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

Case No. ADJ630889 (MON 0279182)
Regular
Dec 28, 2012

BARBARA ANN SHANN vs. CEDARS SINAI, TRISTAR RISK MANAGEMENT

This case involves Barbara Ann Shann seeking workers' compensation benefits from Cedars Sinai and Tristar Risk Management. The Workers' Compensation Appeals Board denied Shann's request for reconsideration of a prior decision. The order indicates the Board found no grounds to overturn its initial ruling regarding her claim.

WORKERS' COMPENSATION APPEALS BOARDBARBARA ANN SHANNCEDARS SINAITRISTAR RISK MANAGEMENTADJ630889ADJ224692ADJ3805845ORDER DENYING RECONSIDERATIONMON District Office
References
1
Case No. 2019 NY Slip Op 08397 [177 AD3d 864]
Regular Panel Decision
Nov 20, 2019

Landaverde v. Lin-Ann Enters., Inc.

Plaintiff Olga D. Landaverde suffered injuries after slipping on ice on property owned by defendant Lin-Ann Enterprises, Inc. Having received Workers' Compensation benefits, she initiated a personal injury action against the defendant. Lin-Ann Enterprises, Inc. sought summary judgment, asserting it was an alter ego of Landaverde's employer, Logan Bus Co., Inc., and thus immune under Workers' Compensation Law. The Supreme Court denied this motion, a decision affirmed by the Appellate Division, Second Department. The appellate court found the defendant failed to demonstrate prima facie evidence of an alter ego relationship, specifically lacking proof that the entities operated as a single integrated unit or that one controlled the other's daily operations.

Slip and FallPremises LiabilityWorkers' Compensation ExclusivityAlter Ego DoctrineSummary JudgmentAppellate DivisionPersonal Injury DamagesCorporate VeilIntegrated EntityDay-to-day Operations Control
References
6
Case No. ADJ7948651
Regular
May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference
References
2
Case No. 534851
Regular Panel Decision
Jun 01, 2023

In the Matter of the Claim of Barbara Saporito

Claimant Barbara Saporito appealed a Workers' Compensation Board decision that she voluntarily withdrew from the labor market. Saporito, a court reporter, sustained a work-related back injury in 2004 but was terminated from her job in 2006. She subsequently worked sporadically as a freelance reporter before ceasing employment, seeking additional disability awards for lost time. Although a WCLJ initially awarded benefits, the Board reversed, finding her separation and continued unemployment were not causally related to her disability. The Appellate Division affirmed the Board's decision, citing inconsistencies in Saporito's testimony, her acknowledged lack of medical evidence for significant periods, and the absence of documentary support for her termination as reasons for upholding the Board's finding of voluntary withdrawal.

Voluntary WithdrawalLabor MarketDisability BenefitsCausationSubstantial EvidenceCredibility DeterminationMedical Evidence GapsEmployment TerminationAppellate ReviewCourt Reporter
References
12
Case No. 532612
Regular Panel Decision
Jun 23, 2022

In the Matter of the Claim of Anne O'Donnell

In this Workers' Compensation case, claimant Anne O'Donnell, a nurse, sustained work-related injuries. The employer, University of Rochester, sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d) due to preexisting conditions. A Workers' Compensation Law Judge initially found the employer entitled to reimbursement based on a pretrial conference statement. However, the Workers' Compensation Board reversed this, ruling the statement was not legally binding without Board approval, and discharged the Special Disability Fund from liability. The employer's subsequent application for reconsideration was denied. The Appellate Division affirmed both decisions, rejecting the employer's arguments that the pretrial conference statement was preclusive or that estoppel/laches applied, citing lack of proper Board approval for the statement.

Permanent Partial DisabilitySpecial Disability FundReimbursementPretrial Conference StatementBoard ApprovalEstoppelLachesReconsiderationAppellate ReviewSlip and Fall
References
8
Case No. ADJ10103499
Regular
May 02, 2017

Barbara Ann Nelson vs. NORTH SONOMA COUNTY HOSPITAL DISTRICT dba HEALDSBURG DISTRICT HOSPITAL

The Workers' Compensation Appeals Board (WCAB) denied applicant Barbara Nelson's petition for reconsideration, finding she had sufficient opportunity to develop the record regarding permanent disability ratings. The WCAB also dismissed the defendant hospital district's petition for reconsideration as untimely. The applicant's delay in deposing a medical evaluator and the defendant's late filing of their petition were the primary reasons for the decisions. Therefore, the original Findings and Award remain in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLumbar SpineAMA RatingAlmaraz/Guzman RatingQualified Medical EvaluatorDepositionTemporary Disability Overpayment
References
1
Case No. MISSING
Regular Panel Decision

In Re Bonner

Richard and Ann Bonner filed for Chapter 7 bankruptcy. The trustee moved to dismiss their case because Richard failed to timely file all payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). Ann Bonner was found not to be in violation as her income was from workers’ compensation and governmental assistance, not an employer, making the filing requirement inapplicable to her. The court denied dismissal for Ann Bonner but granted the trustee's motion to dismiss Richard Bonner's case, emphasizing that automatic dismissal under § 521(i) is compulsory and does not allow for reinstatement or waiver without extraordinary justification.

Chapter 7 BankruptcyAutomatic DismissalSection 521(i) Bankruptcy CodePayment AdvicesDebtor ObligationsCase ReinstatementStatutory InterpretationWestern District of New YorkBankruptcy TrusteeGood Cause
References
6
Case No. ADJ4295446 (GOL 0087464)
Regular
Mar 20, 2014

Virginia Landaw vs. Toyota of Santa Barbara, Public Service Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to have hearings held at the Santa Barbara district office rather than Oxnard. The WCAB found that the relocation was necessary due to insufficient space at the Santa Barbara facility, impacting lobby, hearing room, and parking availability. The Board reaffirmed its authority to calendar hearings at different offices based on available resources and cited the applicant's minimal increased travel as insufficient grounds for removal. The WCAB also highlighted the availability of CourtCall and the ongoing efforts to secure a more suitable Santa Barbara location.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingJudicial NoticeAdministrative Law Judge
References
12
Case No. ADJ1674856
Regular
Dec 29, 2010

BARBARA SOREM-HUGHLETT, BARBARA HUGHLETT vs. VENTURA COUNTY, CHARTIS COSTA MESA

This case involves multiple workers' compensation claims filed by Barbara Sorem-Hughlett against Ventura County and Chartis Costa Mesa. The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order Granting Petition for Reconsideration in these consolidated cases. Therefore, all future communications, objections, and motions related to these claims must be directed to the WCAB's San Francisco office, not any local office, pending a Decision After Reconsideration. The order was filed on December 29, 2010.

Sorem-HughlettVentura CountyChartis Costa MesaPetition for ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneJames C. CuneoAlfonso J. Moresi
References
0
Case No. ADJ1153404
Regular
Jan 03, 2014

BARBARA DIEFENBACH, (BARBARA CLARK) vs. SAN JOAQUIN COMMUNITY HOSPITAL, Permissibly Self-Insured, Administered By ADVENTIST HEALTH SYSTEM

This case involves a petition for reconsideration filed by Barbara Diefenbach (Applicant) against San Joaquin Community Hospital. The Workers' Compensation Appeals Board (WCAB) denied the petition on its merits, adopting the reasoning of the administrative law judge. Furthermore, the petition was subject to dismissal for failure to serve all adverse parties. The Board also admonished the petitioner for procedural violations, including attaching an unauthorized medical report and filing a supplemental petition improperly.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDLabor Code section 5905WCAB Rule 10842WCAB Rule 10848sanctionsLab. Code§ 5813administrative law judge
References
3
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