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

Case No. ADJ10729290 ADJ10729295
Regular
Jul 14, 2017

CAROLYN PATTON vs. VCA ANTECH, INC., HARTFORD ACCIDENTAL AND INDEMNITY COMPANY

The Applicant, Carolyn Patton, filed workers' compensation claims against VCA Antech, Inc. The Defendant sought to remove venue from Van Nuys to Oakland, alleging prejudice from appearing in Van Nuys. The Workers' Compensation Judge (WCJ) subsequently granted the change of venue to Oakland. As the requested relief of venue transfer was granted and a status conference was held, the Board dismissed the Defendant's Petition for Removal.

Petition for RemovalVenue TransferVan Nuys District OfficeOaklandWCJ OrderStatus ConferenceDismissed PetitionIrreparable HarmPrejudiceWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision

Patton v. Thomson Corp.

Laura Patton (plaintiff) initiated a collective action against The Thomson Corporation (defendant) under the Fair Labor Standards Act (FLSA) for alleged unpaid overtime. Patton contended that Thomson improperly classified Client Service Managers (CSMs) as exempt from overtime provisions. She moved to compel Thomson to provide contact details for potential class members and to circulate a notice of pendency. Thomson contested the magistrate judge's authority and the merits. The court determined it had authority, deeming the motion a non-dispositive discovery matter. Finding Patton made a sufficient factual showing that CSMs were similarly situated due to common job duties and pay policies, the court granted the motion, ordering Thomson to disclose contact information for 'Go System-CSM' employees from the past three years by April 19, 2005, and for both parties to submit a joint proposed notice by the same date.

FLSAWage and Hour DisputeCollective ActionOvertime CompensationEmployee MisclassificationNotice of PendencyDiscovery ScopeMagistrate Judge JurisdictionSimilarly Situated EmployeesOpt-in Class Action
References
12
Case No. 2019 NY Slip Op 08436
Regular Panel Decision
Nov 20, 2019

Sanders v. Sanders-Morrow

Steven Sanders, the plaintiff, appealed an order granting summary judgment to the defendants Carolyn Sanders-Morrow, William Morrow, and Dolores Morrow in a personal injury action. Sanders sustained injuries from a ladder fall while removing gutters from a property owned by Carolyn and Dolores, and occupied by William. The Appellate Division, Second Department, affirmed the lower court's decision, which dismissed the plaintiff's claims under Labor Law §§ 200, 240(1), 241(6), and common-law negligence. The court found that Carolyn and Dolores were entitled to the homeowner's exemption under Labor Law §§ 240(1) and 241(6) as the property was a one-family dwelling and they did not direct or control the work. William, though not an owner, was also not liable as a contractor or agent due to lack of supervisory control. Furthermore, all defendants were exempt from liability under Labor Law § 200 and common-law negligence as the injuries stemmed from the manner of work, not a dangerous premises condition, and they lacked supervisory authority over the plaintiff's work.

Summary JudgmentLabor LawHomeowner's ExemptionPersonal InjuryLadder FallWorker SafetyNegligenceSupervisory ControlAppellate ReviewReal Property
References
21
Case No. MISSING
Regular Panel Decision

In re Marcy RR.

This case involves appeals from two Family Court orders concerning the neglect and custody of seven children of respondent Carolyn SS. and respondent Richard RR. The neglect finding against Carolyn SS. was based on her drug use and failure to attend counseling, leading to her incarceration and a required rehabilitation program. Family Court granted joint custody to the mother and maternal grandfather, Jap SS., with physical placement to the grandfather in Georgia, while placing the mother under DSS supervision. The Law Guardian appealed, arguing against the disposition under Family Ct Act article 6 instead of article 10, primarily due to concerns about retained jurisdiction and services. The Appellate Court affirmed the Family Court's decision, finding that the court crafted the best possible outcome by avoiding delays and separation of the children inherent in an out-of-state article 10 placement, while mitigating lost advantages through other provisions.

Child NeglectChild CustodyInterstate Compact on the Placement of ChildrenFamily Court Act Article 10Family Court Act Article 6Parental RightsJudicial DiscretionFoster Care PlacementOut-of-state PlacementLaw Guardian Appeal
References
1
Case No. AD J8716290, ADJ9711169
Regular
Apr 06, 2016

CAROLYN WILSON vs. COUNTY OF ALAMEDA, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCAB adopted the WCJ's report, finding that reconsideration would be an adequate remedy if the matter proceeds to a final decision. The underlying issue involves an applicant's statutory right to appeal an Independent Medical Review decision, a matter appropriate for an evidentiary hearing.

Petition for RemovalIndependent Medical ReviewLabor Code Section 4610.6Utilization ReviewSubstantial PrejudiceIrreparable HarmEvidentiary HearingWorkers' Compensation Appeals BoardWCJ ReportJurisdiction
References
3
Case No. ADJ7174740, ADJ7174737
Regular
Jun 21, 2012

CAROLYN BLACKLEDGE vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal concerning cases ADJ7174740 and ADJ7174737. The administrative law judge confirmed that the disputes between Carolyn Blackledge and the Los Angeles County Office of Education had been resolved through approved Stipulated Awards. Consequently, the Petition for Removal became moot. The Board formally dismissed the petition as a result of the settlement.

Petition for RemovalStipulated AwardsMoot PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJADJ7174740ADJ7174737Los Angeles County Office of Education
References
0
Case No. ADJ8211340 (MF), ADJ1594154 (LBO 0389043), ADJ562819 (LBO 0391438)
Regular
Sep 14, 2018

CAROLYN DAVIS vs. LONG BEACH TRANSIT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award to applicant Carolyn Davis concerning cumulative and specific injuries sustained as a bus driver. Applicant contended the WCJ erred in apportioning permanent disability. The parties subsequently entered a partial compromise and release agreement, where applicant released all claims except future medical treatment for $49,743.25, after credits and attorney fees. The WCAB approved the settlement as adequate and in applicant's best interest, modifying the prior award to reflect only the ongoing liability for further medical treatment.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardAdministrative Law JudgeLumbar SpinePsyche InjuryCumulative PeriodPermanent Partial DisabilityApportionmentFurther Medical Treatment
References
0
Case No. ADJ3438054
Regular
Jul 08, 2013

CAROLYN WILLIAMS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves Carolyn Williams' petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) found Williams incurred an industrial injury resulting in 57% permanent disability, calculated using the 2005 Permanent Disability Rating Schedule (PDRS). Williams argued she rebutted the PDRS's diminished future earning capacity (DFEC) adjustment with vocational expert testimony. However, the Appeals Board denied reconsideration, finding her expert's report less persuasive than the defendant's, as it focused on labor market access rather than DFEC and relied on inaccurate assumptions.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleDiminished Future Earning CapacityOgilvie v. City and County of San FranciscoAgreed Medical ExaminerVocational ExpertRebuttalSubstantial EvidenceFindings Award and OrderPetition for Reconsideration
References
4
Case No. ADJ9787224, ADJ10307321
Regular
Jul 02, 2019

CAROLYN LANGLEY vs. 101 CASINO, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior award of permanent and total disability for Carolyn Langley against 101 Casino. The Board found the PQME's opinion substantial evidence supporting a combined award for two distinct industrial injuries because the physician could not reasonably apportion permanent disability between them. This conclusion aligns with case law allowing combined awards in limited circumstances where apportionment is medically speculative. The Board also found the WCJ correctly applied apportionment for a prior specific injury to the current cumulative trauma award.

Workers' Compensation Appeals BoardCarolyn Langley101 CasinoMitsui Sumitomo Marine ManagementADJ9787224ADJ10307321ReconsiderationJoint Findings and AwardCasino Card DealerIndustrial Injury
References
7
Case No. MISSING
Regular Panel Decision

Hall v. Colvin

Plaintiff Aaron Hall sought judicial review of a final decision by the Commissioner of Social Security, Carolyn W. Colvin, which denied his application for disability insurance benefits. Plaintiff argued that the Administrative Law Judge's decision lacked substantial evidence and applied erroneous legal standards. The Court reviewed cross-motions for judgment on the pleadings. The Commissioner's motion was denied, and the Plaintiff's motion was partially granted. The case was remanded for further administrative proceedings due to the ALJ's failure to properly weigh the opinions of treating and consultative physicians and an unsupported credibility analysis of the plaintiff's symptoms.

Disability BenefitsSocial Security ActAdministrative Law JudgeMedical EvidenceResidual Functional CapacityTreating Physician RuleCredibility AssessmentVocational ExpertRemandLumbar Radiculopathy
References
24
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