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

Case No. ADJ 10100799
Regular
Apr 26, 2016

DEBORAH HARGRAVE vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board order dismisses Deborah Hargrave's Petition for Removal against Mount Diablo Unified School District. The petitioner withdrew their request for removal. Consequently, the Board has ordered the dismissal of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ 10100799Mount Diablo Unified School DistrictDeborah HargraveOrderFebruary 22016
References
0
Case No. 535782
Regular Panel Decision
Mar 21, 2024

In the Matter of the Claim of Deborah Talarico

Claimant, a caseworker, sustained injuries after slipping on ice and was initially paid temporary total disability benefits, which were later changed to temporary partial disability. The employer issued a subpoena for the claimant's medical provider's deposition, which Supreme Court quashed, citing Workers' Compensation Law § 142. A WCLJ established the claim and the parties stipulated to findings. The Board, on its own motion, affirmed the WCLJ's decision and included an interpretation of subpoena regulations. The employer appealed the Board's decision. The Appellate Division dismissed the appeal, finding the employer was not aggrieved, as the discussion on subpoenas was advisory and the employer had stipulated to the WCLJ's findings, obviating the need for the deposition.

Workers' CompensationAppellate ProcedureAggrievementSubpoenaMedical ProviderJurisdictionStipulationDisability BenefitsSlipping AccidentWorkplace Injury
References
2
Case No. ADJ498505 (SFO 0420916) ADJ6979901
Regular
Feb 27, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO

This case concerns applicant Deborah Rollins' petition to reconsider the denial of her request to set aside a Compromise and Release (C&R) agreement. The WCAB denied reconsideration, upholding the original decision that the C&R, including a broad general release of claims, was valid and could not be set aside. Applicant argued the general release was boilerplate, she was unaware of its scope, and she was incompetent due to her medical condition. The Board found the general release enforceable based on the applicant's signature and her attorney's testimony that it was explained. The Board also found insufficient evidence of incompetency or grounds for unilateral mistake to invalidate the agreement.

Compromise and ReleaseGeneral ReleaseSet Aside AgreementLabor Code section 5803IncompetencyUnilateral Mistake of FactBoilerplate LanguagePetition for ReconsiderationOrder Approving Compromise and ReleaseGood Cause
References
2
Case No. FRE 232878
Regular
Dec 26, 2007

DEBORAH FRENCH vs. CITY OF CORCORAN, AIMS

The Workers' Compensation Appeals Board denied Deborah French's petition for reconsideration, upholding the administrative law judge's decision. The applicant's claim of discriminatory reclassification following a workplace injury was found to be without merit, as the employer demonstrated business necessity and provided modified work. The board gave great weight to the judge's credibility findings, which indicated the applicant did not effectively challenge her reclassification or actively seek to return to her previous duties.

Workers' Compensation Appeals BoardLabor Code section 132(a)Petition for ReconsiderationWCJAOE/COEAgreed Medical ExaminerBusiness necessityPolice officerDispatcherModified work
References
5
Case No. ADJ7961830
Regular
Oct 18, 2011

DEBORAH PEREZ vs. CRC ROOFING AND CHARTIS

This case involves applicant Deborah Perez's petition to disqualify Workers' Compensation Judge George R. Ferris. Applicant's attorney alleged bias stemming from an incident on September 1, 2011, claiming the judge harbored enmity that would prejudice his clients. Judge Ferris reported that the incident would not influence his decisions, which would be based solely on evidence presented. The Appeals Board adopted the judge's report, found no reason to doubt his impartiality, and denied the petition for disqualification.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesReport and Recommendationapplicant's attorneyevidence
References
0
Case No. ADJ12896538
Regular
Sep 16, 2022

DEBORAH GROSS vs. THE BOEING COMPANY, SEDGWICK

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Deborah Gross's Petition for Reconsideration, upholding the finding that her claim was barred by the statute of limitations. The WCJ found Gross failed to provide evidence or arguments demonstrating why the statute of limitations should not apply to her cumulative trauma claim filed over eight years after the alleged injury. Gross's submitted exhibits and cited case law were found to be either irrelevant, factually distinguishable, or unsupported by the record. The WCAB adopted the WCJ's report and incorporated it into their decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedStatute of LimitationsPro PerCumulative InjuryDate of InjuryAlleged InjuriesMedical TreatmentCase Law
References
4
Case No. ADJ1088185 (SAC 0369416)
Regular
May 25, 2012

DEBORAH COIL vs. CITY OF RANCHO CORDOVA

The Workers' Compensation Appeals Board (WCAB) dismissed Deborah Coil's petition for reconsideration because the WCJ's order was procedural, not a final determination of substantive rights. The WCAB reasoned that Coil's contentions about the PQME's familiarity with the AMA Guides were misplaced as those guides are not relevant to psychiatric impairment ratings. Therefore, the WCAB denied removal and dismissed the petition, allowing the PQME another opportunity to re-evaluate the applicant without her husband present. A concurring and dissenting opinion argued for removal, citing the PQME's repeated inability to produce substantial medical evidence.

Panel Qualified Medical EvaluatorPQMEPetition for ReconsiderationRemovalLabor Code Section 5900Labor Code Section 5310Final OrderSubstantial Medical EvidenceAMA GuidesAlmaraz/Guzman
References
7
Case No. MISSING
Regular Panel Decision

Clemente v. Blumenberg

In this case, plaintiff Deborah Clemente, injured in a rear-end collision, alleged a herniated disk, supported by her treating neurologist and MRI. Defendant Ernest J. Blumenberg sought to introduce a biomedical engineer, M. Kenneth Salzer, as an expert to argue the low-impact collision could not cause such injuries. The court conducted a Frye hearing to assess the engineer's methodology, which relied on repair costs and photographs to calculate vehicle velocity change. Finding this methodology unscientific, untested, and not generally accepted, the court precluded Salzer's testimony. The judge emphasized the gatekeeping role to exclude unreliable scientific and technical evidence under both Frye and Daubert/Kumho standards, noting the engineer lacked medical qualifications for injury causation opinions.

Expert TestimonyBiomedical EngineeringBiomechanicsFrye HearingDaubert StandardKumho Tire StandardAdmissibility of EvidenceScientific EvidenceLow-Impact CollisionPersonal Injury
References
10
Case No. MISSING
Regular Panel Decision

HARGRAVE, GARRETT v. LECHASE CONSTRUCTION SERVICES, LLC

This dissenting opinion pertains to a personal injury claim under Labor Law §§ 241(6) and 200, and common-law negligence. The dissenting judge argues that the plaintiffs raised a triable issue of fact concerning the defendant's supervisory control and authority over the work site where plaintiff Garrett Hargrave was injured. Evidence cited includes a coworker's affidavit detailing defendant's representatives' inspections, instructions, and authority to stop unsafe work, and the presence of another contractor. The dissent contends that the Supreme Court erred in granting the defendant's motion for summary judgment on the Labor Law § 241 (6) claim but correctly denied it for the Labor Law § 200 and common-law negligence claims, advocating for a modification of the lower court's order.

Labor LawSupervisory ControlCommon-law NegligenceSummary JudgmentTriable Issue of FactWork Site SafetyDissenting OpinionAppellate DivisionConstruction Site AccidentPlaintiff's Employer
References
3
Case No. MISSING
Regular Panel Decision

Yuhas v. Provident Life & Casualty Insurance

Deborah Yuhas sued Provident Life and Casualty Insurance Company under ERISA for long-term disability benefits, claiming physical disability. Yuhas, a graphic designer, initially received benefits for a mental condition, which ceased after 24 months due to policy limitations. She subsequently appealed, claiming physical disabilities from a car accident, leading to a retroactive award of benefits for a specific period (October 1991 through May 1993) but no further benefits. Provident repeatedly denied her claim for benefits beyond May 1993, citing lack of objective physical disability and the expiration of appeal periods. Yuhas filed suit in September 2000, but the court granted Provident's motion for summary judgment, ruling that her claim was barred by the three-year statute of limitations, which had accrued by December 13, 1993, at the latest.

ERISALong Term Disability BenefitsSummary JudgmentStatute of LimitationsAccrual of Cause of ActionDisability Insurance PolicyMental DisorderPhysical InjuryAppeals ProcessRepudiation of Claim
References
13
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