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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

Cristina Blouse Corp. v. International Ladies Garment Workers' Union, Local 162

Cristina Blouse Corp. sought an injunction to stop arbitration proceedings and to disqualify a proposed arbitrator. The plaintiff alleged fraud in the inducement of a collective bargaining agreement with the Sportswear Apparel Association, Inc. and the Union, claiming they were misled into joining the Association with the promise of remaining non-union. The Court found that Cristina voluntarily and knowingly entered into the agreement, thus denying the request to stay arbitration. However, the Court granted the request to disqualify the named arbitrator, Marshall L. Rosenberg, Esq., due to his prior representation of the defendant Union, and ordered the parties to select a neutral arbitrator.

ArbitrationInjunctionCollective Bargaining AgreementLabor Management Relations ActFraud in InducementArbitrator DisqualificationContract LawFederal Rules of Civil ProcedureDeclaratory Judgment ActUnion Shop
References
6
Case No. ADJ11024044
Regular
Sep 06, 2018

CRISTINA GODINEZ vs. BARCIACO FARMER INC., MEADOWBROOK INSURANCE

This case involves a Petition for Removal filed by the defendants. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. The dismissal is based on the petition being untimely, as it was filed more than 25 days after the WCJ's decision. California regulations require petitions for removal to be *received* by the WCAB within the prescribed time. Mailing the petition within the period is insufficient to establish timeliness.

Workers' Compensation Appeals BoardPetition for RemovalUntimelyDismissedWCJ decisionMail serviceBusiness day extensionFiling deadlineProof of mailingWCAB
References
0
Case No. ADJ7820610
Regular
Dec 12, 2012

CRISTINA SANCHEZ vs. MOLA SEWING, INC., REPUBLIC INDEMNITY

The Workers' Compensation Appeals Board denied Cristina Sanchez's Petition for Reconsideration, upholding the WCJ's finding that she failed to meet her burden of proof. The WCJ found the applicant's testimony lacked credibility, citing inconsistencies with her deposition testimony and credible witness accounts. Specifically, the applicant's claims regarding heavy lifting, reporting injuries, and the cause of her inability to work were contradicted by evidence. The Board gave great weight to the WCJ's credibility findings, as is customary.

Workers' Compensation Appeals BoardReconsideration DenialAdministrative Law Judge ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.In Pro PerPetition for ReconsiderationFindings and OrderBurden of ProofCourse of Employment
References
1
Case No. ADJ802487
Regular
Oct 30, 2014

MANUEL GODINEZ vs. IDD PROCESS & PACKING, INC.; SUSAN and JEFFREY GUNN, substantial shareholders

This case involves an applicant, Manuel Godinez, seeking workers' compensation benefits for a back injury allegedly sustained on December 14, 2007. The Administrative Law Judge (ALJ) denied the claim, finding the applicant did not sustain an injury arising out of and in the course of employment, a decision the Workers' Compensation Appeals Board (WCAB) adopted. The WCAB denied the applicant's Petition for Reconsideration, giving great weight to the ALJ's credibility findings. The applicant's claim faced dismissal for lack of prosecution and later had credibility issues due to inconsistent testimony and medical records not supporting the claimed injury mechanism.

Petition for ReconsiderationWCABLabor Code § 5903Findings of FactCredibilityIndustrial InjuryCourse of EmploymentCausationMedical EvidenceDismissal of Claim
References
1
Case No. ADJ7022076 ADJ7022080
Regular
Sep 30, 2011

NELSON TORRES GODINEZ vs. VALET DETAIL SERVICE AND AUTO RESTORATION, STATE FARM INSURANCE COMPANY

This case involves Nelson Torres Godinez's claim for workers' compensation benefits related to a specific injury in May 2009 and cumulative trauma from August 2008 to October 2009. The Workers' Compensation Appeals Board denied reconsideration of the findings of the administrative law judge. The judge found that despite strong legal arguments made by the applicant regarding notice requirements and unrebutted medical reports, the medical evidence did not convincingly demonstrate an industrial injury or disability. Ultimately, the judge did not find the applicant's testimony credible regarding the extent of injury and protective measures used, leading to the denial of the claim.

WCABReconsideration DeniedSpecific InjuryCumulative TraumaLabor Code §5412Post-Termination RuleIndustrial InjuryMedical ReportingCredibility FindingGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. MISSING
Regular Panel Decision

Godinez v. Siena College

Plaintiff, an alumnus of Siena College, initiated a lawsuit against Siena College and Shirley Staley, a nurse employed at the Capital District Psychiatric Center (CDPC). The action stemmed from Staley's report to a crisis team about potential violent behavior by the plaintiff at his graduation ceremony, information allegedly based on statements from the plaintiff's mother. Following this, Siena College declared the plaintiff 'persona non grata' and barred him from campus. The plaintiff alleged that Staley negligently disclosed inaccurate confidential information and that Siena College negligently barred him from campus without due process. The Supreme Court granted Siena College's motion for summary judgment, dismissing the complaint against it, and subsequently dismissed the complaint against Staley at the close of the plaintiff's case. The appellate court affirmed both decisions, ruling that Siena College had the authority to ban the plaintiff as an alumnus and that the plaintiff failed to establish a prima facie case against Staley because the alleged confidential information was deemed manufactured and thus lacked confidentiality.

Student conductPersona non grataConfidentiality breachMental health informationSummary judgmentDismissal of complaintAppellate reviewEducation lawExecutive lawCivil rights
References
12
Case No. ADJ2596572 (MON 0357137)
Regular
May 29, 2018

CRISTINA CORIA vs. CITY OF SANTA MONICA

This case involves a police officer's claim for industrial injury, specifically to her low back. The applicant contends the WCJ erred by not applying the Labor Code section 3213.2 "duty belt presumption" and improperly apportioning cervical spine disability. The Appeals Board rescinded the WCJ's decision, finding the independent medical evaluator's opinions did not properly rebut the presumption. The case is returned to the trial level for a determination on the applicability of the duty belt presumption and whether the injury manifested within the statutory timeframe. Issues regarding apportionment are preserved for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPolice OfficerCumulative InjuryBilateral Carpal Tunnel SyndromeBilateral Cubital Tunnel SyndromePermanent DisabilityApportionmentLabor Code Section 3213.2Duty Belt Presumption
References
0
Case No. ADJ367320 (VNO 0476303) ADJ566883 (LAO 0740861)
Regular
Jun 16, 2015

CRISTINA UGARTE vs. FLINKMAN REALTY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (Appeals Board) reconsidered a prior decision that denied separate reimbursement for implanted hardware for lien claimant Pacific Hospital of Long Beach. The Appeals Board found that the WCJ misinterpreted regulations regarding hospital billing and reimbursement. Specifically, the Appeals Board determined that implanted hardware is separately reimbursable under section 9789.22(g) regardless of whether the inpatient services qualify as a cost outlier. Therefore, the Board rescinded the WCJ's decision and returned the case for further proceedings to calculate the correct payment for the implanted hardware.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderLien claimantReimbursementImplanted hardwareOutlier feesRegulationsCost outlierInpatient hospital services
References
0
Case No. ADJ757747
Regular
Aug 09, 2010

CRISTINA BANDERAS vs. DIJON ENTERPRISES dba McDONALDS, ZENITH INSURANCE COMPANY

This case involves a lien claimant's petition for removal after a WCJ ordered the defendant to provide only medical reports the defendant intended to rely on. The Appeals Board granted removal, ordering the defendant to produce all medical reports in its possession, as required by regulation. The Board also struck a portion of the WCJ's order regarding proof of interpreter market rates, finding the issue was not properly before the WCJ. Finally, the Board found no evidence of bias by the WCJ and returned the case for further proceedings.

Workers' Compensation Appeals BoardRemovalLien ClaimantMedical ReportsWCJBiasInterpreter FeesMarket RateQualified InterpreterCertified Interpreter
References
16
Case No. ADJ8343059
Regular
Dec 20, 2017

CRISTINA ESTRADA-RAMIREZ vs. FULLBLOOM BAKING COMPANY, FIRST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior decision awarding applicant $79\%$ permanent disability for injuries sustained to her back, neck, and shoulder. The defendant sought reconsideration, arguing the permanent disability rating was unsupported and contradicted by applicant's trial behavior. However, the Board found the trial transcript did not demonstrate inconsistencies with the medical evidence or unduly restrict the defendant's questioning. Therefore, the defendant's petition for reconsideration was denied, upholding the original award.

WCABReconsiderationFindings and AwardPermanent DisabilityMedical TreatmentTreating PhysicianQualified Medical EvaluatorActivities of Daily LivingRange of MotionTrial Transcript
References
0
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