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

Case No. ADJ9854290
Regular
Apr 10, 2017

MARY VIEIRA vs. PASO ROBLES TANK, INCORPORATED., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES

This case involves defendant's petition for reconsideration of a finding of total permanent disability due to an admitted industrial right ankle injury complicated by Complex Regional Pain Syndrome (CRPS). Defendant argues the Qualified Medical Evaluator's (QME) report lacks substantial evidence due to failure to review prior injury records and for not using DRE ratings. The Appeals Board granted reconsideration to admit a supplemental QME report that reviewed the prior injury records and did not alter the QME's opinions. The Board intends to admit this supplemental report unless good cause is shown within 15 days.

Complex Regional Pain SyndromeCRPSQualified Medical EvaluatorQMEsubstantial evidenceDRE ratingsAMA Guidessupplemental reportPetition for ReconsiderationFindings and Award
References
0
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. ADJ6451750
Regular
Oct 11, 2011

MARVOURNEEN VIRAMONTES vs. WENTE BROS., INC., LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over sanctions imposed by a Workers' Compensation Judge (WCJ) against Liberty Mutual Insurance Company. The WCJ found the carrier's denial of a psychiatric evaluation was unreasonable and imposed sanctions and ordered applicant's expenses be paid. Liberty Mutual sought reconsideration, arguing the WCJ relied on an incomplete record and acted in good faith. The Appeals Board is considering admitting additional medical reports from the applicant's orthopedic surgeon to determine if the carrier's actions were justified.

Workers' Compensation Appeals BoardConsequential InjuryPsychePsychiatric EvaluationQMEPQMESanctionsLabor Code Section 4062.2Labor Code Section 5813WCJ
References
0
Case No. ADJ3128336 (SAC 0273098) ADJ3722234 (SAC 0273100)
Regular
Dec 17, 2010

PHILLIP COOPER vs. RIO LINDA UNIFIED SCHOOL DISTRICT, AND CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BY ITS SERVICING FACILITY, CAMBRIDGE ON BEHALF OF FREMONT INSURANCE (in liquidation)

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous decision. The Board found that critical medical reports relied upon by the judge were not properly admitted into evidence, nor was the record complete. Therefore, the case is returned to the trial level for further proceedings to ensure decisions are based on substantial evidence and admitted records.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings AwardJoint OpinionPermanent DisabilityTemporary Total DisabilityFuture Medical TreatmentSpecific InjuryCumulative InjuryApportionment
References
0
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision

In re Male G.

This case involves a proceeding under section 384-b of the Social Services Law where the Commissioner of Social Services sought to commit the custody and guardianship of a child, 'Male' G., also known as Brian Keith G. During a fact-finding hearing, the petitioner attempted to introduce the child's case record from the Bureau of Child Welfare (BCW) as a business record. The natural mother challenged its admissibility, arguing that certain entries were not made contemporaneously as required by CPLR 4518. The court, after deliberation, ruled that such records are admissible, citing that files maintained by the Department of Social Services are business records. The court clarified that the use of temporary 'day books' from which permanent records are later transcribed does not negate their admissibility, especially when the transcription relies on a previously prepared record rather than memory. Therefore, the BCW case record was ordered to be admitted into evidence.

Custody and GuardianshipSocial Services LawCPLR 4518Business Records RuleAdmissibility of EvidenceChild Welfare RecordsDay BooksPermanent RecordsTranscription ProcessEvidence Law
References
3
Case No. VNO 0493866, VNO 0493867, VNO 0493868
Regular
May 23, 2008

JESUS NAVARRO vs. LA CURACAO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior findings due to a procedurally deficient record, lacking required minutes, stipulations, and clearly admitted evidence. The matter was returned to the trial level for proper record-keeping and a new decision that specifies the commencement of permanent disability indemnity liability and is based on admitted evidence. An improper amended award was also noted and rescinded.

Workers' Compensation Appeals BoardFindings and AwardsReconsiderationPermanent DisabilityApportionmentMedical TreatmentAttorney's FeesFee Sharing StipulationWCJ OpinionSchedule for Rating Permanent Disabilities
References
3
Case No. ADJ9499148
Regular
Mar 28, 2018

GUMERCINDO ANGUIANO ARAUJO vs. YUKON PLASTERING, INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's order disallowing lien claimant's lien. The original order dismissing the lien was based on insufficient evidence in the record, as no testimony was taken and no exhibits were formally admitted into evidence. The Board found the verification defect in the petition for reconsideration to be non-jurisdictional and not prejudicial to the defendant. The case is returned to the trial level for further proceedings to develop the record and properly admit evidence.

Petition for ReconsiderationLien ClaimantStipulation Award OrderLabor Code section 5402Date of InjuryPretrial Conference StatementAdmitted EvidenceRecord of ProceedingsWCAB Rule 10750(a)Hamilton v. Lockheed Corporation
References
3
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