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

Case No. MISSING
Regular Panel Decision

Palmer v. Butts

This memorandum discusses a prior appeal where H. Robert Butts, as the property owner, was found to have a nondelegable duty under Labor Law §§ 240(1) and 241(6) despite not supervising the work performed by Lonnie R. Palmer. The court clarified that tree trimming constitutes a protected activity under Labor Law § 240(1) as it was necessary and incidental to the erection of utility poles. Furthermore, the Supreme Court correctly determined that the third-party action for indemnification or contribution is not barred by the 1996 amendment to Workers’ Compensation Law § 11 because the employee’s underlying action for personal injuries was commenced before September 10, 1996. The order of the Supreme Court was unanimously affirmed.

Labor LawWorkers' Compensation LawNondelegable DutySite PreparationTree TrimmingStatutory InterpretationIndemnificationContributionSummary JudgmentAppellate Review
References
6
Case No. ADJ7214041
Regular
Jan 23, 2013

STEPHEN SHELDON vs. BUTTE COUNTY FIRE

The Workers' Compensation Appeals Board dismissed Butte County Fire's Petition for Reconsideration. The Board found the petition was improperly filed because it was directed at an interim order returning the case to the trial level for further development of the medical record. Such an order is not a "final" order that determines substantive rights or liabilities, and therefore is not subject to reconsideration. The substantive arguments of the petition were not addressed due to this procedural defect.

WCABPetition for ReconsiderationFinal OrderGrant ReconsiderationRescinded DecisionFurther DevelopmentMedical RecordBurden of ProofIndustrial InjurySubstantive Right
References
6
Case No. ADJ7689073
Regular
Jul 03, 2012

WILLIAM OLIVE vs. COUNTY OF BUTTE, SHERIFF'S DEPARTMENT

In *Olive v. County of Butte*, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in its decision. Therefore, the applicant's request for a rehearing or further review of the original decision was refused.

WORKERS' COMPENSATION APPEALS BOARDCOUNTY OF BUTTESHERIFF'S DEPARTMENTPermissibly Self-InsuredYORKADJ7689073ORDER DENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgerecord
References
0
Case No. ADJ8172168; ADJ8075196
Regular
Apr 17, 2013

RONALD PROCK vs. COUNTY OF BUTTE, Permissibly Self-Insured, JOINT POWERS AUTHORITY

This case involves a deputy sheriff, Ronald Prock, who suffered disabling heart symptoms in 2011, years after his retirement in 2001. The Workers' Compensation Appeals Board (WCAB) affirmed the prior findings, establishing the date of injury as December 31, 2002, to December 31, 2003, for cumulative trauma exposure. This determination assigns liability to the County of Butte JPA, as Prock was not employed by them or any other entity on the date his disability manifested and was known to be work-related (July 3, 2011). The WCAB clarifies that Labor Code section 5412's date of injury, which occurred after the last date of exposure, controls liability in this situation.

Workers' Compensation Appeals BoardRonald ProckCounty of ButteJoint Powers AuthorityPermissibly Self-InsuredDeputy SheriffCumulative TraumaDate of InjuryManifestation of DisabilityStatute of Limitations
References
1
Case No. ADJ7816135
Regular
May 07, 2012

BRYAN FLICKER vs. COUNTY OF BUTTE

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) finding of industrial injury for a correctional lieutenant. The WCJ had applied Labor Code section 3213.3, which presumes lower back impairments in peace officers required to wear duty belts. The Board found insufficient evidence that the applicant was required to wear a duty belt as a condition of employment as a peace officer, which is a prerequisite for the presumption's application. Therefore, the Board rescinded the award and returned the case for a determination of industrial injury without reference to the duty belt presumption, allowing for further record development.

Workers' Compensation Appeals BoardBryan FlickerCounty of ButteADJ7816135Labor Code section 3213.3correctional lieutenantcumulative injurylow back impairmentpeace officerduty belt presumption
References
0
Case No. MISSING
Regular Panel Decision
Aug 22, 1978

Claim of Butt v. Landsman Packing Co.

The case involves an appeal from a Workers' Compensation Board decision that found the claimant had a causally related disability after January 21, 1977. This disability stemmed from an industrial accident on July 3, 1973, where the claimant inhaled chlorine gas, leading to acute bronchitis. The Board, relying on medical testimony and reports from Dr. J. Gold, concluded there was a permanent partial disability with moderate ventilatory impairment. The court reviewed the record and affirmed the Board's decision, citing substantial evidence to support its findings.

Workers' CompensationDisabilityCausationMedical EvidenceChlorine Gas InhalationAcute BronchitisPermanent Partial DisabilityVentilatory ImpairmentAppealSubstantial Evidence
References
1
Case No. MISSING
Regular Panel Decision
May 18, 2006

Butt v. Bovis Lend Lease LMB, Inc.

Plaintiff sued for injuries sustained from a fall off a ladder while plastering at Public School 24 in the Bronx, alleging common-law negligence and Labor Law violations against the City of New York (owner), Board of Education (operator), and Bovis Lend Lease (general contractor). Defendants' motion for summary judgment, arguing the work was outside the contract scope, was initially deemed untimely by the Supreme Court. The appellate court found good cause for the delayed motion due to a necessary second deposition of a key witness, Alex Rollaros. However, on the merits, the court denied summary judgment, stating that an owner's liability under Labor Law §§ 240(1) and 241(6) is not limited by contractual provisions. Furthermore, inconsistencies in testimony regarding the authorization for the work prevented a determination that the work was, as a matter of law, outside the contract's furtherance.

Labor Law violationsSummary judgment motionTimeliness of motionGood cause for delayDiscovery issuesDeposition testimonyContractual scope of workOwner liabilityGeneral contractor liabilityCommon-law negligence
References
7
Case No. ADJ8321113
Regular
Sep 20, 2013

DANIEL YOUNG vs. COUNTY OF BUTTE, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and found that applicant Daniel Young did not sustain a compensable industrial injury. The WCAB determined that Young's injury, sustained during off-duty jumping jacks at home, was a result of voluntary participation in an athletic activity not reasonably expected or required by his employment as a correctional sergeant. This decision relied on Labor Code section 3600(a)(9) and precedent established in *City of Stockton v. Workers' Comp. Appeals Bd. (Jenneiahn)*, which held that a general expectation of maintaining physical fitness is insufficient for compensability. Therefore, Young's claim was denied as non-compensable.

Labor Code section 3600(a)(9)Ezzy testoff-duty recreational activityvoluntary participationreasonable expectancy of employmentcorrectional sergeantstrenuous physical contactsfitness testJenneiahnWilson
References
8
Case No. MISSING
Regular Panel Decision
Jul 29, 1980

Claim of Butts v. Ward La France Trucking Corp.

The Workers’ Compensation Board found claimant’s disability to be 45% attributable to a March 1976 work accident, 10% to an August 1977 nonrelated accident, and 45% to a November 1977 work accident. The employer's carrier for the second work accident appealed the 45% apportionment. The court found no substantial evidence to support the Board's apportionment, citing testimonies from Dr. Burke, who attributed 90% of disability to the first work accident, and Dr. Corradini, who believed the first accident's disability ended by January 1977 and the current disability was primarily from the nonrelated accident. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Disability ApportionmentWork-Related InjuryNon-Related InjuryMedical Expert TestimonySubstantial Evidence ReviewWorkers' Compensation BoardAppellate ReviewReversal of DecisionRemittal for Further ProceedingsInsurance Carrier Dispute
References
0
Case No. ADJ8640895
Regular
Jul 22, 2015

TERESA WOLFE vs. BUTTE COUNTY BEHAVIORAL HEALTH; YORK SACRAMENTO

The applicant's attorney petitioned for removal of an order approving a compromise and release, specifically challenging the provision holding her attorney's fees in trust due to alleged failures to appear or effectively represent the applicant. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that holding the fees in trust pending a hearing does not constitute significant prejudice or irreparable harm. The WCAB emphasized that removal is an extraordinary remedy, and the attorney failed to meet this high standard. The Board concluded that reconsideration would be an adequate remedy after a final order issues.

Petition for RemovalOrder Approving Compromise and ReleaseWCJAttorney's FeesHold in TrustIndustrial InjuryMental Health ClinicianLabor Code Section 5310Extraordinary RemedySignificant Prejudice
References
4
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