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

Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
3
Case No. ADJ1674856
Regular
Dec 29, 2010

BARBARA SOREM-HUGHLETT, BARBARA HUGHLETT vs. VENTURA COUNTY, CHARTIS COSTA MESA

This case involves multiple workers' compensation claims filed by Barbara Sorem-Hughlett against Ventura County and Chartis Costa Mesa. The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order Granting Petition for Reconsideration in these consolidated cases. Therefore, all future communications, objections, and motions related to these claims must be directed to the WCAB's San Francisco office, not any local office, pending a Decision After Reconsideration. The order was filed on December 29, 2010.

Sorem-HughlettVentura CountyChartis Costa MesaPetition for ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneJames C. CuneoAlfonso J. Moresi
References
0
Case No. 2016 NY Slip Op 04119 [141 AD3d 43]
Regular Panel Decision
May 26, 2016

Costa v. State of New York

Claimant Modesto Costa, a construction worker, sustained injuries at Pier 40 due to a collapsing metal beam. Pier 40 is owned by the State of New York but managed by the Hudson River Park Trust. After an initial claim against New York City was dismissed, Costa sought to file a late notice of claim against the State of New York. The Court of Claims denied this motion, asserting the State was not a proper party due to the legislative transfer of legal obligations to the Trust under the Hudson River Park Act. The Appellate Division, First Department, affirmed this decision, holding that despite retaining record title, the State was not an "owner" for Labor Law §§ 240(1) and 241(6) liability purposes. The court reasoned that the Hudson River Park Act, particularly the clause stating the Trust "shall succeed to all...other legal obligations," demonstrated legislative intent to exempt the State from such liability. This intent was further supported by a 2013 amendment requiring the State to indemnify the Trust, indicating that the original Act intended the Trust to bear sole legal responsibility for injuries in the Park. Therefore, the State was not a proper party to the action.

Labor Law liabilityOwner liabilityAbsolute liabilityPublic benefit corporationHudson River Park ActStatutory interpretationLate notice of claimProperty ownershipLessees liabilityGovernmental immunity
References
8
Case No. ADJ1245747 (BAK 0140714)
Regular
Jul 14, 2009

BALDEMAR SANCHEZ vs. KINLEY CONSTRUCTION, AIG COSTA MESA

The applicant sought reconsideration of a WCJ's finding that the employer's actions did not constitute serious and willful misconduct, thus denying additional benefits under Labor Code § 4553. The applicant had previously settled his industrial injury claim for $60,000, but the settlement explicitly excluded the serious and willful misconduct claim. The Appeals Board denied the petition for reconsideration, adopting the WCJ's reasoning that the employer's conduct, while negligent, did not rise to the level of serious and willful misconduct. The Board also noted the applicant's petition violated procedural rules regarding spacing, cautioning counsel for future compliance.

Serious and Willful MisconductLabor Code § 4553Petition for ReconsiderationFindings of Fact & AwardCompromise & ReleaseIndustrial InjuryPelvis InjuryHip InjuryAbdomen InjuryBilateral Knees Injury
References
0
Case No. ADJ4176208 (VNO 0549338)
Regular
Sep 25, 2009

CHRISTOPHER STIEPEKE vs. ENTERTAINMENT PARTNERS, INC., AIG COSTA MESA

The Workers' Compensation Appeals Board denied Entertainment Partners, Inc.'s petition for reconsideration. The defendant disputed the finding that the applicant's average weekly earnings were sufficient to make them liable for the Employment Development Department's (EDD) lien. The Board affirmed the administrative law judge's decision, clarifying that the judge did not establish a specific average weekly earnings amount but rather determined the minimum necessary for the defendant to cover the EDD lien. Therefore, the defendant's petition was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeAverage Weekly EarningsTemporary Disability IndemnityEmployment Development DepartmentEDD LienIndustrial InjuryRight Elbow
References
0
Case No. ADJ136720 (OXN 0147205)
Regular
Apr 24, 2009

ANGELA SMITH vs. WILSON ADMINISTRATIVE SERVICES, AIG COSTA MESA

This case involves a petition for reconsideration filed by Angela Smith. The Workers' Compensation Appeals Board has reviewed the petition and the report of the workers' compensation administrative law judge. For the reasons stated in the judge's report, the Board has denied Ms. Smith's petition. Therefore, the prior decision remains in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ136720ADJ403529Wilson Administrative ServicesAIG Costa MesaAngela SmithJames C. Cuneo
References
0
Case No. ADJ4310813
Regular
Mar 03, 2016

PIUS LEKE vs. COLLEGE HEALTH ENTERPRISES, AIG CLAIMS COSTA MESA

Applicant Pius Leke sought reconsideration of an order, claiming he was bullied and confused into signing stipulations for an award. However, the Board dismissed his petition because the case was subsequently settled in its entirety through a Compromise and Release agreement approved by the WCJ. This settlement rendered the pending reconsideration request moot. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionStipulations with Request for AwardBullyingConfusionReport and RecommendationCompromise and ReleaseOrder Approving Compromise and ReleaseMoot
References
0
Case No. ADJ8298527
Regular
Mar 30, 2015

BRANDON COSTA vs. WOLSELEY INVESTMENTS, doing business as FERGUSON ENTERPRISES, INC., LIBERTY MUTUAL INSURANCE COMPANY for HELMSMAN MANAGEMENT SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Brandon Costa's petition for reconsideration. The Board adopted the judge's report, finding the applicant's testimony regarding providing medical reports to the employer not credible. Because the applicant failed to respond to the employer's request for documentation, his termination was deemed for good cause. Consequently, the applicant is not entitled to temporary disability benefits during periods of temporary partial disability.

WCABPetition for ReconsiderationWCJcredibility determinationGarza v. Workmen's Comp. Appeals Bd.admitted industrial injurytemporary disabilitytemporary partial disabilitylight duty worktermination for cause
References
0
Case No. MISSING
Regular Panel Decision

Lugo v. AIG Life Insurance

Plaintiff Farecilpa Lugo sued AIG Life Insurance Company and Hobart Corporation, seeking accidental death benefits under ERISA after her husband's death in 1984. AIG denied claims, citing late notice and the cause of death. Lugo argued that notice to PMI (Hobart) was sufficient, AIG waived the late notice defense, and her claim was within ERISA's statute of limitations. The court found AIG did not waive its late notice defense due to a reservation of rights clause, Lugo failed to prove PMI was AIG's agent, and the Plans' three-year limitation period, not ERISA's six-year period, applied, barring the suit. Consequently, the court dismissed the action, rendering the request for a jury trial moot.

ERISAAccidental Death BenefitsInsurance PolicyLate Notice DefenseWaiverEstoppelStatute of LimitationsAgencySummary JudgmentFederal Common Law
References
37
Case No. ADJ3688325 (SBR 0323875) ADJ1445844 (SBR 0323876) ADJ4577184 (SBR 0323877)
Regular
Sep 22, 2009

MARIA FUENTES vs. WAKEFIELD ENGINEERING, AIG COSTA MESA, LUMBERMEN'S MUTUAL CASUALTY CO.

This case involves a defendant seeking reconsideration of an order that reinstated a prior workers' compensation award. The defendant argued the order erroneously reinstated the award after it was dismissed from one of the underlying cases and was not given due process. The Appeals Board dismissed the reconsideration petition, finding the order at issue was not a final order and thus not subject to review under Labor Code section 5900. Furthermore, the Board denied a petition for removal, concluding the defendant failed to demonstrate significant prejudice or irreparable harm, as it remains liable under the joint award and can seek contribution from another insurer.

WCABPetition for ReconsiderationPetition for RemovalOrder Setting Aside Findings and AwardVocational Rehabilitation BenefitsQualified Injured WorkerSpecific InjuryCumulative TraumaInsurance CoverageParty Defendant
References
7
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