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Case Law Database

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

Case No. SJO 0251644
En Banc
Jan 24, 2007

Joseph Baglione vs. Hertz Car Sales, AIG

The Board holds that for a pre-2005 injury, the former Permanent Disability Rating Schedule (PDRS) applies if a comprehensive medical-legal report was issued before January 1, 2005, regardless of whether the report itself indicated the existence of permanent disability.

SB 899PDRSLabor Code section 4660(d)en banccomprehensive medical-legal reporttreating physician reportformer PDRSnew PDRSlast antecedent rulestatutory construction
References
19
Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
27
Case No. SJO 0251644
En Banc
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Appeals Board holds that for the 1997 Schedule for Rating Permanent Disabilities to apply to a pre-2005 injury, a comprehensive medical-legal report or treating physician's report issued before 2005 must explicitly indicate the existence of permanent disability.

Workers' Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesOpinion and Order Granting ReconsiderationDecision After ReconsiderationEn Banc1997 Schedule2005 Schedule
References
27
Case No. SJO 0251644
Significant
Jan 24, 2007

Joseph Baglione vs. Hertz Car Sales, and AIG, Adjusted by Cambridge Integrated Services

The Appeals Board held that for pre-2005 injuries, the former permanent disability rating schedule applies if a comprehensive medical-legal report was issued before January 1, 2005, irrespective of whether the report indicated the existence of permanent disability.

Labor Code section 4660(d)SB 899permanent disability rating scheduleen banc decisioncomprehensive medical-legal reporttreating physician reportlast antecedent ruleprospective applicationstatutory constructionworkers' compensation crisis
References
22
Case No. MISSING
Regular Panel Decision

Okeke v. New York & Presbyterian Hospital

Plaintiffs Ifeanyichukwu E. Okeke, Jerry Baglione, Iqbal Bajwa, Adel Mahmoud, Naeem U. Qureshi, and Abel De La Trinidad sued The New York and Presbyterian Hospital for age discrimination and hostile work environment under federal, state, and city laws. A jury found the Hospital liable on NYCHRL claims for age-related termination, denial of training, and hostile work environment, but not under federal and state law. The Hospital moved for judgment as a matter of law, a new trial, or remittitur. The Court denied the motion for judgment as a matter of law, granted in part and denied in part the motion for a new trial (specifically granting a new trial on the NYCHRL termination claims), and denied the motion for remittitur as moot. The hostile work environment claim under NYCHRL was sustained.

Age DiscriminationHostile Work EnvironmentNYCHRLADEAMixed-Motive DiscriminationJury VerdictRule 50 MotionRule 59 MotionRemittiturDenial of Training
References
32
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