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Case Law Database

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

Case No. ADJ1010124 (MON 0336772)
Regular
Jan 23, 2014

ANA MENDOZA vs. LSG SKY CHEFS, INC., LIBERTY MUTUAL

This case involves a petition for reconsideration filed by a lien claimant in Ana Mendoza's workers' compensation claim against LSG Sky Chefs, Inc. and Liberty Mutual. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based solely on the administrative law judge's report, which found the petition was not filed in a timely manner. Therefore, the WCAB adopted this reasoning to dismiss the lien claimant's appeal.

Petition for ReconsiderationDismissedTimelyLien ClaimantWCJ ReportAdministrative Law JudgeWorkers' Compensation Appeals BoardLSG Sky ChefsLiberty MutualAna Mendoza
References
0
Case No. 2020 NY Slip Op 03775
Regular Panel Decision
Jul 08, 2020

Mendoza v. Enchante Accessories, Inc.

The plaintiff, Jesus Mendoza, sued Enchante Accessories, Inc. for personal injuries after falling from a stock picking machine in a warehouse. Mendoza alleged Enchante was negligent in supervision, training, and providing safety equipment. Enchante countered that it had ceded control of the warehouse and that safety devices were available, with Mendoza's non-use being the sole cause. A jury found both parties negligent, assigning 25% liability to Enchante. The Supreme Court denied Enchante's post-trial motions for judgment as a matter of law, to set aside the verdict, or to amend its answer to include a Workers' Compensation defense. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that sufficient evidence supported the jury's findings and that Enchante's motion to amend its answer was procedurally deficient and lacked substantive proof.

Personal InjuryNegligenceWarehouse AccidentStock PickerJury Verdict ReviewAppellate ProcedureCPLR 4401CPLR 4404Workers Compensation DefenseSafety Training
References
16
Case No. ADJ 6989600 ADJ 7517232 ADJ 7597741 ADJ 9169430
Regular
May 02, 2016

RENE MENDOZA (Deceased) DOLORES MENDOZA (Dependent) vs. CITY OF LOS ANGELES DEPARTMENT OF HOUSING AUTHORITY; YORK

This Workers' Compensation Appeals Board case involves a petition for removal filed by a petitioner, who subsequently withdrew it. As a result, the Board ordered the dismissal of the petition. The case originates from the claims of Dolores Mendoza, dependent of the deceased Rene Mendoza, against the City of Los Angeles Department of Housing Authority and York. This dismissal pertains to a decision issued on March 16, 2016.

Petition for RemovalWorkers' Compensation Appeals BoardDismissedApplicantDependentDefendantCase Nos.Van Nuys District OfficeDecisionPetitioner
References
0
Case No. ADJ4435696 [ANA 0406876] ADJ1243268 [ANA 0406877]
Regular
Sep 02, 2008

ANN JOHNSON vs. SANTA ANA UNIFIED SCHOOL DISTRICT

The School District failed to provide proper notice of its Medical Provider Network (MPN) to the applicant at the time of injury. The District is liable for reasonable medical treatment self-procured by the applicant.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Santa Ana Unified School Districtnotice requirementsAdministrative Director Rule 9767.12(a)Knight v. United Parcel Serviceburden of proofself-procured treatmentliabilityreconsideration
References
1
Case No. ADJ1609885 (ANA 0410274)
Regular
Jun 14, 2010

JUAN MEDINA vs. SANTA ANA PLATING, STATE COMPENSATION INSURANCE FUND SANTA ANA

This case involves a lien claimant, Main Street Specialty Surgery Center, seeking reimbursement for medical services provided to applicant Juan Medina for an industrial injury on December 13, 2002. The lien claimant filed its application for adjudication on May 29, 2008, over five years after the date of injury and the provision of medical services. The Workers' Compensation Appeals Board reversed the finding of the administrative law judge, holding that the lien claimant's claim is barred by Labor Code section 5405. The Board clarified that lien claimants initiating proceedings must adhere to the same statutes of limitations as the injured worker, and without a timely filed application, recovery is precluded.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and AwardLien ClaimantStatute of LimitationsLachesLabor Code section 4903.5Labor Code section 5405Application for Adjudication
References
3
Case No. ADJ7503292
Regular
Mar 26, 2013

RIGOBERTO MENDOZA vs. PIZZA MIZZA, GUARD INSURANCE GROUP

The Workers' Compensation Appeals Board denied Rigoberto Mendoza's petition for reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) finding that Mendoza did not sustain the alleged industrial injury. The WCJ's decision was based on an evaluation of witness credibility and inconsistencies in Mendoza's account of the injury. Specifically, the WCJ found the employer's testimony more credible regarding the timing and nature of the reported injury. The Board gave great weight to the WCJ's credibility determination, leading to the denial of reconsideration.

WCABPetition for ReconsiderationDenialCredibilityGarza v. Workers' Comp. Appeals Bd.ApplicantEmployerIndustrial InjuryBack InjuryLeg Injury
References
1
Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND

This case concerns the New York State Insurance Fund's (NYSIF) liability for workers' compensation claims filed by former New York Giants employees. NYSIF argued it was not liable due to sovereign immunity and limitations in its New York-centric insurance policies. The Workers' Compensation Appeals Board affirmed the Arbitrator's decision, finding that Coverage B of the policy broadly indemnified the Giants for employee injuries sustained "wherever such injuries may be sustained," without clear exclusionary language. This coverage extended despite NYSIF's arguments about its New York origin and lack of authorization to write insurance in California. The Board also deferred the jurisdictional question for individual claims to the Workers' Compensation Judge.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York Giantssovereign immunitycomitycoverageextraterritorial injuriesinsurance policy interpretationCoverage Bbusiness operations
References
2
Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND, et al.

The Workers' Compensation Appeals Board affirmed an Arbitrator's decision finding the New York State Insurance Fund (NYSIF) liable for workers' compensation claims against the New York Giants. Despite NYSIF's claims of sovereign immunity and limitations to New York coverage, the Board found that the policy's Coverage B provided indemnity for injuries sustained by employees "wherever such injuries may be sustained." The Board emphasized that insurance policy exclusions must be clear, and NYSIF failed to demonstrate any such limitations for injuries occurring outside New York, especially given the team's extensive operations outside the state. The Board also noted that NYSIF's contentions regarding California jurisdiction would be determined on a claim-by-claim basis.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York GiantsSovereign ImmunityComityCalifornia JurisdictionCoverage BOut-of-State InjuriesInsurance Policy LimitationsIndemnify
References
2
Case No. ANA 0398839, ANA 0398840, ANA 0399440, ANA 0399441
Regular
Jan 07, 2008

Catalina Castellon vs. Harte Hanks, Inc., Ace USA, Adjusted by ESIS

The Workers' Compensation Appeals Board granted reconsideration, reversing the finding that the applicant's October 6, 2004 injury claim was time-barred. The Board held that Labor Code section 5410 permits claims for new and further disability within five years of the injury, provided the employer voluntarily furnished medical treatment, which was established here. The case is remanded to the trial level to consider the applicant's claim for new and further disability related to the elbow injury.

WCABCatalina CastellonHarte HanksACE USAESISANA 0398839ANA 0398840Opinion and Orders Granting ReconsiderationDecision After ReconsiderationLabor Code Section 5405
References
2
Case No. ADJ1938415 (ANA 0320426) ADJ463183 (ANA 0320427) ADJ3293437 (ANA 0389203) ADJ2850300 (ANA 0389204) ADJ3164388 (ANA 0389205) ADJ3932115 (ANA 0389206) ADJ686732 (ANA 0389207) ADJ4516220 (ANA 0400646)
Regular
Apr 11, 2014

JOHN SMITH vs. CALIFORNIA STATE UNIVERSITY LONG BEACH, Permissibly Self-Insured, Adjusted by SEDGWICK CMS, BELLFLOWER UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted reconsideration to clarify the Arbitrator's award between two employers for a concurrent cumulative trauma injury. The Board affirmed the finding of a single injury and the apportionment of liability for orthopedic injuries at 50% and respiratory injuries at 63% to CSULB and 37% to Bellflower USD. However, the Board amended the award to explicitly grant Bellflower USD the right to contest the specific amounts paid by CSULB for benefits before the contribution payment is finalized. This amendment addresses Bellflower USD's due process concerns regarding the calculation of contribution.

Cumulative traumaContributionApportionmentPermissibly self-insuredVocational rehabilitationMedical treatment expensesPermanent disability indemnityRespiratory injuryOrthopedic injuryPetition for reconsideration
References
0
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