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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Cleveland v. Apfel

The case involves Richard Cleveland, a 54-year-old man, appealing the Commissioner of Social Security's denial of Supplemental Security Income (SSI) benefits based on disability due to back pain and hypertension. The Administrative Law Judge (ALJ) initially denied benefits, a decision affirmed by the Appeals Council. The District Court reviewed the Commissioner's decision, focusing on the ALJ's treatment of the treating physician's rule and the development of the record. The court found that the ALJ failed to adequately develop the record by not seeking additional information from the treating physician, Dr. Small, whose opinion of disability lacked objective clinical findings. Consequently, the court reversed the Commissioner's decision and remanded the case for further proceedings to obtain a more complete report from Dr. Small.

Social Security DisabilitySupplemental Security Income (SSI)Disability Benefits AppealTreating Physician RuleAdministrative Law Judge (ALJ)Record DevelopmentMedical EvidenceChronic Back PainHypertensionResidual Functional Capacity
References
21
Case No. MISSING
Regular Panel Decision

Cleveland Wrecking Co. v. Iron Workers Local Union 40

Cleveland Wrecking Company, the plaintiff, initiated an action seeking to stay arbitration and obtain a declaratory judgment against Iron Workers Local Union 40 and related entities ("the Union"). The core dispute revolved around whether Cleveland had validly terminated a collective bargaining agreement (CBA) in 1991, thereby negating its obligation to arbitrate a subsequent claim for monetary damages from the Union related to a 1994 project. The Union counter-claimed, asserting that both the question of CBA termination and whether the claim constituted a non-arbitrable "jurisdictional dispute" required interpretation of the CBA's broad arbitration clause. The Court, applying the strong federal presumption in favor of arbitrability for broad clauses, determined that interpreting the CBA's termination provisions and the definition of a "jurisdictional dispute" were matters explicitly delegated to the arbitrator. Consequently, the Court denied Cleveland's motion to stay arbitration and granted the Union's cross-motion, compelling arbitration of all outstanding issues.

ArbitrationCollective Bargaining AgreementContract TerminationJurisdictional DisputeLabor LawFederal CourtDeclaratory JudgmentStay ArbitrationCompel ArbitrationUnion Rights
References
11
Case No. 2023 NY Slip Op 03095 [217 AD3d 1346]
Regular Panel Decision
Jun 09, 2023

People v. Cleveland

Defendant appealed a judgment convicting him of kidnapping and robbery. The Appellate Division, Fourth Department, reviewed several contentions, including the denial of substitution of counsel, the victim's in-court identification, and the legal sufficiency of the evidence. The court found no error in the County Court's rulings regarding counsel substitution and the victim's identification. It also concluded that the evidence, including DNA, fingerprint, and cell phone data, was legally sufficient to establish defendant's identity. While rejecting defendant's ineffective assistance of counsel claims, the court exercised its discretion to modify the sentence, directing all sentences to run concurrently, deeming the original consecutive sentences unduly harsh.

Kidnapping Second DegreeRobbery First DegreeRobbery Second DegreeAppellate Division Fourth DepartmentJury Verdict ReviewSubstitution of CounselIn-Court IdentificationLegal Sufficiency of EvidenceDNA EvidenceFingerprint Evidence
References
33
Case No. ADJ7841279 ADJ8227669
Regular
Mar 28, 2016

Cleveland Rayford vs. National Gypsum Company, Ace American Insurance

This order grants the Applicant's petition for reconsideration of the January 12, 2016 decision. The Workers' Compensation Appeals Board requires further review of the factual and legal issues to ensure a just and reasoned decision. All future filings related to this petition must be submitted directly to the Appeals Board Commissioners in San Francisco, not district offices or e-filed. The WCJ cannot act on settlements while reconsideration is pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationNational Gypsum CompanyACE American InsuranceCleveland RayfordADJ7841279ADJ8227669Oakland District OfficeStatutory time constraints
References
0
Case No. ADJ7198621
Regular
Jan 18, 2012

Sultan McCullough vs. Cleveland Browns, et al.

The Workers' Compensation Appeals Board (WCAB) dismissed the Cleveland Browns' petition for reconsideration as untimely. The Browns failed to file their petition within the 25-day deadline applicable to their California-based attorneys after the initial award was issued on December 19, 2011. Although the petition was untimely, the WCAB indicated that it would have been denied on the merits as well. The WCAB found sufficient evidence to establish subject matter jurisdiction, concluding that applicant Sultan McCullough likely signed his contract in California, his home address.

Workers' Compensation Appeals BoardPetition for ReconsiderationSubject Matter JurisdictionContract of HireTimelinessLabor CodeCalifornia Code of RegulationsProof of ServiceAdministrative Law JudgeFindings and Award
References
4
Case No. ADJ8022272
Regular
Jan 17, 2014

DICK AMBROSE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns Dick Ambrose's workers' compensation claim against the Baltimore Ravens/Cleveland Browns. The Administrative Law Judge (ALJ) found that California's workers' compensation jurisdiction was exempt under Labor Code Section 3600.5(b) because the applicant was only temporarily in California and the employer provided coverage under Ohio law. The Appeals Board affirmed the ALJ's decision, largely adopting the ALJ's reasoning regarding the admissibility of evidence and the application of Section 3600.5(b). Commissioner Sweeney dissented, arguing that the applicant's routine work in California over a decade made his presence more than temporary, and also raised concerns about Ohio's reciprocal protections and the employer's self-insurance compliance.

Labor Code Section 3600.5(b)exemption from California jurisdictiontemporary presenceextraterritorial provisionsOhio Revised Codeself-insurancemandatory settlement conferencecumulative injuryprofessional football playeradministrative law judge
References
12
Case No. ADJ6696775, ADJ7402305
Regular
Apr 27, 2012

ANDRICK COREY JACKSON vs. DENVER BRONCOS AND CLEVELAND BROWNS

The Workers' Compensation Appeals Board granted reconsideration of a February 13, 2012 Findings and Award at the request of defendant Cleveland Browns. This action was taken due to statutory time constraints and a preliminary review indicating a need for further study of factual and legal issues. The Board seeks a complete understanding of the record to issue a just decision. Pending a Decision After Reconsideration, all filings must be submitted in writing to the WCAB Commissioners' office, not to district offices or through e-filing.

ADJ6696775ADJ7402305WORKERS' COMPENSATION APPEALS BOARDANDRICK COREY JACKSONDENVER BRONCOSCLEVELAND BROWNSPermissibly Self-InsuredOPINION AND ORDER GRANTING RECONSIDERATIONPetition for ReconsiderationFindings and Award
References
0
Case No. ADJ9519790
Regular
Sep 10, 2019

MARK CARREON vs. CLEVELAND INDIANS, SAN FRANCISCO GIANTS

This case concerns the Cleveland Indians' petition for reconsideration, arguing that California workers' compensation jurisdiction is barred under Labor Code Section 3600.5(d) due to the applicant's last year of employment with the Jackson Diamond Cats. The Board affirmed the original award, finding the Indians failed to meet their burden of proving the exemption. The applicant's employment with the Diamond Cats was not established as "professional athlete" employment under the statute, nor was it proven that the Diamond Cats qualified for exemption under Section 3600.5(c) as the applicant did not work in California for that team. Furthermore, the Indians failed to identify or prove any other law exempting the Diamond Cats from California jurisdiction.

Labor Code 3600.5WCAB jurisdictionprofessional athlete exemptioncumulative trauma injuryMark CarreonCleveland IndiansSan Francisco GiantsCIGAGallagher BassettJackson Diamond Cats
References
0
Case No. ADJ1360622 (ANA 0407664)
Regular
Jul 22, 2013

LUCIUS SANFORD vs. BALTIMORE RAVENS\/CLEVELAND BROWNS, BUFFALO BILLS

This case concerns an applicant's workers' compensation claim against the Cleveland Browns for injuries sustained as a professional football player. The Appeals Board, reconsidering a prior award, determined that the Browns and the applicant were exempt from California workers' compensation jurisdiction under Labor Code section 3600.5(b). This exemption applies when an employee is hired outside of California, temporarily works within the state, and the employer provides coverage under another state's laws that reciprocally exempts such arrangements. Consequently, the prior award was rescinded, and the Browns were dismissed as a defendant, with the case returned for further proceedings.

WCABADJ1360622Lucius SanfordBaltimore RavensCleveland BrownsBuffalo BillsLabor Code Section 3600.5(b)Findings And AwardWCJpermanent disability
References
1
Case No. ADJ589625 (ANA 0373659)
Regular
Oct 28, 2008

Lonnie Shelton vs. CALVALIERS HOLDINGS COMPANY, LLC, DBA CLEVELAND CAVALIERS, OHIO BUREAU OF WORKERS COMPENSATION

The Workers' Compensation Appeals Board granted reconsideration to remove the Ohio Bureau of Workers' Compensation (OBWC) as a defendant. The Board found that OBWC, as an Ohio state agency, is not authorized to write workers' compensation insurance in California and therefore cannot be held liable for awards made in California. The employer, Cleveland Cavaliers, was found to have failed to secure proper compensation insurance under California law.

Workers' Compensation Appeals BoardCalvaliers Holdings CompanyOhio Bureau of Workers' CompensationCumulative trauma injuryProfessional basketball playerPersonal jurisdictionLabor Code section 3700Out-of-state insurerInsufficient minimum contactsDue process
References
4
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