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

Case No. CV-23-2310
Regular Panel Decision
Jan 30, 2025

In the Matter of the Claim of Debra Clifton

Claimant Debra S. Clifton sought a late payment penalty for a workers' compensation settlement and requested counsel fees for her efforts in securing this penalty. A Workers' Compensation Law Judge (WCLJ) imposed a penalty but denied the request for counsel fees, citing an amendment to Workers' Compensation Law § 24. The Workers' Compensation Board (Board) subsequently modified the penalty amount to $12,083.13 but upheld the denial of counsel fees. On appeal, the Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, citing its precedent in *Matter of Gonzalez v Northeast Parent & Child Socy.* The core issue revolved around the compensability of counsel fees for late payment penalties under the amended Workers' Compensation Law § 24.

Counsel FeesLate Payment PenaltyWorkers' Compensation Law § 24Workers' Compensation Law § 32Permanent Partial DisabilitySettlement AgreementAppellate DivisionStatutory InterpretationAttorney FeesWorkers' Compensation Board Decision
References
3
Case No. CA 12-00504
Regular Panel Decision
Feb 01, 2013

MILLER, DEBRA J. v. SAVARINO CONSTRUCTION CORPORATION

Plaintiff Debra J. Miller commenced a personal injury and wrongful death action after her decedent suffered a fatal heart attack at a building allegedly owned by defendant 26 Mississippi Street LLC, undergoing renovation. Defendant Savarino Construction Corporation was the construction manager. The decedent suffered a heart attack after ascending five flights of stairs to attach a temporary heat cannon. The Supreme Court granted defendants' motion for summary judgment, dismissing the complaint. The Appellate Division affirmed, finding that 26 Mississippi did not own the building at the relevant times and Savarino Construction had no control over the work or premises. The court also dismissed the Labor Law § 241 (6) cause of action due to plaintiff's failure to allege a violation of a qualifying Industrial Code provision.

Personal InjuryWrongful DeathSummary JudgmentAppellate ReviewConstruction Site SafetyLabor Law 200Labor Law 241(6)Premises LiabilityOwner LiabilityContractor Liability
References
20
Case No. MISSING
Regular Panel Decision

Bertelle v. New York City Transit Authority

Plaintiffs John Bertelle and Debra Bertelle appealed a judgment from the Supreme Court, Kings County, dated March 22, 2004. The judgment was in favor of the defendants on the issue of liability, dismissing the complaint against John Bertelle. The appeal by Debra Bertelle was dismissed on the grounds that she was not aggrieved by the judgment. The appellate court affirmed the judgment, finding that the jury's verdict was not against the weight of the evidence, as testimony supported the conclusion that John Bertelle was not standing on an inadequate safety device. Additionally, the trial court's decision to conduct a bifurcated trial was deemed a proper exercise of discretion because the plaintiff's injuries did not have a bearing on the issue of liability.

Personal InjuryAppellate ReviewJury Verdict AffirmationWeight of EvidenceBifurcated TrialPremises LiabilityPlaintiff AppealDefendant VictoryCredibility AssessmentProcedural Ruling
References
9
Case No. MISSING
Regular Panel Decision

Valder v. Barnhart

This case involves Debra A. Valder, who sought Social Security Disability Insurance and Supplemental Security Income benefits due to Charcot Marie Tooth Disease. After her applications were denied by an Administrative Law Judge and the Appeals Council, she challenged the Commissioner of Social Security's final decision in District Court. Plaintiff argued that the ALJ erred in evaluating her disability under Listing 11.14, discounting her treating physicians' opinions, and assessing her credibility. The District Court, presided over by Judge Larimer, affirmed the Commissioner's decision, concluding that the ALJ applied correct legal principles and that the findings were supported by substantial evidence, particularly regarding Valder's residual functional capacity for sedentary work.

Disability BenefitsSocial Security ActCharcot Marie Tooth DiseasePeripheral NeuropathySedentary WorkResidual Functional CapacityTreating Physician RuleCredibility AssessmentAdministrative Law JudgeAppeals Council
References
33
Case No. ADJ4119034 (OAK 0324958)
Regular
Jun 17, 2014

DEBRA DA RE vs. COBLEY, CORAL, DDS, KOUROSH HARANDI, DDS; ZENITH INSURANCE CO.

This case concerns a defendant's petition for reconsideration of a workers' compensation award of permanent total disability. The defendant argued that the award was improperly based on medical opinions including non-physical impairments. The Workers' Compensation Appeals Board adopted the judge's report, which found the Agreed Medical Evaluator's opinions supported the finding of permanent total disability based solely on the admitted physical injuries. Consequently, the petition for reconsideration was denied.

WCABPetition for ReconsiderationDeniedCumulative InjuryDental HygienistPermanently Totally DisabledAgreed Medical EvaluatorAMA GuidesVocational ConsultantsUnreasonable Delay
References
2
Case No. ADJ1016521
Regular
May 09, 2012

DEBRA KENNEDY vs. KAISER FOUNDATION HEALTH PLAN

This Workers' Compensation Appeals Board case involves applicant Debra Kennedy and defendant Kaiser Foundation Health Plan. The Board issued an Order dismissing the Petition for Reconsideration filed by the petitioner. This dismissal is due to the petitioner's voluntary withdrawal of their reconsideration request. Therefore, the Board has officially dismissed the petition concerning the March 7, 2012 decision.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardKaiser Foundation Health PlanApplicantDefendantCase NumberOrderDecision
References
0
Case No. MISSING
Regular Panel Decision

Sloan v. Colvin

Plaintiff Debra Ann Sloan appealed the denial of her Supplemental Security Income (SSI) benefits by the Commissioner of Social Security. She alleged disability due to various physical and mental impairments, including rheumatoid arthritis, fibromyalgia, depression, and anxiety. The Administrative Law Judge (ALJ) had found her not disabled, a decision later affirmed by the Appeals Council. Judge Wolford reviewed the ALJ's residual functional capacity (RFC) assessment and credibility determination, ultimately finding them supported by substantial evidence. Consequently, the court denied Sloan's motion for judgment on the pleadings and granted the Commissioner's motion, dismissing the plaintiff's complaint with prejudice.

Social SecuritySupplemental Security Income (SSI)Disability BenefitsAdministrative Law JudgeResidual Functional CapacityCredibility DeterminationVocational Expert TestimonyRheumatoid ArthritisFibromyalgiaDepression
References
34
Case No. ADJ8956611
Regular
Mar 28, 2017

DEBRA ALLEN vs. WIS INTERNATIONAL, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied Debra Allen's Petition for Removal against WIS International and Zurich North America. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration would not be an adequate remedy. The Board found that Allen failed to demonstrate these conditions were met, adopting the WCJ's reasoning for the denial. Therefore, the petition was denied, and the case will proceed through normal channels.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJ ReportADJ8956611WIS InternationalZurich North America
References
2
Case No. ADJ20165742
Regular
Jul 18, 2025

DEBRA SILVEIRA vs. FEDEX GROUND PACKAGE SYSTEM, INCORPORATED

Applicant Debra Silveira sought reconsideration of an April 29, 2025 Findings of Fact and Order, which deemed a Qualified Medical Evaluator (QME) panel valid despite being requested by defendant FedEx Ground Package System, Incorporated, with an incorrect claim number. The Appeals Board granted the petition, rescinded the prior decision, and substituted new findings. The Board ruled that strict compliance with Administrative Director Rule 30 regarding complete and correct claim numbers for QME panel requests is required to ensure due process and prevent conflicting or overlapping panels. Consequently, the defendant's panel (7773036) was deemed invalid, and the applicant's panel (7775940) was declared valid.

QME panel validityincorrect claim numberAD Rule 30due processadministrative law judgePetition for Reconsiderationremoval standardDWC Medical Unitprocedural defectinadvertent error
References
11
Case No. SJO 182505 SJO 182506
Regular
Mar 10, 2008

DEBRA TULLBANE vs. HOME EXPRESS, CALIFORNIA GUARANTEE INSURANCE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to further develop the medical record regarding the apportionment of applicant Debra Tullbane's permanent disability. The Board found the Agreed Medical Evaluator's apportionment opinion to be conclusory and lacking the detailed explanation required by statute and case law for substantial evidence. Therefore, the case was returned to the Workers' Compensation Judge for further proceedings and a new decision on apportionment.

Wilkinson ruleBenson v. The Permanente Medical Groupapportionmentsubstantial medical evidencecausationdegenerative diseaseAMEWCJLabor Code § 4663industrial injury
References
11
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