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

Case No. ADJ3595876 (MON 0335747)
Regular
Apr 28, 2011

DELIA NICOLAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured Adjusted by SEDGWICK CMAS

The Workers' Compensation Appeals Board (WCAB) denied Delia Nicolas's petition for reconsideration in the case against the Los Angeles Unified School District. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Additionally, the petitioner was admonished for failing to comply with font size requirements for her filing. The petition for reconsideration was formally denied by the WCAB.

Workers' Compensation Appeals BoardDELIA NICOLASLOS ANGELES UNIFIED SCHOOL DISTRICTSEDGWICK CMASADJ3595876ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJRule 10232(a)(5)
References
0
Case No. MISSING
Regular Panel Decision

Claim of Di Nicola v. Crucible Steel, Inc.

Claimant Samuel Di Nicola became disabled from obstructive pulmonary disease, an occupational disease, as a result of his 11-year employment by the self-insured employer, Crucible Steel. He worked in conditions with poor ventilation and significant dust, leading to respiratory complaints that began in 1971. Medical experts, Dr. Enders and Dr. Sipple, diagnosed chronic obstructive pulmonary disease aggravated by industrial exposure, while Dr. Miller, initially skeptical, conceded a possible work-related link. The employer appealed the Workers’ Compensation Board's finding of occupational disease and continuing disability, arguing it was contrary to case law. The court affirmed the board's decision, finding its classification consistent with prior rulings and supported by substantial medical evidence that the work environment aggravated claimant's pre-existing bronchitis and asthma.

Occupational DiseasePulmonary DiseaseChronic Obstructive Pulmonary DiseaseIndustrial ExposureDust ExposureBronchitisAsthmaWorkers' CompensationMedical EvidenceDisability
References
8
Case No. MISSING
Regular Panel Decision
Oct 29, 1998

Lovario v. Vuotto

The plaintiffs appealed an order from the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment, dismissing the complaint. The action, seeking damages for personal injuries, was deemed barred by Workers’ Compensation Law § 29 (6). The appellate court affirmed the order, concluding that an employee injured during employment cannot sue the property owner if that owner is also an officer and 100% shareholder of the corporate employer, as was the case with defendant Nicola Vuotto and Oceanside Steel and Supply, Inc.

Personal InjuryWorkers' CompensationSummary JudgmentEmployer ImmunityCorporate OfficerShareholderPremises LiabilityExclusive RemedyAppellate AffirmationNew York Law
References
1
Case No. ADJ7986894
Regular
Oct 03, 2016

Nicolas Gomez vs. Wedemeyer Bakery, Illinois Midwest Springfield

Applicant Nicolas Gomez petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition because they need more time to thoroughly review the factual and legal issues. This allows for a more complete understanding of the record and ensures a just decision. All future filings related to this reconsideration petition must be submitted directly to the Appeals Board Commissioners in San Francisco, not district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJTrial Level Documents
References
0
Case No. ADJ6937463
Regular
Jan 16, 2015

DELIA MELENDEZ vs. VICTOR VALLEY COMMUNITY COLLEGE DISTRICT, PIPS

The Workers' Compensation Appeals Board (WCAB) reconsidered two decisions regarding applicant Delia Melendez's claims against Victor Valley Community College District. The WCAB rescinded the Findings and Order in Case No. ADJ6937463 to correctly identify the cumulative injury period and injured body parts, finding applicant sustained industrial injury to her psyche from January 5, 2009, through July 20, 2009. However, the WCAB affirmed the WCJ's determination that this psychiatric injury claim is barred by Labor Code section 3208.3(h) because it was substantially caused by a lawful, good-faith personnel action. Consequently, the WCAB affirmed the WCJ's denial of benefits for all alleged injuries in both cases.

AOE/COEpsychiatric injurycumulative traumaLabor Code section 3208.3(h)personnel actionreconsiderationrescindedaffirmedmedical treatmenttemporary disability
References
0
Case No. ADJ550396 (GRO 0034040)
Regular
Jan 11, 2012

DELIA FREGOSO vs. UNITED AG SERVICES, BERKSHIRE HATHAWAY SAN FRANCISCO

This case involved Delia Fregoso's claim for workers' compensation benefits stemming from a tractor accident. Fregoso petitioned for reconsideration of a 56% permanent disability award, arguing pain medication rendered her totally disabled and that the original decision selectively used evidence. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found Fregoso lacked credibility regarding her daily activities and medication side effects. The judge determined the applicant's personal testimony was inconsistent with medical evidence and expert opinions, thus rejecting the claim of total disability.

WCABPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.Order Denying ReconsiderationLaborerTractor accidentLumbar spinePelvisHernia
References
1
Case No. ADJ8157719
Regular

NICOLAS MERCADO vs. CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY

In this workers' compensation case, Nicolas Mercado filed a Petition for Removal. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the Board denied the petition, adopting the judge's reasoning.

Petition for RemovalWorkers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationULLICO Casualty CompanyliquidationPatriot Risk Servicesadministrative law judgeADJ8157719denial of removalBerman More & Gonzalez
References
0
Case No. 2015 NY Slip Op 03039 [127 AD3d 454]
Regular Panel Decision
Apr 09, 2015

Guaman v. 1963 Ryer Realty Corp.

The Appellate Division, First Department, modified an order of the Supreme Court, Bronx County, concerning a Labor Law § 240 (1) claim. Plaintiff Nicolas Guaman was injured after falling from a scaffold due to improper rope handling and lack of a guardrail. The Appellate Division affirmed the grant of partial summary judgment to the plaintiff on the Labor Law § 240 (1) claim, finding sufficient evidence of a safety device failure and rejecting defendants' sole proximate cause defense due to lack of admissible evidence. The court also modified the lower court's decision by granting A Saad Contracting, Inc.'s cross motion for common-law indemnification against AP Tek Construction Inc. and AP Tek Restoration (AP), concluding that AP was actively at fault and other defendants lacked supervision. Furthermore, AP was found to be collaterally estopped from re-litigating its employer status due to a prior Workers' Compensation Board decision.

Labor Law § 240(1)Scaffold FallSummary Judgment MotionCommon-Law IndemnificationCollateral EstoppelWorkers' Compensation Board DecisionAppellate ReviewConstruction Site SafetyThird-Party LitigationProximate Cause
References
8
Case No. ADJ4418174 (SJO 0261909)
Regular
Nov 05, 2015

DELIA SALAZAR vs. TARGET CORPORATION, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied the Applicant's Petition for Removal in this case. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm that cannot be remedied by reconsideration. The WCAB found that the Applicant failed to demonstrate such harm, adopting the WCJ's reasoning. The Board recommended scheduling a conference to determine how best to develop the record and discuss settlement disclosures.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeSubstantial PrejudiceIrreparable HarmReconsiderationDevelop the RecordAgreed Medical ExaminerSection 5701Settlement Discussions
References
2
Case No. ADJ3086148 (AHM 0123696) ADJ749570 (AHM 0123697)
Regular
Mar 19, 2009

NICOLAE FILIP vs. EXIDE TECHNOLOGIES, ZURICH AMERICAN INSURANCE

Applicant sought reconsideration of a prior decision that denied claims of serious and willful misconduct and discrimination under Labor Code sections 4553 and 132a. The applicant alleged the employer wrongfully assigned dangerous tasks and retaliated for reporting health concerns. The Workers' Compensation Appeals Board reviewed the arguments and the existing record, incorporating their previous reasoning. Ultimately, the Board denied the applicant's petition for reconsideration, upholding the prior decision that the employer did not violate the cited Labor Code sections.

Workers' Compensation Appeals BoardExide TechnologiesZurich American InsuranceNicolae FilipLabor Code section 4553Labor Code section 132aserious and willful misconductdiscriminationindustrial injuryneck injury
References
1
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