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

Case No. 536000
Regular Panel Decision
Mar 07, 2024

Matter of Elhannon Wholesale Nursery, Inc. (Commissioner of Labor)

Elhannon Wholesale Nursery, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found the company liable for additional unemployment insurance contributions for its H-2A agricultural workers from 2014 to 2016. The contributions included remuneration for housing and utilities provided to these workers. Elhannon argued for the retroactive application of a 2019 amendment to Labor Law § 564, which excluded H-2A workers from the definition of "employment," but the court found no clear legislative intent for retroactivity. The company also challenged the Board's authority to assess contributions for workers ineligible for benefits and disputed the valuation of housing and utility remuneration. The Appellate Division, Third Department, affirmed the Board's decision, asserting that an employer's obligation to pay contributions is independent of employee eligibility for benefits and upholding the Commissioner's method for calculating remuneration.

Unemployment InsuranceH-2A WorkersAgricultural LaborRetroactive ApplicationStatutory InterpretationLabor LawPayroll TaxEmployer ContributionsRemuneration ValuationHousing Benefits
References
15
Case No. ADJ2539014 (OXN 0136416) ADJ3424059 (OXN 0144174)
Regular
Jul 26, 2013

JUAN RAMIREZ vs. BROKAW NURSERY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the insurer's petition for reconsideration of a prior order. The prior order found lien claimant Pharma Finance's medical treatment reasonable and necessary, deemed a specific regulation inapplicable, and directed further development of the record regarding the value of the services. The Board found the petition skeletal and also noted the insurer agreed with the finding on the regulation's inapplicability. Furthermore, the insurer had stipulated to the primary treating physician and did not raise the Medical Provider Network issue at trial, and while Labor Code section 4903.8 was implicitly raised, no specific findings were made on its application, nor was a final order on the lien amount issued.

WCABBrokaw NurseryState Compensation Insurance FundPharma FinanceJoint Findings and OrdersOrder Vacating Submissionmedical treatment serviceslien claimantreasonable and necessaryCalifornia Code of Regulations title 8 section 9785.5
References
2
Case No. ADJ9120523
Regular
Jan 25, 2018

Guillermo Reyes Perez vs. Colorama Wholesale Nursery, Zenith Insurance Company

This Workers' Compensation Appeals Board case concerns disputed payments for copying services provided by lien claimant Citywide Scanning Services, Inc. The Board granted reconsideration to amend the original decision based on the WCJ's report. While most of the lien claimant's invoices were deemed satisfied due to failure to request a second review after receiving Explanations of Review (EORs), two invoices were specifically addressed. The Board found the defendant failed to provide valid EORs for services related to Colorama Wholesale Nursery and the California Secretary of State. Therefore, the lien claimant is entitled to full payment for these two invoices, less any amounts already paid by the defendant.

EORLabor Code section 4622WCAB Rule 9794(c)Petition for ReconsiderationLien claimantCopying servicesSecond reviewInvoicesDefendant's answerReport and Recommendation
References
0
Case No. ADJ4684541 (ANA 0389950)
Regular
Jun 13, 2016

PANFILO SALDANA vs. COLOR SPOT NURSERIES, AMERICAN HOME ASSURANCE COMPANY, AIG, ARROWOOD INDEMNITY COMPANY

This Workers' Compensation Appeals Board (WCAB) case involves a petition for reconsideration filed by the defendant, Color Spot Nurseries and its insurers, against applicant Panfilo Saldana. The WCAB has granted reconsideration based on an initial review, finding it necessary to allow further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. All future correspondence and filings related to the petition must be submitted directly to the WCAB Commissioners.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ7173621
Regular
Jun 23, 2015

vs. MATSUI NURSERY, MEADOWBROOK INSURANCE

This case involves Maria Torres' workers' compensation claim for 100% permanent total disability due to an admitted injury to her ankle and psyche. The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration, upholding the WCJ's decision. The Board gave great weight to the WCJ's credibility determinations and relied on the opinions of the agreed medical evaluators, Dr. Stark (orthopedic) and Dr. Sidle (psychiatric), who both concluded that 100% of the applicant's disability was industrially caused. The Board found the defense vocational expert's opinion unpersuasive as it was based on an incorrect history and legal theory, and that the applicant's pre-injury limitations did not preclude her from working.

Petition for ReconsiderationAgreed Medical EvaluatorComplex Regional Pain SyndromePain DisorderPermanent Total DisabilityVocational ExpertSubstantial EvidenceCredibility DeterminationsNon-industrial FactorsOrthopedic Injury
References
0
Case No. MISSING
Regular Panel Decision

Armstrong v. Foxcroft Nurseries, Inc.

The Appellate Division reversed a Supreme Court order that granted summary judgment to the defendant, dismissing a personal injury complaint. Plaintiff, an equipment operator, was injured by a forklift owned by the defendant while working for Crow and Sutton Associates (C&S), a landscape contractor. The defendant argued the action was barred because the plaintiff was its special employee and had received workers' compensation benefits. However, the Appellate Division found no conclusive evidence that C&S, the general employer, relinquished control over the plaintiff, or that the defendant, a distinct corporation, assumed exclusive control. The court also rejected the argument that the close corporate ties between defendant and C&S established an alter ego or joint venture relationship, which would apply the Workers' Compensation Law's exclusivity provisions. Therefore, the defendant failed to prove entitlement to summary judgment based on the plaintiff's special employee status.

Special employee doctrineWorkers' compensation exclusivitySummary judgment reversalCorporate veil piercingGeneral employer liabilityForklift accidentAppellate DivisionRensselaer CountyPersonal injuryControl and direction
References
10
Case No. MISSING
Regular Panel Decision
Oct 08, 1976

Claim of Feliciano v. Woodlea Nursery

The claimant, a migrant worker, was injured when he fell down stairs in employer-provided housing on his day off. The employer was contractually obligated to provide this housing. The Workmen's Compensation Board ruled that the injuries arose out of and in the course of employment. The Appellate Court affirmed this decision, citing precedent that residency provided as part of the employment contract is covered, meaning the injury was compensable.

migrant worker injuryemployer housingworkers' compensation claimcourse of employmentarising out of employmentinjury on day offcontractual housingcompensable injuryAppellate Division
References
2
Case No. ADJ9316568
Regular
Aug 17, 2018

EFRAIN HERNANDEZ vs. OASIS NURSERY, THE HARTFORD

Mesa Pharmacy sought reconsideration of a decision that subjected its lien to a stay under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated to address common issues regarding Mesa Pharmacy's liens and Labor Code section 4615. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior order, and returned the case to the trial level. The assigned judge will determine if this specific case should be excluded from the consolidation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien ClaimantLabor Code Section 4615Stay of LiensConsolidationWCAB Rule 10589Ownership and ControlCriminal Proceedings
References
1
Case No. MISSING
Regular Panel Decision

Claim of Torres v. Laurel Hill Nursery

The court reviewed an order from the Appellate Division. The order was affirmed, with costs, based on the reasons detailed in the Appellate Division's memorandum (98 AD2d ,904). The decision saw the concurrence of Chief Judge Wachtler along with Judges Jasen, Meyer, Simons, Kaye, and Alexander. This indicates a unanimous or majority agreement among the presiding judges on the outcome. The ruling upheld the previous decision of the lower court.

Appellate ReviewOrder AffirmationJudicial ConcurrenceCosts AwardedCourt DecisionJudicial PanelLegal MemorandumProcedural LawCase PrecedentAppellate Division
References
1
Case No. ADJ7617970
Regular
Nov 30, 2012

SILVIO CRUZ vs. AY NURSERY/FIRST COMP

This case involves a lien claimant, SAI Professional Services, seeking reconsideration of a dismissed lien claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was unverified, violating Labor Code section 5902. The Board noted that the defect was raised in the WCJ's Report, and the claimant failed to cure it within a reasonable time. The WCAB would have also denied the petition on its merits, but the primary reason for dismissal was the lack of verification.

Lien claimantPetition for ReconsiderationUnverified petitionLabor Code section 5902Notice of Intention to Disallow Lien ClaimLien conferenceWorkers' Compensation Appeals BoardWCJ ReportProof of ServiceDismissal
References
1
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