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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Smith v. Comm'r of Soc. Sec.

The case concerns Plaintiff Barbara Jean Smith's challenge to the Commissioner of Social Security's denial of her disability benefits (DIB) and supplemental security income (SSI) applications. Presided over by Judge Elizabeth A. Wolford, the District Court reviewed the administrative decision. Plaintiff alleged errors by the Administrative Law Judge (ALJ) at various stages of the disability analysis, including an incomplete consideration of her impairments and improper assessment of medical opinions. She also contended that the Appeals Council failed to consider new evidence. The Court found substantial evidence supporting the Commissioner's decision, concluding that the ALJ adequately considered all relevant impairments and appropriately weighed the medical evidence. Additionally, the Court determined that the newly submitted evidence would not have altered the outcome. Consequently, the Court granted the Commissioner's motion for judgment on the pleadings and denied Plaintiff's motion.

Social Security ActDisability BenefitsSupplemental Security IncomeALJ DecisionMedical Opinion EvidenceAppeals Council ReviewMental ImpairmentsPhysical ImpairmentsResidual Functional CapacityAdministrative Law Judge
References
59
Case No. MISSING
Regular Panel Decision

In re Jean

This case involves an appeal from a Family Court order adjudicating Billy Jean II. a neglected child. The respondents, Ray II. and Colleen II., are the child's parents. The neglect finding was based on multiple reports of inadequate guardianship, domestic violence, poor hygiene, and unsanitary living conditions, including an incident where Ray II. allegedly assaulted Colleen II. while intoxicated in the child's presence. The Family Court found the testimonies of the respondents and a witness to be incredible, and concluded that the child was neglected due to the parents' failure to provide proper care and supervision, compounded by alcoholism and domestic violence. The appellate court affirmed the Family Court's finding, stating there was sufficient proof to sustain the neglect determination.

Child Neglect AdjudicationDomestic Violence ImpactAlcoholism in Parental HomeUnsanitary Living ConditionsInadequate Parental SupervisionFamily Court JurisdictionAppellate ReviewCredibility of WitnessesSufficiency of EvidenceChild Protective Proceedings
References
2
Case No. ADJ8804514 ADJ8804516
Regular
Jul 05, 2017

Barbara Jean Oaxaca vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board upheld the administrative law judge's finding that the applicant sustained a single period of cumulative trauma injury to her shoulders, hips, and back between 2004 and 2011. This ruling was based on the Agreed Medical Examiner's opinion that prior injuries and conditions did not warrant apportionment and were subsumed into the cumulative trauma. The Board affirmed the $37\%$ permanent disability award and the need for further medical treatment.

Workers' Compensation Appeals BoardFresno Unified School DistrictBarbara Jean Oaxacaindustrial injurycumulative traumabilateral shouldersbilateral hipsbackpermanent disabilityAgreed Medical Examiner
References
3
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. 2021 NY Slip Op 00065
Regular Panel Decision
Jan 07, 2021

Matter of Jean-Pierre v. Brookdale Hosp. Med. Ctr.

Marie Anite Jean-Pierre, an employee of Brookdale Hospital Medical Center, was assaulted and injured while leaving the hospital complex after her shift. Her claim for workers' compensation benefits was initially controverted by the employer, arguing the injuries did not arise out of employment. However, a Workers' Compensation Law Judge found the claim compensable, a decision affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, further affirmed the Board's decision, finding substantial evidence that the assault occurred within the precincts of her employment, as she was still within the employer's multi-building complex when attacked. The court found the Board's determination supported by substantial evidence.

AssaultPremises LiabilityWorkers' Compensation BenefitsArising Out of EmploymentCourse of EmploymentSubstantial EvidenceMedical Office Complex InjuryEmployer's PremisesAppellate ReviewOff-Duty Injury
References
9
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. MISSING
Regular Panel Decision
Sep 21, 1979

State v. Wingate

The case involves an appeal by a mother from a Family Court order declaring her child, Norma Jean K., permanently neglected and awarding custody to the Commissioner of the Department of Social Services with adoption power. The child had been under the care of the Orange County Department of Social Services since 1972. While the Family Court found the mother failed to maintain contact and plan for the child for over a year, the appellate court noted the mother's recent efforts to stabilize her life and reunite with Norma Jean. The court emphasized the need to consider parental development and the child's best interests through professional testimony. Consequently, the order was modified to remove the adoption empowerment and the matter was remitted for a new dispositional hearing, with custody temporarily remaining with the Commissioner.

Child NeglectPermanent NeglectParental Rights TerminationHabeas CorpusFoster Care PlacementDispositional HearingParental ContactDiligent Agency EffortsChild WelfareFamily Law
References
3
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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