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

Case No. ADJ10588461
Regular
Dec 21, 2018

MICHAEL BAISCH vs. BALFOUR BEATTY; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAppeals Board Rule 10848supplemental pleadingProof of ServiceAppeals Board Rule 10778attorney's feeadverse interestindependent counsel
References
2
Case No. MISSING
Regular Panel Decision

Beattie v. Farnsworth Middle School

Plaintiff Patricia Beattie, a part-time paraprofessional, filed a sex discrimination action against the Guilderland Central School District and several individual defendants, alleging sexual harassment by Roger Levinthal and retaliation after she reported the harassment. The court addressed motions to dismiss, finding that the sexual harassment claims were largely time-barred under Title VII due to the continuing violation exception not applying, and employer liability for co-worker harassment was not established for the physical acts. However, the court denied the motion to dismiss Plaintiff's Title VII retaliation claim, finding sufficient facts to support a prima facie case. Individual defendants' motions to dismiss for individual liability under HRL and Section 1983 were granted, except for Roger Levinthal. The Section 1985 conspiracy claim was also dismissed for lack of specific discriminatory animus.

Sexual harassmentRetaliationTitle VIINew York Human Rights LawSection 1983Continuing violation doctrineHostile work environmentEmployer liabilityIndividual liabilityPrima facie case
References
44
Case No. ADJ8651386
Regular
Jul 06, 2015

IRENE ALVAREZ vs. BALFOUR BEATTY CONSTRUCTION, INC., ACE AMERICAN, Administered by ESIS

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This action was taken to allow the Board sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB requires all future correspondence regarding the petition to be filed directly with its San Francisco office, not district offices or via e-filing. Further proceedings will be determined by the WCAB after their review.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationBalfour Beatty ConstructionAce AmericanEAMSDistrict OfficeCommissionersDecision After ReconsiderationCal. Code Regs.
References
0
Case No. MISSING
Regular Panel Decision

Beattie v. Ebbels

The claimant, an office manager employed since 1965, suffered a compensable injury on February 25, 1981, leading to an award for a permanent partial disability. The employer was aware of the claimant's preexisting herniated disc from 1965, but the claimant performed duties without issues. The primary legal question addressed whether the employer's knowledge of this preexisting condition at the time of hire established liability for the Special Fund under Workers’ Compensation Law § 15 (8). The Worker’s Compensation Board determined there was insufficient knowledge, a decision which the court affirmed. Additionally, a jurisdictional issue raised by the carrier was found to be without merit, leading to an affirmation of the decision with costs awarded to the Special Disability Fund.

Workers' CompensationPermanent Partial DisabilitySpecial Disability FundPreexisting ConditionEmployer KnowledgeAppellate ReviewAffirmed DecisionJurisdictional IssueDecision Affirmed
References
3
Case No. MISSING
Regular Panel Decision
Jul 20, 2015

Matter of Beatty v. City of New York

This case concerns a special education home instruction teacher (petitioner) whose employment was terminated due to submitting false time sheets following Hurricane Sandy. The initial Supreme Court decision granted the respondents' motion to deny the petitioner's request to vacate this penalty. However, the appellate court reversed this judgment, granting the petition and remanding the matter to the New York City Department of Education for the imposition of a lesser penalty. The court determined that the termination penalty was disproportionate, especially considering the extraordinary mitigating circumstances of Hurricane Sandy, which severely impacted both the teacher and the student. Additionally, the teacher had an unblemished 17-year record, and her misconduct was viewed more as lax bookkeeping than a venal scheme, with no direct financial benefit derived.

Employment TerminationTeacher MisconductDisproportionate PenaltyJudicial ReviewArbitration AwardCPLR Article 75Mitigating CircumstancesHurricane Sandy ImpactSpecial Education TeacherFalse Time Sheets
References
6
Case No. ADJ4201900 (OAK 0256105) ADJ1515754 (OAK 0212526) ADJ868359 (OAK 0282983)
Regular
Feb 27, 2017

GRACE BEATTY vs. KAISER FOUNDATION HEALTH PLAN HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration. The petitions sought to revisit a Minute Order that placed the case off calendar, which is not a final order. A petition for reconsideration can only be taken from a final order that determines substantive rights or liabilities. Therefore, the WCAB found the petitions procedurally improper and dismissed them.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff Calendar OrderCompromise and ReleaseSubsequent Injury Benefits Trust FundNon-Final OrderLabor CodeFinal OrderSubstantive RightLiability
References
3
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