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Case Law Database

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

Case No. ADJ7191263
Regular
Aug 17, 2010

CHRISTOPHER PAPPAS vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board denied the County of Santa Barbara's petition for reconsideration, upholding an award for surgical treatment in Germany for Christopher Pappas. The County argued the award was improper because the treating physician's request lacked the required authorization format. However, the Board found the County waived its right to object by not raising this issue earlier and presented no evidence that the surgery was not reasonably necessary. Therefore, the Board affirmed the administrative law judge's decision to grant the award.

Workers Compensation Appeals BoardChristopher PappasCounty of Santa BarbaraPetition for ReconsiderationFindings of Fact and Awardsurgical treatmenttreating physicianindustrial injurycumulative traumaspinal surgery
References
2
Case No. ADJ10826283
Regular
Mar 12, 2019

PETER HLINKA vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board affirmed a finding of fact that an inmate was an employee of the County of Santa Barbara for workers' compensation purposes. The inmate voluntarily applied for and accepted a work assignment in the jail, which was not a condition of his incarceration. He received consideration in the form of better housing, food, and mobility, and the County's own resolution authorizing inmate work was permissive rather than compulsory. The Board also admonished the defendant for improperly citing an unpublished case.

Inmate EmploymentWorkers CompensationCounty JailVoluntary WorkConsiderationControlPenal Code 4017Rowland v. County of SonomaPruitt v. Workers' Comp. Appeals Bd.Labor Code 3351
References
7
Case No. MISSING
Regular Panel Decision

Friel v. County of Nassau

The plaintiff, Barbara Friel, a female police officer, sued the County of Nassau and Nassau County Police Department, alleging gender discrimination and retaliation. Her claims were brought under Title VII, 42 U.S.C. §§ 1981 and 1983, the United States Constitution, the NYSHRL, and a breach of collective bargaining agreement. Friel alleged that a change in extradition policy, requiring detectives to be the same gender as detainees for certain transfers, disproportionately affected female detectives by reducing assignments and overtime. She also claimed retaliation for opposing the policy, citing a computer usage audit and denial of extradition requests. The court denied the defendants' motion to dismiss claims related to gender discrimination under § 1983 and Title VII, retaliation under § 1983, and breach of contract, but granted the motion to dismiss NYSHRL claims and the Title VII retaliation claim due to procedural issues.

Gender DiscriminationRetaliationTitle VIISection 1983Equal Protection ClauseFirst AmendmentCollective Bargaining AgreementMotion to DismissEmployment LawPolice Department
References
108
Case No. ADJ 3006646 (GOL 0101478) ADJ 4273750 (GOL 0101479)
Regular
Dec 23, 2010

YOLANDA ROMO RODRIGUEZ vs. COUNTY OF SANTA BARBARA

Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.

Labor Code section 132aDiscrimination9/80 work scheduleBusiness necessityReconsiderationPenaltiesFinding of FactIndustrial injuryLauher standardEligibility worker
References
2
Case No. ADJ1259001
Regular
Apr 08, 2014

Patricia Scharli vs. County of Santa Barbara, Corvel Corporation

The Workers' Compensation Appeals Board (WCAB) denied Patricia Scharli's Petition for Removal. The denial was based on the administrative law judge's report, which concluded that moving a mandatory settlement conference from Santa Barbara to Oxnard due to space limitations at the new Santa Barbara office was a mere inconvenience, not significant prejudice. The WCAB has statutory authority to determine hearing locations based on budgetary and space constraints, and can calendar hearings at different offices even without formally changing venue. The WCAB encourages the use of CourtCall for attorneys to mitigate travel difficulties for applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCalendaring AuthorityMedical Treatment Lien ConferenceCourtCallMandatory Settlement ConferenceExpedited Hearings
References
1
Case No. GRO 0033531
Regular
Dec 27, 2007

LETICIA GOMEZ vs. SANTA BARBARA COUNTY EDUCATION OFFICE, WORKERS' COMPENSATION ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to study the issues in applicant Leticia Gomez's case against the Santa Barbara County Education Office. The applicant has since advised the Board that the case is being settled by compromise and release. Consequently, the Board has rescinded its previous Findings, Award, and Orders and returned the matter to the trial level for review and approval of the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersCompromise and ReleaseRescindedReturned to Trial LevelWCJSelf-InsuredAdjusting AgencyOpinion and Decision
References
0
Case No. 09-CV-8140 (KMK)
Regular Panel Decision
Mar 31, 2011

In Re Dayton

Plaintiffs Michael Dayton and Barbara Nieves, individually and as guardian for their five infant children, brought action against the City of Middletown, its police officers, Orange County, and the Department of Social Services Orange County (DSS) alleging federal and state law violations. The claims stemmed from a November 2008 incident involving an alleged attack by a felon and subsequent police actions, followed by Family Court proceedings where neglect findings were entered against the parents. The court granted DSS's motion to dismiss with prejudice, finding it not a suable entity. Motions to dismiss the federal § 1983 Monell claims against Middletown and Orange County were granted without prejudice due to insufficient pleading of a municipal policy. State law claims against Orange County were dismissed without prejudice due to untimely notice of claim for adult plaintiffs, with infant claims requiring state court application. Claims arising from the Family Court's neglect finding and protective order were dismissed with prejudice under the Rooker-Feldman doctrine, but other allegations regarding Orange County's conduct during Family Court proceedings survived. The Middletown Officers' motion for summary judgment was denied without prejudice, citing insufficient factual inconsistencies for dismissal prior to discovery. Plaintiffs were given thirty days to file a Second Amended Complaint.

Civil Rights ViolationsFourth AmendmentEighth AmendmentFourteenth Amendment42 U.S.C. § 1983Motion to DismissSummary JudgmentRooker-Feldman doctrineMonell claimFailure to Train
References
98
Case No. ADJ7632437
Regular
Apr 20, 2015

MARIA GARCIA vs. HISTORIC SANTA MARIA INN, FIREMANS FUND INSURANCE COMPANY

In this workers' compensation case, the applicant sought to change venue from San Luis Obispo to Santa Barbara. The initial venue was based on her former attorney's location, but the applicant lives, worked, and was injured in Santa Barbara County, where her current attorney also practices. The Appeals Board granted removal, finding that the Santa Barbara "satellite office" functions as a full trial court office. Therefore, venue was changed to Santa Barbara, as statutory criteria for venue are met and substantial prejudice would result from maintaining the current location.

Petition for RemovalOrder Denying Change of VenueWorkers' Compensation Appeals BoardWCJVenueSan Luis ObispoSanta BarbaraSatellite OfficeLabor Code Section 5501.5Application for Adjudication of Claim
References
2
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. ADJ4295446 (GOL 0087464)
Regular
Mar 20, 2014

Virginia Landaw vs. Toyota of Santa Barbara, Public Service Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to have hearings held at the Santa Barbara district office rather than Oxnard. The WCAB found that the relocation was necessary due to insufficient space at the Santa Barbara facility, impacting lobby, hearing room, and parking availability. The Board reaffirmed its authority to calendar hearings at different offices based on available resources and cited the applicant's minimal increased travel as insufficient grounds for removal. The WCAB also highlighted the availability of CourtCall and the ongoing efforts to secure a more suitable Santa Barbara location.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingJudicial NoticeAdministrative Law Judge
References
12
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