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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
Aug 18, 1999

Stevenson v. Alfredo

The plaintiff appealed an order denying partial summary judgment on liability under Labor Law §§ 240(1) and 241-a against defendants Thomas Alfredo, Alfredo Landscape and Development Corporation, American Application Associates of Mt. Kisco, and Scott Terpening. Defendants Alfredo Landscape and Scott Terpening also cross-appealed portions of the order. The court modified the order, granting the plaintiff's motion for partial summary judgment against Alfredo Landscape and American Application Associates. It also granted summary judgment dismissing Labor Law claims under §§ 240(1) and 241-a against Thomas Alfredo and Scott Terpening, citing the homeowner exemption for Thomas Alfredo. The court affirmed the denial of conditional summary judgment for Alfredo Landscape regarding common-law indemnification due to an issue of fact on its negligence, and upheld the denial of Scott Terpening's cross-motion for summary judgment on common-law negligence and Labor Law § 200, finding a triable issue of fact concerning his work.

Personal InjuriesLabor LawSummary JudgmentStrict LiabilityHomeowner ExemptionGeneral Contractor LiabilitySubcontractor LiabilityAppellate ReviewCommon-Law IndemnificationNegligence
References
13
Case No. ADJ7370794
Regular
Nov 27, 2013

ALFREDO MONROY vs. CALIFORNIA PLASTERING, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's prior decision in Monroy v. California Plastering, Inc. The Board returned the matter for further proceedings and decision by the WCJ, as the prior decision was not a final determination on the merits. The Board noted that a preliminary injunction regarding lien activation fees was not relevant in this case as the fee had been paid.

Workers' Compensation Appeals BoardReconsiderationWCJPreliminary injunctionLien activation feeAngelotti ChiropracticRescindedFurther proceedingsTrial levelAlfredo Monroy
References
1
Case No. ADJ3773479 (SAL 0119774)
Regular
Mar 12, 2013

MARTHA MONROY vs. BLACKSTONE CONSULTING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration and removal filed by Martha Monroy against Blackstone Consulting, Inc. and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration, citing that it was not filed from a final order as required by Labor Code sections 5900(a), 5902, and 5903. The WCAB also denied the petition for removal, adopting the WCJ's report, as Monroy failed to demonstrate substantial prejudice or irreparable harm. Therefore, the petition was dismissed and removal denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory DecisionRemovalWCJ ReportIrreparable HarmInadequate RemedyLabor CodeCal. Code Regs.
References
11
Case No. ADJ1012594
Regular
May 21, 2013

ALFREDO AGUERO vs. BERGELECTRIC CORP., ARGONAUT INSURANCE COMPANY, CHARTIS INSURANCE

This case involves an applicant claiming multiple cumulative injuries, but the Workers' Compensation Appeals Board denied his petitions for reconsideration. The Board adopted the Judge's report, which found the applicant's testimony lacked credibility due to inconsistencies with prior claims, settlements, and medical histories. Consequently, the applicant's claims for injuries beyond a left shoulder injury were not substantiated. The Board gave significant weight to the Judge's credibility findings in reaching its decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJAgreed Medical ExaminerCumulative TraumaCredibilityPermanent Partial DisabilityTemporary Total DisabilityJourneyman ElectricianConsequential Injuries
References
1
Case No. MISSING
Regular Panel Decision

Alfredo S. v. Nassau County Department of Social Services

Judge Miller dissents from the majority's decision, which granted custody of Lorraine to her natural father, Alfredo S., despite the Family Court's finding of risk to the child's safety. Lorraine was born in 1988, testing positive for cocaine due to her mother's drug use, and was placed with the Nassau County Department of Social Services. The judge argues that extraordinary circumstances, including Lorraine's birth condition and the father's admitted past cocaine use, sporadic employment, and lack of support for his other neglected children, justify state intervention. Miller, J. believes the record is insufficient to determine Lorraine's best interests and advocates for remitting the matter to the Family Court for a further hearing, emphasizing the court’s parens patriae duty to ensure the child’s safety and fundamental rights.

Custody DisputeExtraordinary CircumstancesParental RightsChild WelfareDrug ExposureNeglectFamily CourtParental FitnessBest Interests of ChildNassau County
References
36
Case No. ADJ10093064, ADJ8572037, ADJ7692577
Regular
Nov 10, 2015

ALFREDO ALCALA RUIZ vs. GARDNER TRUCKING, INC., NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing a Petition for Removal. The petitioner voluntarily withdrew the petition seeking removal of a September 18, 2015 decision. Consequently, the WCAB formally dismissed the removal petition. This action pertains to consolidated cases involving applicant Alfredo Alcala Ruiz and defendants Gardner Trucking, Inc. and National Interstate Insurance.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardGardner TruckingNational Interstate InsuranceADJ10093064ADJ8572037ADJ7692577Los Angeles District Office
References
0
Case No. ADJ269375 (OAK 0301858)
Regular
Mar 25, 2011

ALFREDO MATA vs. WAGNER CONSTRUCTION COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves applicant Alfredo Mata's petition for reconsideration of a workers' compensation award for spinal and psychiatric injuries sustained in 2003. The applicant argued the initial 90% permanent disability rating was too low, seeking 100% permanent total disability. While the Board affirmed the 90% rating after reviewing the evidence, it deferred the determination of the life pension amount. This deferral is pending a California Supreme Court decision in *Duncan v. Workers' Comp. Appeals Bd.* regarding cost-of-living adjustments for permanent disability benefits.

Alfredo MataWagner Construction CompanyZurich American Insurance CompanyADJ269375OAK 0301858ReconsiderationPermanent DisabilityLife PensionCost of Living AdjustmentCOLA
References
2
Case No. ADJ7659437
Regular
Oct 31, 2016

ALFREDO PEREZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECURITY FUND

The Workers' Compensation Appeals Board denied Alfredo Perez's Petition for Removal. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm if not granted. The Board found that Perez failed to demonstrate such harm or that reconsideration would be an inadequate remedy. Therefore, the petition was denied, adopting the reasoning of the workers' compensation administrative law judge.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmadequate remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.Cal. Code Regs.tit. 8
References
2
Case No. ADJ1107369 (MON 0276871) ADJ7484582
Regular
Jan 09, 2012

ALFREDO GUZMAN vs. CAL MET SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant Alfredo Guzman's Petition for Reconsideration of a prior Findings and Award. This grant is for the purpose of allowing the Board further time to study the factual and legal issues in the case. The WCAB seeks to ensure a complete understanding of the record before issuing a just and reasoned decision. All future communications related to this case must be filed directly with the WCAB Commissioners in San Francisco, not with any local office.

Petition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the Commissioners
References
0
Case No. SAL 114162
Regular
Feb 16, 2007

ALFREDO REYES vs. CENTRAL COAST BUILDING SUPPLY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a lower ruling that extended temporary disability benefits beyond the 104-week limit based on the first payment date rather than the first payable date. This appeal stems from applicant Alfredo Reyes's shoulder injury. The Board requires further study of the factual and legal issues to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability BenefitsCompensable WeeksLabor Code Section 4656(c)(1)Date of First PaymentDate of First Paid BenefitsShoulder InjuryCentral Coast Building Supply
References
0
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