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

Case No. ADJ9682348
Regular
Jan 17, 2023

SAMUEL RAMIREZ vs. AEROTEK/ACE AMERICAN INSURANCE administered by ESIS, STAFFING NETWORK/CIGA by its servicing agent SEDGWICK CMS for LUMBERMANS UNDERWRITING in liquidation, ANTHONY INTERNATIONAL INC. Insured by LIBERTY MUTUAL INSURANCE, ROTH STAFFING COMPANIES insured by XL INSURANCE AMERICA administered by SEDG

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's contention that the statute of limitations did not bar the applicant's amendment of his claim from a specific injury to a cumulative trauma injury. The Board found that the amended application related back to the original timely filed application, as both parties understood the injury was cumulative, and benefits were provided accordingly. The presence of multiple defendants, including CIGA, does not preclude amendments to conform to proof, especially given Labor Code Section 5500.5 concerning cumulative trauma liability. Therefore, the Board amended the original order to find that the amended application alleging cumulative trauma was not time-barred.

CIGAcumulative traumastatute of limitationsrelation back doctrinespecific injuryworkers' compensationamended applicationLabor Code section 5405Labor Code section 5500.5joinder of defendants
References
12
Case No. MISSING
Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal
References
4
Case No. ADJ9920215
Regular
Dec 12, 2017

ALICIA OLMOS vs. JM CONSTRUCTION AND ENGINEERING, INSURANCE COMPANY OF THE WEST

This Workers' Compensation Appeals Board (WCAB) decision denies the applicant's petition for reconsideration. The WCAB adopted the WCJ's report, finding the applicant failed to prove causation for her claimed industrial injury by a preponderance of the evidence. Although the WCAB can amend pleadings to conform to proof, the applicant still bears the burden of proof. Additionally, the applicant's attorney was admonished for citing evidence not admitted into the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeAmendment of PleadingsBurden of ProofIndustrial InjuryCausationEvidence AdmittedAppeals Board Rule 10842(c)Advocacy Letter
References
0
Case No. ADJ11029299 ADJ10664592
Regular
May 03, 2018

KATHLEEN CAMPER vs. VAL VERDE UNIFIED SCHOOL DISTRICT, PSI, administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's initial timely filed claim for cumulative trauma injury should be amended to conform to proof of a specific back injury on May 5, 2016. The Board rescinded the judge's order finding the applicant took nothing and instead ordered the dismissal of the defendant's later-filed specific injury claim. The case is returned to the trial level for further proceedings on the amended claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCustodianCumulative TraumaSpecific InjuryApplication for Adjudication of ClaimDue ProcessQualified Medical Examiner
References
0
Case No. ADJ11326733
Regular
Dec 08, 2020

JOSE NUNO vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Appeals Board granted reconsideration and rescinded the original decision, which had denied the applicant's claim for a cumulative psychiatric injury. The applicant argued the original finding should be amended to reflect a specific psychiatric injury on March 18, 2018, supported by medical evidence. The Board found the WCJ had discretion to amend the pleadings to conform to proof, but that further proceedings were necessary to fully consider the record and allow parties an opportunity to be heard. The matter was returned to the WCJ for further proceedings and a new decision.

Psychiatric injuryAOE/COEPetition for ReconsiderationFindings and OrderQualified Medical ExaminerAdjustment DisorderCumulative injurySpecific injuryStipulationsAmend pleadings
References
1
Case No. ADJ10103148
Regular
Jul 23, 2018

Steven Masuoka (Dec'd), LIANJIN CHEN (Widow) vs. B2 SIGN, INC., STATE COMPENSATION INSURANCE FUND

This case involves a death claim filed by Lianjin Chen for her deceased husband, Steven Masuoka. The defendant argued the death claim was untimely filed, violating the one-year statute of limitations under Labor Code § 5406. The Appeals Board granted reconsideration to amend the original timely filed injury claim to conform to proof as a death claim. This amendment is permitted because the defendant treated the claim as a death claim early on, and the applicant's subsequent death claim filing was properly served, despite a clerical error by the WCAB.

Death ClaimStatute of LimitationsApplication for AdjudicationProof of ServicePetition for ReconsiderationLabor Code Section 5406WCJWCABEAMSLiberal Construction
References
0
Case No. MISSING
Regular Panel Decision
Apr 04, 1989

In re the T. D. Children

The Family Court initially granted a child neglect petition for Marsheen D. but dismissed derivative neglect petitions for his siblings, Mikelle T. and Kinta D. The initial finding for Marsheen D. was based on the respondent father, Gary D.'s, failure to provide necessary follow-up rehabilitation after an elevator accident and his non-attendance at school. The appellate court reversed the dismissal for Mikelle T. and Kinta D., finding independent evidence of neglect, including their absence from school and complaints of hunger, which supported a finding of neglect under Family Court Act § 1046 (a) (i). The hearing court erred in feeling constrained from amending the petitions for the younger children, as Family Court Act § 1051 (b) allows such amendments to conform to proof. The case was remanded for a dispositional hearing concerning Mikelle T. and Kinta D.

Child NeglectFamily Court ActDerivative NeglectAppellate ReviewParental ResponsibilityChild WelfareEvidentiary InferencePetition AmendmentDispositional HearingNew York Law
References
1
Case No. MISSING
Regular Panel Decision

In Re Seatrain Lines, Inc.

Seatrain Lines, Inc., operating as a debtor-in-possession under Chapter 11, objected to a proof of claim filed by the BSA-ILA Pension Trust Fund. The Pension Fund sought $323,163.00 in withdrawal liability, asserting Seatrain was an 'employer' under the Multiemployer Pension Plan Amendments Act of 1980 due to its prior engagement of stevedores for longshoremen services. Seatrain argued it was not an employer because the longshoremen were hired, paid, and controlled by independent stevedores, not Seatrain directly. The court examined common law indicia of employment and congressional intent behind the Multiemployer Act. It concluded that Seatrain was neither a common law employer nor an employer under the Multiemployer Act, and thus had no withdrawal liability. The Pension Fund's claim was consequently ordered expunged.

BankruptcyMultiemployer Pension PlanWithdrawal LiabilityEmployer-Employee RelationshipIndependent ContractorLongshoremenERISAChapter 11Proof of ClaimClaim Objection
References
3
Case No. MISSING
Regular Panel Decision

Perino v. Cohen (In Re Cohen)

The plaintiff sought to amend their complaint, originally filed on June 17, 1987, which objected to the dischargeability of a debt under Section 523(a)(6) of the Bankruptcy Code. The proposed amendment aimed to increase compensatory damages from $5,000 to $10,000 and introduce a new claim for $20,000 in punitive damages, alleging violations of the New York Human Rights Law. The defendant opposed the motion, arguing bad faith, undue prejudice due to the expanded monetary claims, and the legal insufficiency of the punitive damages under New York law or its being time-barred. Citing the liberal amendment policy of Fed.R.Civ.P. 15(a), the court determined that the increase in damages or addition of a punitive claim did not automatically constitute bad faith or prejudice. Consequently, the plaintiff's motion to amend the complaint was granted, with the court allowing the plaintiff to pursue the colorable punitive damages claim, leaving the statute of limitations defense to be addressed later.

Motion to Amend ComplaintBankruptcy DischargeabilityPunitive Damages ClaimCompensatory DamagesFederal Rules of Civil Procedure 15(a)New York Human Rights LawCollateral EstoppelLegal Sufficiency of PleadingStatute of Limitations DefenseBad Faith and Prejudice
References
32
Case No. MISSING
Regular Panel Decision

Boston v. Medical Services for Women

Claimant, a medical secretary, sustained serious injuries from an acid attack while leaving her workplace, en route to a parking garage. The Workers’ Compensation Board ruled that the claimant's injury was compensable, finding it occurred within the precincts of employment, as the route was a usual means of ingress and egress. The employer failed to provide adequate proof of a personal motive for the attack. Subsequently, the Board's decision and amended decision were affirmed on appeal.

Acid AttackCompensable InjuryIngress and EgressEmployment PrecinctsEmployer LiabilityAppellate AffirmationPersonal Motive DefenseMedical Secretary InjuryWorkplace AssaultBoard Ruling
References
0
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