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

Case No. ADJ114638 (VNO 0364765)
Regular
Apr 13, 2009

Adriana Modlin vs. CEDARS-SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board rescinded a prior decision regarding Adriana Modlin's claim against Cedars-Sinai Medical Center. Defendant Cedars-Sinai sought reconsideration, arguing the judge incorrectly applied the Permanent Disability Rating Schedule, failed to account for indemnity overpayments and commutations, and miscalculated indemnity rates. The Board remanded the case to the trial level for further proceedings to address these issues, including clarifying indemnity payment records and potentially re-evaluating the correct rating schedule.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent Total DisabilityPermanent Disability Rating ScheduleIndemnityCommutationCreditThird Party RecoveryAttorney's Fees
References
0
Case No. ADJ6757162
Regular
Dec 14, 2016

JOSEPH BRABANDER vs. CEDARS-SINAI MEDICAL CENTER

This case concerns defendant Cedars-Sinai's petition for reconsideration of a workers' compensation finding. The administrative law judge found the applicant's cumulative trauma claim, filed after his layoff notice, was not barred by the statute of limitations or Labor Code section 3600(a)(10). The Board denied reconsideration, agreeing that the applicant's date of injury, determined by when he suffered disability and knew it was work-related, occurred after his layoff notice. Therefore, exception (D) to Labor Code section 3600(a)(10) applied.

cumulative traumaStatute of LimitationsLabor Code section 3600(a)(10)post-termination claimspreponderance of the evidencenotice of terminationlayoffknowledge of injurydisabilityoccupational diseases
References
2
Case No. ADJ3623428 (MON 0334798) ADJ1196230 (MON 0334799)
Regular
Feb 08, 2010

FREDERICK DOMINGUE vs. CEDAR SINAI MEDICAL CENTER

Defendant Cedar Sinai Medical Center sought reconsideration of an approved Compromise and Release (C&R) for $99,000, settling applicant Frederick Domingue's claims for various injuries, including psyche, respiratory, and cancer. Defendant argued CMS approval was a condition precedent, applicant failed to disclose terminal brain cancer, and the WCJ abused discretion due to applicant's death post-execution but pre-approval. The Appeals Board denied reconsideration, finding no evidence CMS approval was required given the C&R's terms and CMS guidelines, and that the WCAB has discretion to approve a C&R even after an applicant's death. Furthermore, the Board found no sufficient evidence of nondisclosure of a separate terminal brain cancer condition.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseMedicare Set AsideCMS approvalcondition precedentindustrial injurypsycherespiratory systemspine
References
13
Case No. ADJ630889 (MON 0279182)
Regular
Dec 28, 2012

BARBARA ANN SHANN vs. CEDARS SINAI, TRISTAR RISK MANAGEMENT

This case involves Barbara Ann Shann seeking workers' compensation benefits from Cedars Sinai and Tristar Risk Management. The Workers' Compensation Appeals Board denied Shann's request for reconsideration of a prior decision. The order indicates the Board found no grounds to overturn its initial ruling regarding her claim.

WORKERS' COMPENSATION APPEALS BOARDBARBARA ANN SHANNCEDARS SINAITRISTAR RISK MANAGEMENTADJ630889ADJ224692ADJ3805845ORDER DENYING RECONSIDERATIONMON District Office
References
1
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ7626709
Regular
Mar 07, 2014

JUDY WANG vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case concerns Judy Wang's workers' compensation claim against Cedars Sinai Medical Center. The Appeals Board dismissed Wang's petition for reconsideration because it was filed untimely. Specifically, the petition was filed more than 20 days after the WCJ's decision, and personal service of the decision negated any mailing extension. The Board noted that even if timely, the petition would have been denied on the merits.

Petition for ReconsiderationUntimely PetitionLabor Code section 5903Jurisdictional Time LimitAppeals BoardWCJPersonal ServiceMailing ExtensionWCAB Rule 10507Dismissal
References
7
Case No. ADJ9160815
Regular
Jun 10, 2014

ALMA CEDILLO vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case involves an applicant, Alma Cedillo, seeking workers' compensation benefits from Cedars Sinai Medical Center and Tristar Risk Management. The Workers' Compensation Appeals Board (WCAB) issued an order denying a Petition for Removal filed in the case. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCJ) in reaching its decision to deny removal. Therefore, the applicant's request to remove the case from the current process was rejected.

Petition for RemovalWorkers' Compensation Appeals BoardCedars Sinai Medical CenterTristar Risk ManagementAdministrative Law JudgeADJ9160815Van Nuys District OfficeAlma Cedillodenying removalworkers' compensation
References
0
Case No. 2022 NY Slip Op 03327 [205 AD3d 548]
Regular Panel Decision
May 19, 2022

Newman v. Mount Sinai Med. Ctr., Inc.

Plaintiff Aja Newman appealed two orders related to discovery in her lawsuit against Mount Sinai for negligent hiring, retention, and supervision, stemming from sexual assaults committed by defendant Dr. David Newman on her and three other patients. The Supreme Court had denied Newman's motions to compel discovery regarding the identities of the other patients and hospital workers, and granted Mount Sinai's cross-motion for a protective order, citing quality assurance and HIPAA privileges. The Appellate Division reversed both orders, ruling that Mount Sinai failed to prove entitlement to the quality assurance privilege for all requested documents and that the doctor-patient privilege does not cover incidents of abuse. The court also clarified that HIPAA regulations allow for disclosure subject to a qualified protective order. The Appellate Division granted Newman's motions, directing Mount Sinai to disclose patient identities under a protective order, provide identities of Newman's coworkers, produce party statements from ordinary business records, and prepare a privilege log for quality assurance materials for in camera review, remanding the matter for further proceedings.

Discovery DisputeNegligent HiringNegligent SupervisionQuality Assurance PrivilegeHIPAADoctor-Patient PrivilegeSexual AssaultPatient ConfidentialityProtective OrderPrivilege Log
References
13
Case No. ADJ18201897; ADJ18355564
Regular
Jun 03, 2025

GUADALUPE VAZQUEZ vs. CEDARS-SINAI MEDICAL CENTER, BETA HEALTHCARE GROUP ROSEVILLE

The Workers' Compensation Appeals Board denied defendant Cedars-Sinai Medical Center's petitions for reconsideration and disqualification. The Board affirmed the WCJ's finding that applicant Guadalupe Vazquez sustained a specific industrial injury on March 14, 2023, to her lumbar spine, cervical spine, left shoulder, and bilateral knees. The defendant's petition for reconsideration, challenging the date of injury and alleging due process violations, was deemed timely but denied on merits, concurring with the WCJ's report. The petition for disqualification of the WCJ, alleging bias, was denied for lack of detailed factual support and was considered a bad faith attempt to delay proceedings. The Board also ordered further development of the medical record concerning the applicant's alleged head and brain injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for DisqualificationAdministrative Law JudgeLabor Code Section 5909TimelinessJurisdictionalCode of Civil Procedure Section 641Judicial BiasIndustrial Injury
References
26
Case No. ADJ925487 (MON 0224419) MF ADJ4488262 (MON 0247350)
Regular
Aug 03, 2015

Frances Wade vs. CEDAR-SINAI HEALTH SYSTEMS, permissibly self-insured, administered by TRISTAR CLAIMS ADMINISTRATION

The Workers' Compensation Appeals Board denied Cedars-Sinai Health Systems' petition for reconsideration. The employer sought to reduce a $96.5\%$ permanent disability award to Frances Wade, citing overlap with a prior injury and internal medical issues. The Board adopted the WCJ's report, finding the award appropriate and the temporary disability indemnity correctly calculated. The Board also declined to consider supplemental filings from the defendant.

WadeCedar-SinaiTristar ClaimsClinical Partner/LVNindustrial injuriesbackright hippsychehypertensioncardiovascular
References
1
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