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

Case No. ADJ7463348
Regular
Jan 20, 2012

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ RecusalLabor Code Section 123.5State Bar MembershipActive vs. Inactive MemberBusiness and Professions Code Section 6003WCAB Rule 10848Report and RecommendationExpedited Trial
References
0
Case No. MISSING
Regular Panel Decision

Members for a Democratic Union v. Local 1101, Communications Workers

Plaintiffs, Members for a Democratic Union (MDU) and individual members, sought mandatory injunctive relief to compel defendants, Local 1101, Communications Workers of America, AFL-CIO, and its officers, to publish an advertisement promoting a 'Defense Fund' in the union's newspaper, 'The Generator'. They argued this right under section 101(a)(2) of the Labor-Management Reporting and Disclosure Act. The defendants maintained a policy of not accepting paid advertisements, only publishing free notices for union member benefits, and argued this policy was reasonable and consistently applied. The court distinguished the case from previous rulings, noting that 'The Generator' had not 'opened the forum' to commercial speech or taken a stance on the Defense Fund issue. The court also noted that plaintiffs had other viable communication channels. Ultimately, the court found the defendants' policy to be reasonable and granted their motion for summary judgment, denying the plaintiffs' motion and dismissing the action.

Labor LawUnion DemocracyFreedom of SpeechLabor-Management Reporting and Disclosure ActSummary JudgmentUnion NewspaperAdvertising PolicyInjunctive ReliefFirst AmendmentInternal Union Affairs
References
18
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. MISSING
Regular Panel Decision

Elander v. Pleasantville Fire District

The case concerns a 16-year-old claimant who was injured on October 26, 1984, while responding to a fire alarm as a member of the Pleasantville Junior Corps, part of the Pleasantville Fire Department in Westchester County. The central legal question was whether the claimant was entitled to benefits under the Volunteer Firefighters’ Benefits Law as an active member of the department. The Workers’ Compensation Board concluded that the Junior Corps, formed by the Pleasantville Board of Fire Commissioners, was an additional fire company whose members performed duties consistent with active firefighters, thereby qualifying the claimant as an active member under Town Law § 176-b for benefit eligibility. The court affirmed this determination, also rejecting the argument that the Junior Corps fell under General Municipal Law § 204-b as a youth program. Costs were awarded to the Workers’ Compensation Board.

Volunteer FirefightersJunior CorpsFire DepartmentBenefits EligibilityWorkers’ CompensationMinorInjury ClaimFire ServiceStatutory InterpretationAppellate Review
References
0
Case No. 2023 NY Slip Op 00701
Regular Panel Decision
Feb 09, 2023

Matter of Iwuchukwu (Active Transp. Servs.--Commissioner of Labor)

The case involves an appeal by Active Transport Services (ATS) from decisions of the Unemployment Insurance Appeal Board. The Board ruled that Godwin Iwuchukwu, a delivery driver for ATS, was an employee and eligible for unemployment insurance benefits, and that ATS was liable for contributions. The Appellate Division, Third Department, affirmed these decisions, finding substantial evidence supported the Board's determination of an employment relationship, based on ATS's control over drivers, and that Iwuchukwu had not voluntarily left employment without good cause, as he cited a lack of work.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery DriverLogistics BrokerSubstantial EvidenceUnemployment Benefits EligibilityVoluntary Leaving EmploymentDisqualifying MisconductAppellate Review
References
16
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. ADJ6655023
Regular
Jan 16, 2014

MARIA DIAZ vs. ACTIVE WINDOW PRODUCTS, INSURANCE COMPANY OF THE WEST/EXPLORER

This case involves a lien claim by Safety Works, Inc. that was dismissed by the workers' compensation judge for failure to pay a lien activation fee. The Appeals Board granted reconsideration due to a federal court preliminary injunction that enjoined the enforcement of these fee provisions. Consequently, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Lien activation feeRescinded orderReconsiderationWorkers' Compensation Appeals BoardSafety WorksInc.Preliminary injunctionAngelotti Chiropractic v. BakerSection 4903.06WCJ
References
3
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. 2016-1618 K C
Regular Panel Decision
Mar 22, 2019

Active Care Med. Supply Corp. v. American Tr. Ins. Co.

This case concerns an appeal by Active Care Medical Supply Corp. against American Transit Ins. Co. regarding first-party no-fault benefits. The plaintiff, an assignee of Luciano Ernesto, sought summary judgment, while the defendant cross-moved to either dismiss the complaint or hold the action in abeyance. The defendant argued that Luciano Ernesto might be eligible for workers' compensation benefits, thus requiring a determination from the Workers' Compensation Board. The Civil Court granted the defendant's cross-motion to hold the action in abeyance. The Appellate Term affirmed this decision, reiterating that the Workers' Compensation Board has primary jurisdiction over the applicability of the Workers' Compensation Law and that courts should defer to the Board's determination.

No-Fault BenefitsWorkers' Compensation LawPrimary JurisdictionAbeyanceAppellate TermSummary JudgmentEligibility DisputeFirst-Party BenefitsInsurance CoverageAssignor-Assignee
References
9
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