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Case No. ADJ3476510 (MON 0326382) ADJ2019518 (MON 0326383) ADJ4615746 (VNO 0495913)

Regular

Apr 29, 2009

GUADALUPE ENRIQUEZ vs. AMERICAN APPAREL, EVEREST NATIONAL

The Workers' Compensation Appeals Board granted a lien claimant's petition for reconsideration of an order dismissing their lien. The dismissal occurred after the claimant failed to appear for a lien trial, but the claimant later submitted a document appearing to be an objection to the dismissal. The Board found that due to administrative backlogs from the conversion to a new electronic system, this objection may not have been properly considered. Consequently, the Board rescinded the dismissal order and returned the matter for further proceedings to litigate the merits of the lien.

Lien claimantPetition for reconsiderationOrder dismissing lienNotice of intention to dismissTimely objectionGood causeLien trialElectronic Adjudication Management System (EAMS)Document backlogDue process

References

Case No. MISSING

Regular Panel Decision

Claim of Major v. New York State Court of Claims

Judge Charles T. Major, a New York Court of Claims Judge, experienced an unusual increase in his workload starting in January 1962, working extended hours and forgoing usual breaks to clear a significant backlog of cases. This intense period culminated in his hospitalization on June 30, 1962, due to pulmonary edema or congestive heart failure, leading to his death the following day. The Workmen’s Compensation Board affirmed an award of death benefits to his widow, concluding that his death resulted from an industrial accident due to the undue anxiety, strain, and mental stress from his work. Medical experts offered conflicting opinions on the causal relationship between his work and death, but the Board accepted the claimant's expert testimony. The appellate court affirmed the Board's decision, citing precedents that recognize mental stress as a compensable cause of injury.

Workers' CompensationDeath BenefitsIndustrial AccidentMental StressUndue AnxietyJudicial WorkloadCausally Related DeathMedical OpinionAppellate ReviewSubstantial Evidence

References

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GUADALUPE ENRIQUEZ vs. AMERICAN APPAREL, EVEREST NATIONAL

Claim of Major v. New York State Court of Claims

Workers' CompensationDeath BenefitsIndustrial AccidentMental StressUndue AnxietyJudicial WorkloadCausally Related DeathMedical OpinionAppellate ReviewSubstantial Evidence