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Case Law Database

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

Case No. MISSING
Regular Panel Decision

City of New York v. Liu

The New York City Comptroller's determination from October 13, 2010, which set prevailing wage rates for “laborers” and “city laborers,” was unanimously confirmed by the court. The petition challenging this determination was denied, and the CPLR article 78 proceeding was dismissed. The court found that the Comptroller's conclusion, stating that mason tenders in Local 79 perform duties comparable to those of laborers, was supported by substantial evidence gathered from investigations and site visits. The court rejected the petitioner’s argument regarding arbitrary distinctions between

Prevailing wagelabor lawcity laborersmason tendersCPLR article 78judicial reviewjob dutieswage ratesNew York City Comptrolleremployment classification
References
3
Case No. MISSING
Regular Panel Decision
Dec 08, 2010

Johnson v. Martins

This appellate decision concerns two related proceedings initiated by Craig M. Johnson and Jay Jacobs following a 2010 general election for State Senator in New York's 7th Senatorial District. The petitioners sought to review the validity of various ballots and compel a manual audit of voter verifiable records. The Supreme Court, Nassau County, denied a manual audit and made rulings on specific challenged ballots. On appeal, the court dismissed appeals from interim decisions but modified the final order. The appellate court directed the Nassau County Board of Elections to cast and canvass certain absentee ballots (exhibits 33, 154, 166) while prohibiting the casting of others (exhibits 8, 127, 182, 183). The denial of the manual audit by the Supreme Court was affirmed.

Election LawBallot AuditAbsentee BallotsVoter Verifiable RecordsGeneral ElectionState SenatorNassau County ElectionsJudicial ReviewElection ContestBallot Canvassing
References
20
Case No. MISSING
Regular Panel Decision

Claim of Williams v. Lloyd Gunther Elevator Service, Inc.

Claimant, who established a compensable workers' compensation claim in 2003, also pursued a third-party personal injury action, which settled for $35,000 on September 16, 2010, with claimant receiving the funds on October 5, 2010. The employer's workers' compensation carrier then suspended payments, arguing its credit against the third-party recovery should begin on the settlement consent date (September 16, 2010), while the Workers' Compensation Law Judge and Board ruled it began on the date claimant received the settlement (October 5, 2010). The Board based its decision on the distinction that the workers' compensation carrier was not the third-party carrier, citing Employer: Icon Routing, a precedent the appellate court found did not support this premise. Reviewing prior Board decisions, the court noted that carriers were permitted to take credit from the consent date if explicitly stated in the consent letter, irrespective of whether the workers' compensation carrier and the third-party carrier were the same. As the Board failed to provide a rational explanation for departing from its established precedent, the appellate court reversed the decision and remitted the matter for further proceedings.

Workers' CompensationThird-Party ActionSettlement CreditLien on ProceedsCommencement DateStatutory InterpretationBoard PrecedentArbitrary and CapriciousAppellate ReviewRemand
References
11
Case No. ADJ3137830
Regular
Sep 07, 2010

ESTELLA HOYOS-MARTINEZ vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES-IHSS; Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant's petition was filed on June 2, 2010, but the relevant deadline, considering mailing service on April 15, 2010, was May 10, 2010. The WCAB found that the defendant was properly served by mail and their claim of late receipt was unsubstantiated. Therefore, the WCAB upheld its prior decision and dismissed the defendant's petition.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationTimelinessFiling DateService by MailNotice of IntentionDismissalFindings & Award & OrderLabor Code Section 5903
References
0
Case No. ADJ4706075 (AHM 0092392)
Regular
Jul 08, 2010

Carl Burd vs. The Boeing Co, American Insurance Guarantee

Lien claimants sought reconsideration of an order dismissing their liens, alleging they complied with court orders and timely objected to dismissal. The Workers' Compensation Appeals Board (WCAB) dismissed their petition for reconsideration because it was untimely filed. The WCAB noted that the 25-day filing deadline, extended due to a Sunday, expired on May 10, 2010, while the petition was dated May 11, 2010, and filed May 12, 2010. As the filing deadline is jurisdictional, the untimely petition had to be dismissed.

Lien claimantsPetition for ReconsiderationOrder Dismissing LiensWorkers' Compensation Appeals BoardWCJuntimely petitionjurisdictional time limitLabor CodeCal. Code Regs.Registry
References
2
Case No. ADJ2534619 (MON 0255706)
Regular
Jun 10, 2010

RUBY YARYAN vs. YOUR STAFF, INC.; SENIOR PSYCHOLOGY SERVICES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION INSURANCE, In Liquidation; STATE COMPENSATION INSURANCE FUND; and COUNTY OF LOS ANGELES, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by co-defendant County of Los Angeles. The petition sought review of a Workers' Compensation Judge's finding that two injuries were inextricably intertwined. The Appeals Board dismissed the petition as untimely filed. Despite a dispute over initial service, the petitioner admitted receiving the decision on November 2, 2010, making their petition due on November 22, 2010. Since the petition was filed on November 30, 2010, it was beyond the statutory deadline and the Board lacked jurisdiction to consider it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeTimelinessService of ProcessLabor Code Section 5903JurisdictionEAMSDefective Service
References
4
Case No. ADJ1970382 (SJO 0236621)
Regular
Nov 04, 2013

PAUL EUGENIO FELICIANO vs. FORWARD AIR, INC., GREAT WEST CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding of total temporary disability for applicant Paul Eugenio Feliciano from January 15, 2010, to June 21, 2010, based on a subsequent surgery and the Board's continuing jurisdiction. Furthermore, the Board upheld the finding of 100% total permanent disability, finding substantial evidence in the vocational expert's report and the applicant's demeanor observed by the WCJ. The Board also confirmed that the permanent and stationary date was appropriately set at June 21, 2010, following the applicant's surgery.

Workers' Compensation Appeals BoardFindings and AwardReconsiderationWarehousemanIndustrial InjuryAmputationPsyche InjuryTotally Temporarily DisabledTemporary Disability IndemnityOverpayment
References
11
Case No. ADJ9805381, ADJ7750980
Regular
Jul 14, 2016

DOROTHY CLAIBORNE vs. PRECIOUS HOME COMPANION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FIRSTCOMP INSURANCE SERVICES

This case involves a petition for reconsideration by FirstComp Insurance Services regarding a workers' compensation claim for a left knee injury. The Appeals Board granted reconsideration to amend a prior finding that the applicant sustained a cumulative injury ending July 23, 2010. While the consolidation of two prior claims was affirmed, the Board found the evidence supporting the specific July 23, 2010 date of cumulative injury was not based on substantial evidence, specifically citing inconsistencies in medical opinions and applicant testimony. The issue of cumulative injury subsequent to July 23, 2010, is deferred.

Workers' Compensation Appeals BoardCumulative InjuryLeft KneeAgreed Medical ExaminerQualified Medical EvaluatorPetition for ReconsiderationFindings and OrderSubstantial EvidenceLabor CodeMedical History
References
12
Case No. ADJ3374037 (POM 0295321)
Regular
Jan 23, 2012

JENNIFER COLLINS vs. AUTO ZONE/GALLAGHER BASSETT SERVICES

This case concerns Jennifer Collins' petition for reconsideration of a workers' compensation administrative law judge's (WCJ) decision that denied her claim for permanent disability and further medical treatment. The WCJ's decision was issued on October 13, 2010. Collins argued the decision was procured by fraud because her attorney, who represented her at trial, had been dismissed on October 5, 2010. However, the Appeals Board dismissed the petition as untimely, noting it was filed over a year after the WCJ's order. The Board found that Collins' new attorneys did not file the substitution of attorney form until November 2, 2010, well after the WCJ's decision.

Petition for ReconsiderationFindings and OrderPanel Qualified Medical ReportIndustrial InjuryWorkers' Compensation Administrative Law JudgeClaim of FraudUntimely FilingDeclaration of Readiness to ProceedMandatory Settlement ConferenceStipulations
References
0
Case No. 2015-1073 K C
Regular Panel Decision
Jan 20, 2017

Acuhealth Acupuncture, P.C. v. Ameriprise Ins. Co.

This case concerns an appeal by Acuhealth Acupuncture, P.C., as assignee of Tykeisha Davis, against Ameriprise Ins. Co. The appeal challenges a Civil Court order that granted summary judgment to the defendant. The defendant successfully argued that it had properly reimbursed the plaintiff for acupuncture services rendered through September 23, 2010, based on workers' compensation fee schedules. For services provided from September 30, 2010, to October 8, 2010, the defendant timely denied reimbursement citing a lack of medical necessity, supported by an independent medical examination. The Appellate Term affirmed the lower court's decision, finding that the plaintiff failed to raise a triable issue of fact against the defendant's defenses.

Acupuncture servicesNo-fault benefitsWorkers' compensation fee schedulesMedical necessitySummary judgmentAppellate TermCivil CourtIndependent medical examinationReimbursementAssignee
References
1
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