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

Case No. ADJ9099771
Regular
Apr 18, 2014

Gary Reynolds vs. Michael Thomas Connolly, Beverly Connolly

This Workers' Compensation Appeals Board decision grants reconsideration to remove Beverly Connolly as a named employer, as she was never properly joined in the proceedings. The Board affirms the original finding that Gary Reynolds was an employee of Michael Thomas Connolly, based on Labor Code § 2750.5's conclusive presumption for work exceeding $500 when the worker lacks a valid contractor's license. The employer's arguments regarding estoppel, due process, and the UEBTF's joinder were rejected. The Board found that Reynolds was not an excluded employee under Labor Code § 3352(h) as the work was for Connolly's rental business, not his personal residence.

WCABPetition for ReconsiderationFindings and AwardEmployee StatusBeverly ConnollyUninsured Employers Benefits Trust FundUEBTFContractor's LicenseEstoppelLabor Code Section 2750.5
References
5
Case No. MISSING
Regular Panel Decision

Connolly v. Board of Education

Maryann Connolly, a probationary elementary school teacher, challenged her non-recommendation for tenure by the Waterloo Central School District through a grievance process. An arbitrator found the district failed to adhere to contractual evaluation procedures and ordered Connolly's reinstatement for an additional probationary year. The Supreme Court confirmed the arbitration award. This appellate decision affirmed the Supreme Court's order, emphasizing the limited scope of judicial review for arbitration awards. The court noted that errors of law or fact do not warrant vacating an arbitrator's decision, particularly when the award is rational and within the arbitrator's authority, aligning with public policy favoring arbitration in labor controversies.

arbitrationprobationary teacherteacher tenurecollective bargaining agreementgrievance procedureschool district employmentteacher evaluationjudicial review of arbitrationarbitrator's award confirmationCPLR Article 75
References
9
Case No. MISSING
Regular Panel Decision
Mar 11, 1999

Connolly v. Bidermann Industries U.S.A., Inc.

Plaintiff Diana Campbell Connolly sued her employer, Great American, and other defendants for disability discrimination under the Americans with Disabilities Act (ADA) after her termination in January 1995. Connolly, a Vice President of Sales, developed a hearing impairment and tinnitus which prevented her from flying, an essential function of her job. She contended she could have been reassigned to a vacant position that did not require flying. A jury found in her favor, awarding $50,000 for past pain and suffering, $475,000 for past lost wages and benefits, and $350,000 in punitive damages against Great American. The defendants moved for judgment as a matter of law or for a reduction in damages, arguing they were not legally obliged to reassign her and that the damages were excessive. The court denied the defendants' motion in all respects, affirming the jury's finding that reassignment to a vacant position is a reasonable accommodation under the ADA and upholding the damages award.

ADADisability DiscriminationReasonable AccommodationReassignmentWrongful TerminationBack PayPunitive DamagesTinnitusJury VerdictRule 50(b) Motion
References
18
Case No. ADJ3554201 (VNO 0429945) ADJ2060228 (PAS 0034618)
Regular
May 30, 2014

ROSEMARY MOSER vs. BEVERLY HOSPITAL

The Workers' Compensation Appeals Board dismissed Rosemary Moser's petition for reconsideration in the case against Beverly Hospital. The dismissal was based on the administrative law judge's report, which found the petition to be untimely filed, unverified, and improperly served. Therefore, the Board adopted the judge's recommendation and ordered the petition dismissed.

Petition for ReconsiderationDismissedUntimelyUnverifiedNot Properly ServedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationIncorporated ReportPermit Self-Insured
References
0
Case No. 526693
Regular Panel Decision
May 30, 2019

Matter of Connolly v. Covanta Energy Corp.

Claimant, a maintenance planner/mechanic, was diagnosed with allergic bronchopulmonary aspergillosis from exposure to aspergillus fungus at his workplace. Initially denied as an occupational disease, the Workers' Compensation Board later affirmed it as an accidental injury from exposure during cooling tower remediation. The employer appealed, questioning the Board's jurisdiction and compliance with Workers' Compensation Law § 137 for a medical report. The Appellate Division, Third Department, affirmed the Board's decision, finding the Board had continuing jurisdiction, the report met requirements, and substantial evidence supported the accidental injury finding.

Workers' CompensationAccidental InjuryOccupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusMold ExposureCausalityMedical EvidenceWorkers' Compensation BoardAppellate Division
References
16
Case No. MISSING
Regular Panel Decision

Tuthill v. United States

Plaintiff Beverly Tuthill brought an action against the United States of America under the Federal Tort Claims Act after suffering injuries from a slip and fall on ice at the West Point Visitor's Center parking lot. The defendant moved for summary judgment, arguing they had no duty to protect the plaintiff from an open and obvious condition and lacked notice of the icy patch. The court denied the defendant's motion, citing genuine issues of material fact regarding whether the ice was indeed open and obvious and whether the defendant had constructive notice due to a potentially recurring ice problem in the area and the reasonableness of their inspection procedures. The case is to proceed to trial.

Federal Tort Claims ActSlip and FallSummary Judgment MotionNegligenceNew York LawOpen and Obvious HazardConstructive NoticeRecurring ProblemPremises LiabilityDuty of Care
References
17
Case No. ADJ1543782
Regular
Aug 18, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

In this workers' compensation case, the Board denied the defendant City of Beverly Hills' reconsideration of its prior decision. The Board had overturned a judge's finding that a police officer's shoulder injury sustained while exercising in the station gym during off-duty hours was not industrial. The Board determined the injury was compensable because it was a reasonable expectancy of employment under the specific circumstances. This decision reinforces the finding that the officer's workout was a reasonable part of his employment, even during off-duty hours.

Workers Compensation Appeals BoardCity of Beverly Hillspolice officerleft shoulder injuryindustrial injuryreasonable expectancyoff-duty hoursgymcompensablereconsideration
References
0
Case No. ADJ1484892 (SBR 0318885)
Regular
May 04, 2015

JOANNE CORSON vs. BEVERLY MANOR SANITARIUM, AMERICAN HOME ASSURANCE EXCESS CARRIER

In *Corson v. Beverly Manor Sanitarium*, the applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to allow further study of the factual and legal issues involved. This is a preliminary step to ensure a just and reasoned decision after a thorough review. All future correspondence related to the reconsideration petition must be filed directly with the WCAB Commissioners in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationBeverly Manor SanitariumPermissibly Self-InsuredAmerican Home Assurance Excess CarrierAIG ClaimsStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the Commissioners
References
1
Case No. ADJ258716
Regular
Oct 11, 2010

SUZANNE E. CONNOLLY vs. BURT CENTER, INC., STATE COMPENSATION INSURANCE FUND

In *Connolly v. Burt Center, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a July 20, 2010 decision. This grant is based on the WCAB's initial review and the need for further study of the case's factual and legal issues. The reconsideration is intended to ensure a complete understanding of the record for a just and reasoned decision. All future communications for this case are to be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersDecision After ReconsiderationService by Mail
References
0
Case No. ADJ218048 (VNO 0530772) ADJ1017219 (VNO 0373730) ADJ2748924 (VNO 0373487)
Regular
Apr 20, 2018

GILBERT TORRES vs. BEVERLY COMMUNITY HOSPITAL; Permissibly Self-Insured; administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Beverly Community Hospital. The dismissal was based on the petition being "skeletal" and failing to meet the specific pleading requirements outlined in Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Specifically, the petition did not detail the grounds for reconsideration, cite the record, or explain how the evidence failed to support the findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSkeletal PetitionLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Administrative Law JudgeApplicant
References
7
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