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

Case No. ADJ8461086

Regular

Jun 10, 2013

CEDRICK BROCKINGTON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original decision, with amendments to the findings of fact. Specifically, temporary disability payments for applicant Cedrick Brockington were clarified to be from July 24, 2012, to continue, with adjustments for earnings and EDD payments. The Board also amended the finding regarding the Employment Development Department's lien recovery. The decision emphasizes deference to the WCJ's credibility findings.

WORKERS' COMPENSATION APPEALS BOARDCEDRICK BROCKINGTONLOS ANGELES UNIFIED SCHOOL DISTRICTSEDGWICK CMSADJ8461086OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONWCJGARZA v. WORKMEN'S COMP. APPEALS BD.TEMPORARY DISABILITY

References

Case No. MISSING

Regular Panel Decision

Jun 18, 2004

Brockington v. Brookfield Development Corp.

Isaac Brockington, an employee of Federal Express Corporation, suffered personal injuries when a truck operated by a coworker pinned him against a conveyor belt within a warehouse. The plaintiffs alleged the accident resulted from a design defect in the facility, specifically the absence of wheel stops. The Supreme Court, Westchester County, granted summary judgment to the unnamed defendant, an out-of-possession landlord who leased the warehouse to Federal Express. The appellate court affirmed this decision, finding that the defendant's maintenance obligations were limited to the building's structure, not the interior workspace where the alleged defect occurred, and over which the employer exercised exclusive control.

Personal InjurySummary JudgmentLandlord-Tenant LawPremises LiabilityOut-of-Possession LandlordLease AgreementProximate CauseDesign DefectWorkplace AccidentEmployer Responsibility

References

Case No. MISSING

Regular Panel Decision

Claim of Brockington v. University of Rochester

This case addresses an appeal from a Workers’ Compensation Board decision that granted a reduced earnings award to a claimant suffering from a causally related partial disability. The employer and its workers’ compensation insurance carrier contested the award, arguing that the claimant had voluntarily withdrawn from the labor market. However, the claimant testified that her inability to work stemmed from her deteriorating health, an explanation accepted by the Board. Medical evidence, including reports from her treating physician and an independent medical examination, corroborated her claims of 50% disability, chronic pain, and a preclusion from returning to work due to chronic lumbar strain. The Board's finding that the claimant did not voluntarily withdraw from the labor market was affirmed on appeal, as it was supported by substantial evidence.

Workers' CompensationReduced Earnings AwardVoluntary WithdrawalLabor MarketPartial DisabilityChronic PainLumbar StrainMedical EvidenceSubstantial EvidenceAppellate Review

References

Case No. ADJ7231165

Regular

Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance

References

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CEDRICK BROCKINGTON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

Brockington v. Brookfield Development Corp.

Personal InjurySummary JudgmentLandlord-Tenant LawPremises LiabilityOut-of-Possession LandlordLease AgreementProximate CauseDesign DefectWorkplace AccidentEmployer Responsibility

Claim of Brockington v. University of Rochester

Workers' CompensationReduced Earnings AwardVoluntary WithdrawalLabor MarketPartial DisabilityChronic PainLumbar StrainMedical EvidenceSubstantial EvidenceAppellate Review

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance