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Case Law Database

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

Case No. FRE 0200624
Regular
Sep 04, 2007

Amber Osborn vs. Community Medical Centers, Tristar Risk Management

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by California Pharmacy Management because it appealed a non-final order, warning of potential sanctions. Conversely, the Board granted reconsideration for PSPM Ripu Arora, M.D., rescinding the dismissal of its lien claim and remanding the matter for further proceedings. This decision addresses two separate lien claimant challenges to administrative law judge orders.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsDismissalNotice of IntentionMandatory Settlement ConferenceFinal OrderSanctionsRescindReturn to Trial Level
References
0
Case No. ADJ2842535
Regular
May 27, 2011

JANE HUTZELL vs. UNIVERSITY OF CALIFORNIA at BERKELEY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration by applicant Jane Hutzell against the University of California at Berkeley. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that vocational experts' opinions did not adequately address the impact of medical apportionment or the specifics of part-time work availability on the overall industrial disability rating. Therefore, the judge's rating, based on established schedules, was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationVocational ExpertsLumbar Spine ConditionCumulative TraumaNon-Industrial FactorsObesityApportionmentBilateral Carpal Tunnel SyndromeBilateral Cubital Tunnel Syndrome
References
0
Case No. ADJ7902535
Regular
Dec 02, 2013

MARIA SANCHEZ vs. TARGET CORPORATION

In this workers' compensation case, the Appeals Board denied California Imaging Solutions' petition for reconsideration. The Board also dismissed AR Med Management's petition for reconsideration on behalf of Dr. Saghafi and Spectrum Medical Supply because it was not timely filed. Even if timely, the AR Med Management petition would have been denied on its merits. The Board adopted the findings of the administrative law judge in both instances.

Workers' Compensation Appeals BoardPetition for ReconsiderationAR Med ManagementCalifornia Imaging SolutionsWCJ Reporttimely-filedmeritsSpectrum Medical SupplyDr. SaghafiTarget Corporation
References
0
Case No. ADJ134197 (AHM 0127159)
Regular
Aug 27, 2012

JOSEPHINE MIRANO vs. A&B MALIBU PLUMBING, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a WCJ's decision disallowing medical treatment liens for applicant Josephine Mirano. The WCAB affirmed the disallowance of liens for California Pharmacy Management and Long Beach Prescription Pharmacy, finding their treatment was not reasonable and necessary. However, the WCAB amended the order to defer the issue of Dr. Ainbinder's lien, remanding it to the WCJ for further proceedings and a new decision due to unclear consideration of evidence regarding his primary treating physician status and treatment necessity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien claimantsReasonable and necessary treatmentPrimary treating physicianIndustrial injuryLumbar spine injuryAgreed Medical EvaluatorCompromise and Release
References
5
Case No. ADJ680519 (VNO 0523537)
Regular
Oct 03, 2008

BENJAMIN MARTINEZ vs. SPRINGER TERMITE & PEST, INC., CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, INC.

The Appeals Board granted reconsideration for lien claimants California Pharmacy Management and Long Beach Prescription Pharmacy, rescinding the administrative law judge's disallowance of their liens. The Board found that while lien claimants bear the burden of proving licensure, they were not afforded a full and fair opportunity to do so when the judge raised the issue for the first time at trial. The case is remanded to the trial level for further proceedings and a decision after the record regarding licensure is fully developed.

Lien claimantsOffer of proofLicensureAccreditationPharmaceuticalsRepackaged drugsDue processReconsiderationRescindedTrial level
References
12
Case No. ADJ4153143, ADJ1964837 and ADJ1933860
Regular
Nov 05, 2010

JACK L. MARCUM vs. OUTSOURCE MANAGEMENT, INC. dba THE MANAGEMENT CONNECTION, SUPERIOR NATIONAL INSURANCE CO., now liquidation, administered by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, KLEEGE INDUSTRIES, INC. dba HANDS-ON EVENT LABOR SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained shoulder injuries in 1999 and 2000, with a compensation judge awarding 4% permanent disability. The California Insurance Guarantee Association (CIGA) is appealing a decision holding it liable, arguing the applicant was not employed by a company insured by Legion Insurance (now handled by CIGA) but rather by Kleege Industries, insured by SCIF. CIGA contended there was a general/special employment relationship and that SCIF's policy should cover the applicant. The Appeals Board granted reconsideration, affirmed the previous awards, and corrected a clerical error to accurately reflect Legion Insurance as the insurer for Outsource Management, Inc. during the relevant period.

California Insurance Guarantee AssociationLegion Insurance CompanyOutsource Management Inc.The Management ConnectionKleege Industries Inc.Hands-On Event Labor ServicesState Compensation Insurance Fundcumulative traumaright shoulder injurypermanent disability
References
1
Case No. MISSING
Regular Panel Decision

Lamarr-Arruz v. CVS Pharmacy, Inc.

This case involves claims of a hostile work environment and retaliation brought by Zaire Lamarr-Arruz and Mominna Ansoralli against CVS Pharmacy, Inc. Plaintiffs allege racial profiling of customers and a barrage of racial slurs by supervisors and managers, violating 42 U.S.C. §1981, NYSHRL, and NYCHRL. Lamarr-Arruz also filed a retaliation claim, alleging delayed return from medical leave and termination due to his complaints. CVS sought summary judgment, denying the allegations and arguing the lack of supervisory responsibility for some alleged harassers and the availability of their anti-harassment policy. The court denied CVS's motions for summary judgment, finding genuine disputes of material fact regarding the existence of a hostile work environment for Ansoralli, the imputation of hostile conduct to CVS, and Lamarr-Arruz's retaliation claim, including the pretextual nature of his termination reasons.

Hostile Work EnvironmentRacial DiscriminationRetaliationSummary JudgmentEmployment LawCivil Rights Act of 1991New York Human Rights LawNew York City Human Rights LawEmployer LiabilitySupervisory Liability
References
60
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. ADJ10452586
Regular
Sep 24, 2018

CONSTANTINO MARTINEZ vs. BLUEWATER GRILL, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT, INC.

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied reconsideration of a decision finding injury AOE/COE. The Board affirmed the Administrative Law Judge's reliance on the Agreed Medical Evaluator's (AME) opinion, finding no persuasive reason to deviate. Defendants' arguments that the AME's opinion was based on an inadequate history or was conclusory were rejected. The Board also refused to consider a neurologic report procured after trial, as discovery had closed.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorWCJ reportsubstantial medical evidencePetition for RemovalPetition for Change VenueApplication for Adjudication of ClaimFindings and AwardInjury AOE/COE
References
4
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
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