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

Case No. MISSING
Regular Panel Decision

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. ADJ312652 (STK 0204453)
Regular
Nov 14, 2008

AMADOR CISNEROS vs. CBC FRAMING and VIRGINIA SURETY, adjusted by CAMBRIDGE INTEGRATED RESOURCES

This case involves a dispute over a Workers' Compensation Appeals Board (WCAB) decision to set aside a prior order and require the defendant to produce the claims adjuster for testimony. The WCAB denied the defendant's petition for removal, finding no abuse of discretion by the judge who properly used WCAB Rule § 10859 to rescind the prior order and allow for further proceedings. The defendant's arguments regarding the applicant's failure to produce the adjuster at trial were deemed premature as no order compelling appearance had been issued.

WCABPetition for RemovalOrder Setting Aside FindingsWCJ DiscretionWCAB Rule 10859Claims AdjusterMandatory Settlement ConferencePetition for ReconsiderationWCAB Rule 10843(b)AOE/COE
References
1
Case No. ADJ9103955
Regular
Aug 25, 2014

EMMANUEL BRISENO vs. CALTRANS, Permissibly Self-Insured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation appeal where the defendant, Caltrans, sought reconsideration of an award of temporary disability benefits. Caltrans argued the award should credit benefits already paid by the Employment Development Department (EDD) to prevent double recovery. The Appeals Board granted reconsideration, agreeing that the award needed adjustment for the EDD's potential lien. Consequently, the Board amended the award to require the parties to adjust the benefit amount, taking into account the EDD's potential lien interest.

Workers' Compensation Appeals BoardADJ9103955Emmanuel BrisenoCALTRANSPermissibly Self-InsuredState Compensation Insurance FundTemporary Disability IndemnityEmployment Development Department (EDD)EDD LienDouble Recovery
References
0
Case No. ADJ7978937
Regular
Aug 26, 2014

KATHERINE JAMES vs. STATE OF CALIFORNIA, CSP KINGS COUNTY AT CORCORAN, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Appeals Board granted reconsideration and amended the original award, admitting defendant's Exhibit E and adjusting the temporary disability indemnity rate. While affirming the finding of a psychiatric injury, the Board rescinded all penalties and sanctions previously awarded. Defendant's assertion of a good faith personnel action defense was deemed reasonable, thus precluding penalties for delayed payment. Temporary disability amounts are to be adjusted by the parties, with jurisdiction reserved for future disputes.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryGastrointestinal SystemDepressionAnxietyPanic AttacksLoss of AppetiteTemporary DisabilityPenalties
References
14
Case No. ADJ6892822 ADJ7949396 ADJ6892819 ADJ7949333
Regular
Sep 30, 2013

Applicant vs. City of Stockton, Permissibly Self-Insured, Adjusted by Corvel

This Workers' Compensation Appeals Board case involves multiple claim numbers and is before the Board for reconsideration of a July 24, 2013 decision. The petitioner, [Applicant Name(s)], has formally withdrawn their petition for reconsideration. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardPermissibly Self-InsuredAdjusted by CORVELStockton District OfficeOpinion and OrderApplicant NameCase Number
References
0
Case No. ADJ7754087
Regular
Jun 20, 2014

SUSAN WILLIAMS vs. CITY OF WEST COVINA, Permissibly Self-Insured, Adjusted By CORVEL

This case concerns a workers' compensation claim where the applicant sustained an industrial injury to her psyche. The defendant sought reconsideration, arguing the permanent disability indemnity rate was incorrectly calculated and requesting sanctions for discovery non-compliance. The Appeals Board granted reconsideration to correct a clerical error in the weekly indemnity rate, reducing it from $270.00 to $230.00, but otherwise affirmed the original award. The Board denied the request for sanctions, finding the defendant failed to present evidence to support their petition.

Workers' Compensation Appeals BoardPublic Information OfficerIndustrial InjuryPsychePermanent DisabilityWeekly RateClerical ErrorPetition for ReconsiderationPetition for SanctionsDiscovery
References
2
Case No. ADJ3378722 (SBR 0326546) ADJ1273783 (SBR 0335209)
Regular
Mar 04, 2009

VICTOR YSLAS vs. CITY OF BARSTOW, Permissibly Self-Insured, CORVEL CORPORATION (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to the defendant, City of Barstow, regarding an interlocutory order. The Board found that although titled "interlocutory," the WCJ's December 30, 2008 order addressed substantive rights and liabilities, making it a final order subject to reconsideration. The Board rescinded the prior order because the WCJ failed to provide a summary of evidence and reasoning as required by Labor Code section 5313, and the medical treatment award was ambiguous. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationInterlocutory OrderFindings and OrderLabor Code Section 4656(c)(1)Temporary DisabilityMedical TreatmentIndustrial InjuryRight KneeWCJ
References
6
Case No. MISSING
Regular Panel Decision

In re the Claim of Ford

The claimant appealed decisions from the Unemployment Insurance Appeal Board denying Trade Adjustment Assistance (TAA) benefits. The initial February 8, 1999 decision was superseded by a May 21, 2001 decision, which the court reviewed. The court found that the Board's denial of further training was reasonable because the claimant had already received suitable paralegal training under Labor Law § 599. The claimant left her paralegal employment to continue law school, rather than finding permanent work in the field for which she was already trained. Consequently, the court affirmed the May 21, 2001 decision and dismissed the appeal from the April 5, 1999 decision as moot.

Trade Adjustment AssistanceTAA BenefitsUnemployment InsuranceEligibilityVocational TrainingParalegal TrainingAdministrative LawAppellate ReviewStatutory InterpretationFederal Trade Act
References
5
Case No. ADJ4692345 (SBR 0332859) ADJ3259771 (SBR 0332860)
Regular
Jun 08, 2010

JOHN BALDARAY vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT, PSI, CORVEL ADM./Adjusting Agent

This Workers' Compensation Appeals Board order denies a petition for reconsideration filed by John Baldaray. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the prior decision stands, and Baldaray's request for review has been rejected.

BALDARAYMORENO VALLEY UNIFIED SCHOOL DISTRICTPSICORVELWCJ REPORTRECONSIDERATION DENIEDADJ4692345SBR 0332859ADJ3259771SBR 0332860
References
0
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