DARLENE FIESTE-RENDON, DARLENE FIESTE vs. DEPARTMENT FO CORRECTIONS, STATE COMPENSATION INSURANCE FUND
Petition for Reconsideration of the decision issued on November 12, 2009, has been withdrawn by the petitioner. Therefore, it will be dismissed.
Updated Daily
Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
Petition for Reconsideration of the decision issued on November 12, 2009, has been withdrawn by the petitioner. Therefore, it will be dismissed.
The plaintiff, Vicente Rendon, sustained injuries after a garage roof he was repairing on premises owned by the defendant, Anna Callaghan, collapsed. Rendon filed a personal injury lawsuit, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted summary judgment to Callaghan, ruling that she did not supervise the work and was protected by the homeowners' exemption under Labor Law §§ 240 (1) and 241 (6). The Appellate Division, Second Department, affirmed this decision, concluding that Callaghan had no notice of any structural defect for the Labor Law § 200 claim. The court further held that the homeowners' exemption applied because the garage served a residential purpose as an 'extension of the dwelling,' despite being on a separate lot, and Callaghan did not direct or control the plaintiff's work.
The Family Court of Onondaga County adjudicated Darlene T. a neglected child due to the mother's unsafe conduct, including leaving the child unattended and entertaining male companions overnight. Following a dispositional hearing, the court remanded the child to the mother's custody under supervision and conditions. The petitioner appealed, arguing that the Family Court erred by not making an express finding regarding the child's best interests or the mother's fitness. The appellate court found the Family Court's order equivocal regarding the mother's fitness and erred in excluding testimony about the mother's post-petition conduct, which was relevant to her fitness. The order was reversed, and the matter remitted for further proceedings to include additional evidence and findings on the child's best interests.
This case concerns a Petition for Reconsideration filed by a lien claimant, BTF, seeking commutation of a worker's compensation award into a lump sum. The Appeals Board denied the petition, upholding the WCJ's decision that there was no legal basis for commutation. Specifically, the Board found that the conditions for commutation under Labor Code §5100, such as avoiding inequity or hardship to the applicant, were not met. While the applicant expressed a desire for payments to resume to address debts, her actions and objections indicated she did not seek commutation for her own best interest.
The Workers' Compensation Appeals Board denied Veronica Rendon's petition for reconsideration. The Board adopted and incorporated the administrative law judge's report, which found Rendon not to be a credible witness. This finding was based on numerous inconsistencies in her testimony regarding the alleged work injury and its reporting. Consequently, the Board upheld the judge's decision that Rendon failed to prove her injury arose out of and occurred in the course of employment.
The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, deferring the issue of insurance coverage for Darlene Hall's 1976 back injury to mandatory arbitration as required by Labor Code section 5275(a)(1). The Board rescinded the dismissal of CNA Insurance as a party defendant, pending the arbitration outcome. All other issues raised by the defendant were affirmed based on the Judge's prior findings.
The Workers' Compensation Appeals Board denied Darlene Rowe's petition for reconsideration, upholding the WCJ's finding that she did not sustain industrial injury to her back, knee, or upper extremities. The Board found that Applicant's counsel misunderstood the burden of proof and the medical dispute resolution procedures. Specifically, the Board noted that Dr. Green's reports were the sole medical evidence, and even if insufficient, it meant Applicant failed to meet her burden. Furthermore, the Board clarified the proper procedures for initiating evaluations under Labor Code sections 4060 and 4062, placing the onus on Applicant's counsel to ensure necessary evaluations were conducted by the Agreed Medical Evaluator.
This case concerns Darlene Ferrona's entitlement to 24/7 home health care following a psyche and fibromyalgia injury. The defendant, Warner Brothers, sought reconsideration of an order granting these services, arguing that utilization review only authorized limited care and that new prescriptions were required per Labor Code section 4600(h). The Appeals Board denied reconsideration, affirming that the applicant's prior authorization of 24/7 home health care by treating physicians and subsequent stipulation established ongoing need. The Board clarified that while a prescription date is crucial for liability, a new prescription is not always necessary to continue approved, ongoing home health care if the applicant's condition has not changed, citing the precedent of *Patterson v. The Oaks Farm*.
Edward Daniels, injured at work, received workers' compensation benefits. He and his wife, Darlene Daniels, sued his employer, St. Johnsbury Trucking Company, Inc., and its parent company, Sun Company, Inc., for personal injuries and wrongful discharge. The Supreme Court denied the defendants' motion for summary judgment. On appeal, the order was reversed; the court ruled that Daniels' acceptance of workers' compensation was his exclusive remedy, precluding further negligence claims against his employer. Additionally, the wrongful discharge claim was dismissed due to the at-will employment doctrine and the mandatory arbitration clause in the collective bargaining agreement. The derivative claim for loss of consortium by Darlene Daniels also failed.
This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule applies to an applicant's foot injuries sustained while employed by the County of Fresno. The defendant sought reconsideration of the WCJ's decision to apply the 1997 Schedule, arguing a pre-2005 medical report did not establish permanent disability. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for a new decision using the 2005 Schedule.
Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.