJ found the combined disability from both injuries exceeded the threshold for SIBTF benefits, based on her primary treating physician's rating. The Appeals Board affirmed the WCJ's decision, adopting the judge's report which found the applicant met the criteria for SIBTF benefits, and denied the SIBTF's petition.

Subsequent Injuries Benefits Trust FundSIBTFcumulative traumacompensable consequencefibromyalgiapermanent and stationaryAgreed Medical ExaminerAMA Guides1997 rating scheduleprimary treating physician
References
0
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