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

Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. ADJ3859668
Regular
Sep 05, 2014

GUY CULVER vs. TERRY DAY, DEPT. OF SOCIAL SERVICES/IHSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Guy Culver's Petition for Reconsideration as untimely filed. The Board found the petition was filed more than 25 days after the original order, exceeding the statutory 20-day limit plus 5 days for mailing. Even if it had been timely, the Board would have denied it on the merits based on the administrative law judge's report. Therefore, the Petition for Reconsideration is dismissed.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code Section 5903Code of Civil Procedure Section 1013DismissalApplicantDefendantState Compensation Insurance Fund
References
0
Case No. ADJ4677993 (MON 0271058)
Regular
Apr 11, 2014

REVA COUNCIL vs. CALIFORNIA VIDEO CENTER, YORK INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Reva Council's Petition for Reconsideration as untimely. The WCAB found the petition was filed more than 25 days after the Order Dismissing Lien issued on January 24, 2014. This exceeded the statutory 20-day filing period plus the 5-day extension for mailing. Therefore, the petition was dismissed by the WCAB.

Petition for ReconsiderationUntimelyDismissalLien claimantWorkers' Compensation Appeals BoardLabor Code section 5903Rule 10507Administrative Law JudgeOrderDecision
References
0
Case No. VNO 0532499
Regular
Dec 14, 2007

PATRICIA BENNETT vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, MAJESTIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Patricia Bennett's petition for reconsideration because it was filed untimely. The petition was filed more than 25 days after the Workers' Compensation Judge's decision, exceeding the jurisdictional 20-day limit plus a potential 5-day mailing extension. Consequently, the WCAB lacked the authority to grant the untimely petition and denied requests for costs, sanctions, and fees.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCJ's DecisionService of OrderCode of Civil ProcedureWCAB RuleDeemed FiledMail DepositSanctions
References
6
Case No. ADJ2380227 (LBO 0376292) ADJ2803570 (AHM 0086412)
Regular
Mar 28, 2011

CHRIS FELICIJAN vs. SANTA ANA UNIFIED SCHOOL DISTRICT

In Felicijan v. Santa Ana Unified School District, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as untimely. The WCAB adopted the administrative law judge's report, which found the petition was filed 36 days after the decision, exceeding the 20-day statutory limit plus a 5-day mailing extension. Therefore, the WCAB ordered the dismissal of the petition.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelydismissadministrative law judgeReport and RecommendationFindings and OrderLab. Code§ 5903Code Civ. Proc.
References
0
Case No. ADJ6673117
Regular
Oct 04, 2011

ENRIQUETA SANCHEZ vs. CARSIM INCORPORATED, DBA MARY MAIDS, ZÜRICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Enriqueta Sanchez's petition for reconsideration. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the WCJ's decision on June 3, 2011. California law mandates that petitions for reconsideration must be filed within 20 days of the decision, with a potential 5-day extension for mailing. The WCAB emphasized that the deadline for filing such petitions is jurisdictional.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionService of OrderCode of Civil Procedure 1013WCAB Rule 10507Actual Receipt
References
6
Case No. ADJ2219719 (VNO 0499919)
Regular
Jul 02, 2009

ELMER COREAS vs. PEKING NOODLE COMPANY, ZENITH INSURANCE COMPANY

This case involves a petition for reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The petition was dismissed as untimely because it was filed 29 days after the decision was served, exceeding the jurisdictional 20-day limit plus a potential 5-day mailing extension. The WCAB emphasized that filing deadlines are jurisdictional and that the Board lacks the power to grant untimely petitions. Had the petition been timely, it would have been denied on the merits according to the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDELMER COREASPEKING NOODLE COMPANYZENITH INSURANCE COMPANYADJ2219719VNO 0499919OPINION AND ORDER DISMISSING RECONSIDERATIONpetition for reconsiderationuntimelyLabor Code section 5903
References
3
Case No. ADJ6622491
Regular
Jun 03, 2014

PAO YANG vs. COUNTY OF FRESNO; Permissibly Self-Insured, Administered By YORK INSURANCE SERVICES GROUP, INC.

This Workers' Compensation Appeals Board case, ADJ6622491, involves applicant Pao Yang and defendant County of Fresno. The Board dismissed Yang's Petition for Reconsideration. This dismissal was based on the Petition being untimely filed, as it was submitted more than 25 days after the September 8, 2011, Order, violating the 20-day filing period plus 5-day mailing extension. The Board adopted the WCJ's Report and Recommendation in reaching this decision.

Petition for ReconsiderationUntimelyWorkers' Compensation Appeals BoardLabor Code section 5903Code of Civil Procedure section 1013WCJ ReportAdministrative Law JudgeDismissalPermissibly Self-InsuredYork Insurance Services Group
References
0
Case No. ADJ10441600, ADJ10717853
Regular
Oct 20, 2020

LINDA DIANE SKAINS vs. G6 HOSPITALITY LLC dba MOTEL 6, LIBERTY MUTUAL INSURANCE

The applicant's petition for reconsideration was dismissed because it was not filed within the statutory 20-day limit, plus a 5-day mailing extension. The petition was received 25 days after the prior order was served. Even if considered on the merits, the petition would be denied as the Appeals Board's prior order correctly addressed the use of occupational group numbers for rating disability. The applicant was not aggrieved by the prior order as they had the opportunity to present their arguments on remand to the WCJ.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationTimelinessLabor Code section 5903JurisdictionalOccupational group numberTemporary total disabilityTemporary disability indemnityPermanent disabilityAttorney fee
References
11
Case No. ADJ4011996 (SDO 0340380)
Regular
Oct 12, 2011

ANDRE ZEEHANDELAAR vs. SAN DIEGOITO UNION SCHOOL DISTRICT, WESTPORT INSURANCE COMPANY, administered by CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed Andre Zeehandelaar's petition for reconsideration as untimely. The petition was filed on August 15, 2011, which was more than 25 days after the Workers' Compensation Judge's (WCJ) decision was served on July 18, 2011. California law mandates that petitions for reconsideration must be filed within 20 days, with a possible 5-day extension for mailing. The WCAB noted that the timeliness of a reconsideration petition is jurisdictional.

ReconsiderationTimelinessLabor Code section 5903WCJPetitionDismissalJurisdictionalServiceReport and RecommendationAppeals Board
References
6
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