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

Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. MISSING
Regular Panel Decision

New York Typographical Union No. 6 v. AA Job Printing

The case concerns a petition by New York Typographical Union No. 6 to confirm arbitration awards against employers AA Job Printing Corp. and The Jewish Press, Inc., for violations of a collective bargaining agreement. The employers cross-moved for summary judgment to dismiss the petition, arguing the awards were not final and that a pending National Labor Relations Board (NLRB) matter preempted the action. The court noted the employers' procedural defaults but favored a decision on the merits. District Judge ROBERT L. CARTER ruled that the arbitration awards were final and definite, and the federal court's jurisdiction under Section 301 of the Labor Management Relations Act was independent of the NLRB's jurisdiction. The court also dismissed the employers' unsupported claim of sexual discrimination. Consequently, the court granted summary judgment in favor of the Union, confirming the arbitration awards, and denied the employers' cross-motion.

Arbitration Award ConfirmationCollective Bargaining AgreementLabor Management Relations ActSection 301 LMRASummary JudgmentFederal Court JurisdictionNLRB PreemptionDefault JudgmentProcedural RulesEmployer-Union Dispute
References
7
Case No. ADJ7412203
Regular
Jul 15, 2011

RIGOBERTO GARCIA vs. COLE RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant's industrial injury was caused by a "sudden and extraordinary" event, thereby exempting it from the six-month employment rule for psychiatric injuries under Labor Code section 3208.3(d). The Board corrected a clerical error in the citation of the relevant statute. While the defendant argued the event was an inherent risk of the job, the applicant's uncontradicted testimony provided the only evidence suggesting it was not routine. A dissenting opinion argued that a simple fall from a ladder, without more, should not qualify as extraordinary, especially given the short employment duration and lack of evidence for truly unusual circumstances.

Workers' Compensation Appeals BoardRigoberto GarciaCole RanchState Compensation Insurance FundADJ7412203Opinion and Order Denying Petition for ReconsiderationCorrecting Clerical ErrorFindings and Ordersavocado pickerhigh tree worker
References
10
Case No. MISSING
Regular Panel Decision

In re the Claim of Jolly

The claimant, who lost a job with the City of New York under nondisqualifying conditions, subsequently took a lower-paying sales and clerical position. Upon discovering the newly enacted Special Unemployment Assistance Program, which retroactively covered municipal employees, she voluntarily quit her clerical job solely to collect unemployment insurance benefits. The Unemployment Insurance Appeal Board reversed a referee's decision and disqualified the claimant. The court affirmed the Board's decision, holding that unemployment insurance is intended for involuntary unemployment due to economic conditions beyond an employee's control, not for individuals who voluntarily leave employment without good cause to collect benefits.

unemployment insurancevoluntary quitgood causeSpecial Unemployment Assistance Programbenefits denialretroactive coverageappellate decisioneligibility
References
0
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
1
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
1
Case No. ADJ236966 (MON 0309477)
Regular
Jan 27, 2015

HERMELINDA CLARA vs. DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP

This case involves a clerical error in a Workers' Compensation Appeals Board decision. The Board is issuing an interim order to correct the service date of its Opinion and Order Granting Petition for Reconsideration from December 6, 2015, to January 6, 2015. The error was identified as a simple clerical mistake. The matter remains pending before the Commissioners of the WCAB.

Workers' Compensation Appeals BoardInterim OrderClerical ErrorPetition for ReconsiderationDate of ServiceSupplemental ProceedingsOffice of the CommissionersAmendedRonnie G. CaplaneFrank M. Brass
References
1
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
Case No. ADJ11091707
Regular
Apr 09, 2018

LEILANI MOLINA vs. MSLA/UNITED HEALTHCARE SERVICES, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by SEDGWICK

This Workers' Compensation Appeals Board case, ADJ11091707, involves a clerical error in the original decision. The Board's February 16, 2017 decision mistakenly listed the service date as February 16, 2017, when it should have been February 16, 2018. The Board corrected this clerical error, citing its authority to do so at any time without further proceedings. No other changes were made to the original February 16, 2018 Opinion.

Clerical errorDate of serviceCorrecting errorOpinion and OrderAppeals BoardWorkers' CompensationToccalino v. Workers' Comp. Appeals Bd.Supplemental ProceedingsPetition for RemovalAmended date
References
2
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
1
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