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

Case No. ADJ7917429
Regular
Mar 10, 2014

ROBERTO SALAZAR vs. WTS INTERNATIONAL, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a dispute over defendant's credit for Employment Development Department (EDD) payments against the applicant's permanent disability award. Initially, the WCJ granted the defendant credit for the entire period EDD paid benefits. Upon reconsideration, the Appeals Board clarified that the defendant is only entitled to credit for EDD payments made from January 2, 2012, to May 10, 2012, as these were effectively permanent disability advances. The Board rescinded the original award and amended the findings to reflect this adjusted credit.

Petition for ReconsiderationStipulated AwardPermanent DisabilityTemporary DisabilityCredit for PaymentsEmployment Development DepartmentEDDState Disability InsuranceSDIReimbursement
References
1
Case No. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. ADJ1626199 (SAC 0323236)
Regular
Aug 03, 2009

Steven Williams vs. Earthlink, Inc., Federal Insurance Company, CHUBB SERVICES CORPORATION

This case concerns a dispute over reimbursement for Employment Development Department (EDD) benefits paid to the applicant, Steven Williams. The Workers' Compensation Appeals Board previously ruled that Earthlink, Inc. was entitled to credit for the full EDD lien amount, reversing an earlier Administrative Law Judge decision that ordered additional payment. The Board affirmed its prior decision, finding no error in allowing credit for the EDD payments. Both parties' requests for sanctions against each other were denied.

WCABReconsiderationFindings and AwardEmployment Development DepartmentEDD LienLabor Code §4903.2Cumulative TraumaTemporary Total DisabilityIndemnityCredit
References
0
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
0
Case No. ADJ8597275
Regular
Nov 24, 2014

LAKESHA GULLEY vs. PEOPLE'S CARE, INC., COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves an applicant who sustained a left knee injury during their employment. The original award found the applicant entitled to temporary disability benefits and ordered credit for EDD payments and payments made by the defendant. The defendant sought reconsideration, arguing the award failed to credit their temporary disability payments. The Appeals Board granted reconsideration, rescinded the original award, and substituted new findings affirming the injury and temporary disability rate. The matter was returned to the trial level for further proceedings on all other deferred issues.

WCABPetition for ReconsiderationFindings Award and Orderindustrial injuryleft kneeinstructor/coachtemporary disabilityEmployment Development Department (EDD)credit for paymentsReport and Recommendation
References
0
Case No. ADJ7190373
Regular
Dec 30, 2011

BILLIE SOTO vs. DOLLAR TREE STORES, INC., CHARTIS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address newly discovered evidence regarding additional EDD disability payments made to the applicant after the trial. Defendant Dollar Tree Stores, Inc. learned that the applicant began receiving EDD benefits on the trial date, May 11, 2011, and continuing thereafter. The Board rescinded the prior award and returned the case to the trial level to incorporate these payments, EDD's lien, and potential overpayment and credit issues into a comprehensive final decision. This ensures applicant receives correct benefits and avoids bifurcation of issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and AwardIndustrial InjuryAssistant ManagerPermanent Stationary DateApportionmentFuture Medical TreatmentNewly Discovered EvidenceEmployment Development Department (EDD)
References
0
Case No. ADJ6604427, ADJ8192308
Regular
Jul 31, 2014

CHERRICE MORRIS-GAINES vs. AC TRANSIT, SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, the applicant initially stipulated to a lower average weekly wage, which the Board found to be a final determination that could not be revisited due to lack of good cause and the five-year statute of limitations. The Board affirmed the employer's credit for payments made to the Employment Development Department (EDD) to prevent double recovery. Furthermore, the Board found no unreasonable delay by the employer in payments to EDD, thus denying the applicant's penalty claim. Finally, the Board rescinded the order requiring the applicant's attorney to repay fees voluntarily paid by EDD, as such repayment was not mandated by law.

Workers' Compensation Appeals BoardAC TransitSedgwick Claims Management ServicesADJ6604427ADJ8192308bus drivercumulative traumatemporary disability indemnityLabor Code section 4656(c)(2)mandatory settlement conference
References
6
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. ADJ9349646
Regular
Jul 05, 2016

JONATHAN BASSETT vs. CITY OF VISALIA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because it was unclear and unenforceable. The Board found the Administrative Law Judge erred by issuing an award with unspecified credits for payments to EDD and the applicant, and by not clearly defining defendant's liability. The case is returned to the trial level to clarify the exact amounts due, resolve the EDD lien, determine attorney's fees, and clearly outline the defendant's credit for indemnity already paid. The Board affirmed the ALJ's analysis on all other respects.

Workers' Compensation Appeals BoardReserve Police OfficerTemporary Partial DisabilityTemporary Total DisabilityPetition for ReconsiderationCredit for IndemnityWage LossInsurance PremiumsLabor Code Section 4458.2Maximum Temporary Disability Rate
References
1
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