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Case Law Database

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

Case No. No. 36

Regular Panel Decision

May 09, 2017

Betty L. Kimmel v. State of New York

This case addresses whether the Equal Access to Justice Act (EAJA) allows attorneys' fees and costs for a prevailing plaintiff in a Human Rights Law action alleging sex discrimination against a state agency. The plaintiff, Betty L. Kimmel, a former New York State Trooper, sued the State of New York and the New York State Division of State Police for discrimination, sexual harassment, and retaliation she experienced during her employment. After enduring years of litigation, including

Equal Access to Justice ActAttorneys' FeesSex DiscriminationEmployment DiscriminationHuman Rights LawState AgencyJudicial ReviewRemedial StatuteStatutory InterpretationCivil Litigation

References

Case No. ADJ1355980 (SAC 0285830) ADJ760169 (SAC 0285829)

Regular

May 28, 2013

BETTY FRISBY (Deceased), GEORGE FRISBY (Spouse) vs. THE PRESS TRIBUNE, INC.; TIG INSURANCE CO., TRISTAR RISK MANAGEMENT; RELIANCE INSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by TPA SEDGWICK CMS

This case concerns a deceased worker's cumulative injury claims against multiple insurers. The Appeals Board rescinded the arbitrator's decision, finding that crucial findings regarding the period of cumulative injury and whether the worker was an employee were missing. The Board remanded the case for the arbitrator to determine the precise injury dates, body parts affected, and the insurer(s) liable during the statutory period. This is necessary to ascertain if TIG Insurance provided coverage and thus constitutes "other insurance" before determining CIGA's liability.

Workers' Compensation Appeals BoardBetty FrisbyGeorge FrisbyThe Press TribuneTIG Insurance Co.Tristar Risk ManagementReliance Insurance Co.California Insurance Guarantee Association (CIGA)Sedgwick CMScumulative injury

References

Case No. ADJ9305394

Regular

Jul 01, 2016

BETTY DOVE vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

In Betty Dove v. City of Los Angeles, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), who determined that the applicant's employment was not the predominant cause of her alleged psychiatric injury. The WCJ's credibility determination, based on observing witness demeanor, was given great weight and was not overcome by substantial contrary evidence. Therefore, the Board found no "actual event of employment" to support the claim, as required by Labor Code §3208.3.

Psychiatric injuryPredominant causeActual events of employmentObjective evidence of harassmentCredibility determinationAgreed Medical EvaluatorPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code §3208.3

References

Case No. MISSING

Regular Panel Decision

In re T. Children

The Family Court of Bronx County dismissed neglect petitions brought by the Commissioner of Social Services against the respondent mother, Betty T. The appellate court unanimously reversed this decision, finding that the Family Court erred in its assessment of witness credibility, specifically discrediting the petitioner's expert witnesses and homemakers while fully crediting the respondent's testimony. Evidence presented included the mother's pattern of placing and reclaiming children from foster care, causing instability, and instances of physical abuse, such as stuffing a T-shirt into a child's mouth and handling another roughly. The case has been remanded for a new fact-finding hearing before a different Family Court Judge to better determine the children's best interests.

Child NeglectFamily LawAppellate ReviewFact-Finding HearingReversalRemandEvidentiary ErrorWitness CredibilityCorporal PunishmentFoster Care

References

Case No. ADJ3262016

Regular

Sep 18, 2015

BETTY DYKEMAN vs. WALNUT VALLEY UNIFIED SCHOOL DISTRICT, VALLEY INSURANCE PROGRAM

This case involves Betty Dykeman's workers' compensation claim against Walnut Valley Unified School District for a 1992 back injury. The School District sought reimbursement from a lien claimant, Monrovia Memorial Hospital, for an alleged overpayment of medical services provided in 2009. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ denied the reimbursement claim due to insufficient and conflicting evidence regarding the value of the medical services and the amount of the alleged overpayment.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWalnut Valley Unified School DistrictYork Risk Services GroupLien ClaimantMonrovia Memorial HospitalPetition for ReimbursementStipulated AwardMedical TreatmentSurgery

References

Case No. ADJ2792613 (LBO 0348698)

Regular

Dec 27, 2017

BETTY GREEN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Betty Green's petition for reconsideration of a workers' compensation award for psyche, back, and elbow injuries. The applicant seeks $100\%$ permanent disability, while the defendant argues for apportionment due to prior injuries. The Appeals Board granted reconsideration to address discrepancies in the medical evaluator's assessment of work function impairments, specifically regarding stress tolerance and supervisory responsibilities. Consequently, the Board deferred the issue of permanent disability and attorney's fees for further proceedings at the trial level, while affirming other aspects of the initial award.

ReconsiderationPetition for ReconsiderationAgreed Medical EvaluatorPermanent DisabilityPsycheOrthopedic InjuriesWork Function ImpairmentsStressVocational ReportApportionment

References

Case No. SJO 0208171, SJO 0208172

Regular

Feb 06, 2008

BETTY JO SMITH vs. SANTA CLARA COUNTY OFFICE OF EDUCATION, CAMBRIDGE INTEGRATED SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied Betty Smith's petition for reconsideration, upholding the WCJ's decision that she was not entitled to temporary disability benefits. The WCJ found Smith's testimony regarding her retirement and intent to remain in the labor market not credible, citing her early retirement decision, subsequent relocation, and lack of job search efforts. The Board adopted the WCJ's report and reasoning, including its credibility determination, and clarified that the "Division of Workers' Compensation" heading should be corrected to "Workers' Compensation Appeals Board" on the WCJ's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of ReconsiderationWorkers' Compensation Administrative Law Judge (WCJ)Credibility DeterminationDivision of Workers' CompensationJudicial AuthorityOriginal JurisdictionStatutory AuthorityDelegation of Powers

References

Case No. ADJ1992708 (SBR 0111164)

Regular

Apr 15, 2009

BETTY MILLER vs. SOUTHERN CALIFORNIA EDISON COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied her petition for removal. The applicant sought to overturn an order compelling her attendance at a deposition, arguing no good cause was shown and that the defendant had sufficient medical information. The WCAB ruled that the order compelling attendance was not a final order and therefore not subject to reconsideration. Furthermore, the Board found no substantial prejudice or irreparable harm to justify removal, upholding the original order.

WCABReconsiderationRemovalDepositionInterlocutory OrderFinal OrderSubstantive RightLiabilityGood CauseContribution Rights

References

Case No. PAS 37026, LAO 771108

Regular

Aug 04, 2008

Betty Noujaim vs. TRANSAMERICA FINANCIAL, CRAWFORD AND COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claimant's claim. The claimant had failed to appear at a lien trial, leading to a notice of intention to dismiss the lien. Although the administrative law judge believed the claimant's subsequent objection lacked good cause, the Board found that due process required consideration of the objection's merits. The case is returned to the trial level for further proceedings on the lien claimant's entitlement to payment.

Wilshire SurgicenterNotice of Intention to DismissLien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimsWCJGood causeDue processJoint Compromise and Release AgreementCumulative trauma injuries

References

Case No. ADJ2328508 (FRE 0173522)

Regular

Mar 09, 2009

BETTY DORN vs. HEILIG MANUFACTURING, LUMBERMENS MUTUAL CASUALTY COMPANY

This case involves a lien claimant seeking reconsideration of a WCJ's decision to deny most of its claim for chiropractic services. The WCJ limited the award to treatment rendered before the applicant was notified to seek care within the employer's Medical Provider Network (MPN). The lien claimant argued the WCJ improperly relied on a QME's report and should have considered a second QME's report finding a "serious chronic condition" justifying out-of-MPN treatment. The Appeals Board affirmed the WCJ's decision, finding the first QME's report constituted substantial evidence, the request for a second QME was improperly made by the lien claimant after objections to the first report's timeliness were waived, and the lien claimant failed to prove its MPN membership.

Medical Provider Network (MPN)Qualified Medical Evaluator (QME)Serious Chronic ConditionLien ClaimantPetition for ReconsiderationFindings of Fact and AwardLabor Code Section 4616.2Substantial Medical EvidencePanel QMETimeliness of Report

References

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Updated Daily

Case Law Database

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

Case No. No. 36

Regular Panel Decision

May 09, 2017

Betty L. Kimmel v. State of New York

Equal Access to Justice ActAttorneys' FeesSex DiscriminationEmployment DiscriminationHuman Rights LawState AgencyJudicial ReviewRemedial StatuteStatutory InterpretationCivil Litigation

References

Case No. ADJ1355980 (SAC 0285830) ADJ760169 (SAC 0285829)

Regular

May 28, 2013

BETTY FRISBY (Deceased), GEORGE FRISBY (Spouse) vs. THE PRESS TRIBUNE, INC.; TIG INSURANCE CO., TRISTAR RISK MANAGEMENT; RELIANCE INSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by TPA SEDGWICK CMS

References

Case No. ADJ9305394

Regular

Jul 01, 2016

BETTY DOVE vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

References

Case No. MISSING

Regular Panel Decision

In re T. Children

Child NeglectFamily LawAppellate ReviewFact-Finding HearingReversalRemandEvidentiary ErrorWitness CredibilityCorporal PunishmentFoster Care

References

Case No. ADJ3262016

Regular

Sep 18, 2015

BETTY DYKEMAN vs. WALNUT VALLEY UNIFIED SCHOOL DISTRICT, VALLEY INSURANCE PROGRAM

References

Case No. ADJ2792613 (LBO 0348698)

Regular

Dec 27, 2017

BETTY GREEN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

ReconsiderationPetition for ReconsiderationAgreed Medical EvaluatorPermanent DisabilityPsycheOrthopedic InjuriesWork Function ImpairmentsStressVocational ReportApportionment

References

Case No. SJO 0208171, SJO 0208172

Regular

Feb 06, 2008

BETTY JO SMITH vs. SANTA CLARA COUNTY OFFICE OF EDUCATION, CAMBRIDGE INTEGRATED SERVICES GROUP, INC.

References

Case No. ADJ1992708 (SBR 0111164)

Regular

Apr 15, 2009

BETTY MILLER vs. SOUTHERN CALIFORNIA EDISON COMPANY

WCABReconsiderationRemovalDepositionInterlocutory OrderFinal OrderSubstantive RightLiabilityGood CauseContribution Rights

References

Case No. PAS 37026, LAO 771108

Regular

Aug 04, 2008

Betty Noujaim vs. TRANSAMERICA FINANCIAL, CRAWFORD AND COMPANY

References

Case No. ADJ2328508 (FRE 0173522)

Regular

Mar 09, 2009

BETTY DORN vs. HEILIG MANUFACTURING, LUMBERMENS MUTUAL CASUALTY COMPANY

References

Showing 1-10 of 28 results

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