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

Case No. ADJ1527853 (WCK 0005092)
Regular
Dec 05, 2013

JEFF MILLMAN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) affirmed a prior ruling that it lacks jurisdiction over a contract dispute between Contra Costa County and its excess insurer, General Reinsurance Corporation (GRC). The dispute concerns whether GRC must reimburse the County for certain bill review expenses under their excess policy. The Board determined this is a contract issue between insurer and insured, not a workers' compensation insurance coverage dispute subject to mandatory arbitration under Labor Code section 5275. The parties may pursue remedies like declaratory relief in civil court.

Workers' Compensation Appeals BoardReconsiderationJurisdictionContract DisputeExcess InsuranceSelf-Insured EmployerInsurance CoverageArbitrationLabor CodeInsurance Code
References
5
Case No. ADJ9126926
Regular
May 09, 2014

TERESA GREGORY vs. CONTRA COSTA COUNTY

Defendant Contra Costa County petitioned for removal to compel a UR physician's testimony regarding a disputed knee injection. The WCJ had ordered the physician to appear for live testimony over defendant's objection. However, at the scheduled hearing, the WCJ removed the case from the calendar, stating the knee injection had already occurred and no pending issues remained. Consequently, the petition for removal was dismissed as moot because the UR physician's testimony was no longer necessary.

Petition for RemovalUtilization ReviewExpedited HearingLive TestimonyWCJMOOTDismissedWorkers' Compensation Appeals BoardRescind OrderGood Cause
References
0
Case No. ADJ8307297
Regular
Sep 13, 2013

DAVID BROWN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) granted the applicant David Brown's petition for reconsideration of a prior decision concerning his case against Contra Costa County. The WCAB found that reconsideration was necessary to thoroughly review the factual and legal issues involved. The Board will conduct further proceedings and issue a Decision After Reconsideration. All future communications regarding this case must be filed in writing directly with the WCAB Commissioners, not with any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management Systemstatutory time constraintsfactual and legal issuesjust and reasoned decisionOffice of the CommissionersOakland District OfficeContra Costa County
References
0
Case No. ADJ8283950
Regular
Oct 23, 2013

Leticia Espinoza vs. County of Contra Costa

This case concerns the date of injury for a cumulative trauma claim, specifically applicant Leticia Espinoza's claim against the County of Contra Costa. The defendant argued the date of injury was in 2008, limiting temporary disability benefits. However, the Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that two days of missed work in 2008 did not constitute "compensable" temporary disability due to the statutory waiting period and lack of medical substantiation or proven wage loss. Furthermore, evidence did not establish permanent disability in 2008, as work restrictions were temporary and the applicant was later released to full duty.

Labor Code section 5412date of injurycumulative injurytemporary disabilitypermanent disabilitycompensable temporary disabilitywaiting periodwage losspermanent and stationarymodified duty
References
1
Case No. ADJ1582101
Regular
Jun 16, 2011

MARITHA DE WERK vs. COUNTY OF CONTRA COSTA

The County of Contra Costa petitioned for reconsideration of an award of total permanent disability for Maritha De Werk, arguing for apportionment to non-industrial factors and between separate injuries. The parties subsequently notified the Board of a tentative settlement agreement. To allow for settlement approval and potential further proceedings, the Appeals Board granted reconsideration. The matter is being held in abeyance pending settlement finalization.

Workers' Compensation Appeals BoardMaritha De WerkCounty of Contra CostaPermissibly Self-InsuredADJ1582101WCJ 0059766Opinion and Order Granting ReconsiderationNew and further disabilitySpecific injuryCumulative trauma injury
References
0
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
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