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

Case No. ADJ7516212
Regular
Feb 07, 2020

MARIO CALDERON vs. STARWOOD WORLDWIDE, AMERICA, HOTELS INC.;, AND ZURICH NORTH DEPARTMENTS., DEPARTMENTS.

This case involves Mario Calderon, who sought reconsideration of a Workers' Compensation Appeals Board award for a cumulative trauma injury. Calderon argued for 100% permanent disability, claiming medication dependence prevented him from competing in the labor market, and cited vocational evidence for total disability. The Board affirmed the original award of 43% permanent disability, relying on the WCJ's report and clarifying that permanent total disability findings must follow Labor Code section 4660 and AMA Guides, not Labor Code section 4662(b). Consequently, Calderon's petition for reconsideration was denied.

Cumulative traumaLumbar spineRadiculopathyBilateral lower extremitiesCervical spinePsychePermanent disabilityApportionmentNarcotic medicationsLabor market competition
References
2
Case No. ADJ9056626
Regular
Apr 16, 2014

MARIA CALDERON, MARIA DELMI CALDERON vs. DANIEL TARVER, SUTTER INSURANCE COMPANY

This case involves Maria Calderon's workers' compensation claim for an injury sustained as a housekeeper. The applicant alleged a head injury when a glass table shattered, causing her to slip and fall on a patio. The defendant sought reconsideration, arguing the evidence did not support the finding of injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's credibility determination and finding of injury AOE/COE. The Board gave great weight to the ALJ's finding that the applicant was a credible witness despite minor discrepancies in the record.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeAOE/COECredibility FindingPetition DenialEmployer NegligenceMedical TreatmentHoly Cross Medical CenterOliveview Medical Center
References
4
Case No. MISSING
Regular Panel Decision
Oct 18, 2012

Calderon v. King Umberto, Inc.

The plaintiffs, Jose Oscar Calderon and Pedro Lopez, former employees of King Umberto, Inc., and its owners, filed a motion for conditional authorization of a collective action under the Fair Labor Standards Act (FLSA) for alleged unpaid overtime and minimum wage violations. Defendants opposed, arguing lack of commonality among potential class members and preclusion by a prior lawsuit initiated by the Secretary of Labor. The court found that plaintiffs met the 'modest factual showing' for conditional certification, allowing the collective action to proceed. While claims prior to March 27, 2010, were deemed barred by the Secretary of Labor's previous action, claims for the period from March 27, 2010, through December 22, 2011, were permitted. The court granted a three-year notice period and approved the proposed Notice of Collective Action, subject to modifications regarding the option for separate counsel and disclosure of the prior Department of Labor action.

FLSA Collective ActionWage and Hour DisputeUnpaid OvertimeMinimum Wage ViolationConditional CertificationFair Labor Standards ActEmployee Class ActionNotice of PendencyStatute of LimitationsWillful Violations
References
27
Case No. ADJ2213557 (VNO 0558201)
Regular
Jul 11, 2013

DAISY CALDERON vs. SCI @ DIVERSIFIED TRANSPORT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Calderon v. SCI @ Diversified Transport; Zurich North America. The WCAB rescinded the prior decision of the Workers' Compensation Judge (WCJ). This matter is returned to the trial level for further proceedings and a new decision by the WCJ. The current order is not a final decision on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelOpinion and OrderDiversified TransportZurich North America
References
0
Case No. ADJ7811518 ADJ8871987
Regular
May 13, 2016

MARIA CALDERON vs. RETIREMENT HOUSING FOUNDATION, AMERICAN CASUALTY COMPANY

This case involves a petition for reconsideration filed by the applicant, Maria Calderon, regarding a previous decision. The Workers' Compensation Appeals Board has granted this petition to allow for a more thorough review of the factual and legal issues. This reconsideration is necessary to ensure a just and reasoned decision after further study and potential proceedings. All future correspondence related to the petition must be filed directly with the Appeals Board Commissioners, not with any district office.

CalderonRetirement Housing FoundationAmerican Casualty CompanyADJ7811518ADJ8871987Petition for ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
0
Case No. ADJ9560186
Regular
Nov 03, 2015

ROSA OLIVIA CALDERON GRIJALVA vs. NOVA MANAGEMENT, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a petition for removal filed by the applicant, Rosa Olivia Calderon Grijalva, concerning a decision issued on August 28, 2015. The applicant has withdrawn this petition for removal. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. This dismissal is effective as of November 3, 2015.

Petition for RemovalDismissalWithdrawnWorkers' Compensation Appeals BoardNOVA MANAGEMENTINC.TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ9560186Bakersfield District OfficeApplicant
References
0
Case No. SAC 360745
Regular
Apr 29, 2008

MISAEL CALDERON vs. GROCERY OUTLET, INC., ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Misael Calderon's petition for reconsideration of a decision finding no industrial injury to his left ankle, knee, or back. The Board found the applicant failed to prove the injury occurred as alleged, noting inconsistencies in his account and lack of contemporaneous medical documentation. One Board member dissented, arguing the evidence, including medical reports and the applicant's testimony, supported an industrial injury, and that the WCJ should have allowed further evidence development.

Workers' Compensation Appeals BoardMisael CalderonGrocery OutletInc.Zurich Insurance CompanyGallagher Bassett ServicesInc.petition for reconsiderationindustrial injuryleft ankle
References
1
Case No. MISSING
Regular Panel Decision

Metro-North Commuter Railroad v. New York State Executive Department Division of Human Rights

Metro-North Commuter Railroad Company (petitioner) initiated a CPLR article 78 proceeding to challenge a determination by the New York State Division of Human Rights (respondent). The Division of Human Rights had previously adopted an Administrative Law Judge's decision to reinstate Louis Calderon (another respondent), who was dismissed by Metro-North after assaulting a coworker, and awarded him back pay and damages. Metro-North's termination of Calderon had been upheld by the Special Board of Adjustment. The court found that the ALJ erred in not being bound by the prior arbitration's conclusive finding of Calderon's violent conduct, violating the doctrines of res judicata and collateral estoppel. Consequently, the court annulled the Division's determination, granted Metro-North's petition, and vacated the awards.

CPLR Article 78Executive LawNew York State Division of Human RightsAdministrative Law JudgeRailway Labor ActRes JudicataCollateral EstoppelEmployment TerminationWorkplace AssaultRacial Discrimination Claim
References
4
Case No. MISSING
Regular Panel Decision
Nov 22, 2006

Altinma v. East 72nd Garage Corp.

Lafortune Altinma died in a man-lift accident. His estate, represented by the plaintiff, sued several parties including Ace Overhead Garage Door, Inc. (repairer), Charles Calderone Associates, Inc. (inspector), and East 72nd Garage Corp. (licensee). The Supreme Court's denial of summary judgment for Ace and Calderone was reversed on appeal, as neither owed a duty of care to the decedent. The Supreme Court's grant of summary judgment to East 72nd Garage Corp. was affirmed, as the action was barred by Workers' Compensation Law § 11 due to a special employment relationship. Additionally, the dismissal of the second third-party complaint against Humphrey Man-Lift Corp. (manufacturer) was affirmed due to a lack of evidence of a defective product.

Wrongful DeathSummary JudgmentDuty of CareNegligencePremises LiabilityMan-Lift AccidentWorkers' Compensation LawSpecial EmploymentProduct LiabilityThird-Party Action
References
12
Case No. MISSING
Regular Panel Decision
Feb 26, 2009

Calderon v. Walgreen Co.

This appeal concerns a personal injury action where the plaintiff was injured when a scaffold he was dismantling tipped backward, causing a fall. The Supreme Court granted the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and denied parts of the defendants' cross-motion for summary judgment. The appellate court affirmed the decision, holding that the plaintiff established a violation of Labor Law § 240 (1) and proximate causation, and that contributory negligence is not a defense under this section. Additionally, the court found triable issues of fact concerning the Labor Law § 241 (6) claim, which was based on violations of 12 NYCRR 23-5.1 (b) and 23-5.3 (g).

Personal InjuryScaffold AccidentLabor Law ClaimSummary JudgmentProximate CauseContributory NegligenceAppellate ReviewWorkplace SafetyElevation-related HazardsConstruction Accident
References
10
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