Updated Daily

Case Law Database

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

Case No. ADJ4387448 (SJO 0267422)

Regular

Aug 03, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP., MATRIX SAN JOSE

This case concerns applicant Balgovind Sharma's claim for workers' compensation penalties against Lam Research Corp. and Matrix San Jose for alleged unreasonable delay in authorizing medical treatment. Following a stipulation on August 4, 2009, which agreed to authorize specific treatments, applicant sought penalties for sixteen prior, unaddressed treatment requests. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that applicant did not "expressly exclude" penalty claims from the stipulation as required by Labor Code section 5814(c). Consequently, all accrued penalty claims, including those not specifically mentioned in the stipulation, were conclusively presumed resolved by the stipulation.

ADJ4387448Lam Research Corp.Matrix San JoseBalgovind SharmaReconsiderationStipulationMedical treatment authorizationPetition for PenaltyUnreasonable DelaySection 5814(c)

References

Case No. MISSING

Regular Panel Decision

Sharma v. Burberry Ltd.

Plaintiffs Poonam Sharma, Brian Roach, Ronnel Jarin, and Nikita Simon brought an action against Burberry Limited for unpaid overtime under the FLSA and New York Labor Law, seeking conditional certification as a collective action. Magistrate Judge A. Kathleen Tomlinson ruled on several motions, including Plaintiffs' motion for conditional certification, Defendant's motion to strike, and various motions to supplement the record and compel discovery. The court partially granted Plaintiffs' motion for conditional certification, limiting the class to Sales Associates and Sales Leads in specific New York and New Jersey Burberry stores for defined periods. Defendant's motion to strike was denied, and other motions were granted in part and denied in part, setting parameters for notice dissemination and discovery while denying nationwide certification and certain dissemination methods.

Overtime CompensationFLSANew York Labor LawCollective ActionConditional CertificationSales AssociatesRetail EmploymentWage and Hour DisputeEmployment LitigationClass Action Notice

References

Case No. ADJ4387448 (SJO 0267422)

Regular

Mar 11, 2014

BALGOVIND SHARMA vs. LAM RESEARCH CORPORATION, MATRIX ABSENCE MANAGEMENT

The Court of Appeal ordered a supplemental attorney's fee award for applicant's counsel for successfully defending against the defendant's petition for writ of review. The Board reviewed the attorney's claimed hours and rate, deeming some time entries excessive and clerical tasks non-compensable. Ultimately, the Board awarded $5,480.00 in attorney's fees plus $47.74 in costs, totaling $5,527.74, and clarified this award is in addition to any compensation owed. The Board also rejected the defendant's argument that the third-party credit applied to this supplemental fee award.

Labor Code § 5801Supplemental Attorney's FeePetition for Writ of ReviewCourt of Appeal RemandApplicant's AttorneyReasonable Attorney FeesHourly RateTime and EffortCase ComplexityClerical Tasks

References

Case No. ADJ4387448

Regular

Apr 14, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP.; MATRIX SAN JOSE

In this workers' compensation case, the Applicant sought reconsideration of an Administrative Law Judge's order denying a penalty claim. The Applicant argued that a prior stipulation implicitly reserved the issue of penalties. The Appeals Board, construing the Applicant's petition as one for reconsideration despite its initial denomination as "removal," granted the petition. This allows for further review of the factual and legal issues to ensure a just decision.

Petition for RemovalStipulationLabor Code section 5814(c)penalty petitionWorkers' Compensation Appeals BoardFindings and Orderreconsiderationsection 5900(a)section 5903section 5902

References

Case No. ADJ9539091

Regular

Sep 23, 2016

MARY RAMSGARD vs. PACIFIC VINEYARD COMPANY, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's finding that applicant's L3-4 back injury was not industrially caused, based on Dr. Sharma's opinion. Dr. Sharma's opinion was found to be substantial evidence, utilizing the correct legal standard of reasonable medical probability and supported by the applicant's pre-existing back issues. The Board also upheld the 20% apportionment of permanent disability to non-industrial causes, finding it supported by credible evidence, including prior medical reports and applicant's inconsistent testimony. Applicant's petition failed as her contentions regarding the medical opinion's legal theory and factual basis were not substantiated.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeApplicantDefendantPacific Vineyard CompanyInsurance Company of the WestPermanent DisabilityApportionment

References

Case No. MISSING

Regular Panel Decision

Sharma v. New

The mother filed a petition seeking to modify overnight visitation provisions, alleging the father violated a previous order by taking their child to a different hotel than specified. The Family Court granted the mother's petition, suspending the father's overnight visitation rights. However, the appellate court reversed the Family Court's order. The reversal was based on the lack of proper and timely service of process on the father, which meant personal jurisdiction was not obtained. Consequently, the Family Court should have dismissed the proceeding.

Visitation RightsChild CustodyFamily LawPersonal JurisdictionService of ProcessOrder to Show CauseAppellate ReviewProcedural Due ProcessParental RightsModification of Order

References

Case No. MISSING

Regular Panel Decision

New v. Sharma

The father appealed an order that granted him supervised daytime visitation. This appellate court reversed the Family Court's order dated November 30, 2012, stating that the Family Court erred by limiting the scope of the hearing. The father was not given an opportunity to present evidence regarding his petition to modify a previous visitation order. The matter is remitted to the Family Court, Nassau County, for a new hearing. Supervised visitation is to continue pending the new hearing and determination.

Visitation rightsChild custodyFamily Court ActAppellate reviewSupervised visitationModification of orderDue processHearing proceduresRemandParental rights

References

Case No. 530186

Regular Panel Decision

Oct 08, 2020

Matter of Turner v. New York State Dept. of Corr. & Community Supervision

Claimant Holly Turner sought workers' compensation death benefits following the passing of her husband, a former correction officer with a permanent partial disability. The Workers' Compensation Board denied the claim, finding no causal relationship between his employment and death. On appeal, the Appellate Division affirmed this decision, rejecting the application of the Workers' Compensation Law § 21 (1) presumption because the death occurred years after employment ceased and was not unwitnessed. The court further concluded that the medical opinion provided by the decedent's pain management specialist, Anuj Sharma, lacked sufficient evidentiary basis as he admitted to not reviewing crucial medical records, including those detailing chronic hypertension and noncompliance with treatment.

Death BenefitsCausal RelationPermanent Partial DisabilityHypertensive Heart DiseaseSedentary LifestyleWeight GainSmokingChronic HypertensionPresumption of CompensabilityMedical Evidence Sufficiency

References

Showing 1-8 of 8 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. ADJ4387448 (SJO 0267422)

Regular

Aug 03, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP., MATRIX SAN JOSE

ADJ4387448Lam Research Corp.Matrix San JoseBalgovind SharmaReconsiderationStipulationMedical treatment authorizationPetition for PenaltyUnreasonable DelaySection 5814(c)

References

Case No. MISSING

Regular Panel Decision

Sharma v. Burberry Ltd.

Overtime CompensationFLSANew York Labor LawCollective ActionConditional CertificationSales AssociatesRetail EmploymentWage and Hour DisputeEmployment LitigationClass Action Notice

References

Case No. ADJ4387448 (SJO 0267422)

Regular

Mar 11, 2014

BALGOVIND SHARMA vs. LAM RESEARCH CORPORATION, MATRIX ABSENCE MANAGEMENT

Labor Code § 5801Supplemental Attorney's FeePetition for Writ of ReviewCourt of Appeal RemandApplicant's AttorneyReasonable Attorney FeesHourly RateTime and EffortCase ComplexityClerical Tasks

References

Case No. ADJ4387448

Regular

Apr 14, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP.; MATRIX SAN JOSE

Petition for RemovalStipulationLabor Code section 5814(c)penalty petitionWorkers' Compensation Appeals BoardFindings and Orderreconsiderationsection 5900(a)section 5903section 5902

References

Case No. ADJ9539091

Regular

Sep 23, 2016

MARY RAMSGARD vs. PACIFIC VINEYARD COMPANY, INSURANCE COMPANY OF THE WEST

References

Case No. MISSING

Regular Panel Decision

Sharma v. New

Visitation RightsChild CustodyFamily LawPersonal JurisdictionService of ProcessOrder to Show CauseAppellate ReviewProcedural Due ProcessParental RightsModification of Order

References

Case No. MISSING

Regular Panel Decision

New v. Sharma

Visitation rightsChild custodyFamily Court ActAppellate reviewSupervised visitationModification of orderDue processHearing proceduresRemandParental rights

References

Case No. 530186

Regular Panel Decision

Oct 08, 2020

Matter of Turner v. New York State Dept. of Corr. & Community Supervision

Death BenefitsCausal RelationPermanent Partial DisabilityHypertensive Heart DiseaseSedentary LifestyleWeight GainSmokingChronic HypertensionPresumption of CompensabilityMedical Evidence Sufficiency

References

Showing 1-8 of 8 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.