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

Case No. ADJ1620559 (ANA 0373462)
Regular
Apr 26, 2011

Wayne Johnson vs. Tennant Company, Sentry Claims Service

The Workers' Compensation Appeals Board (WCAB) is ordering applicant's counsel, defense counsel, and the Workers' Compensation Judge (WCJ) to provide sworn declarations regarding an alleged ex parte communication. This communication apparently led the WCJ to vacate a prior submission order, citing the applicant's upcoming surgery and a utilization review denial resolution. The defendant seeks removal, claiming the WCJ improperly obtained this information. The WCAB is also ordering all future correspondence be directed to the Commissioners.

Petition for RemovalOrder Vacating SubmissionDecision after ReconsiderationFindings and AwardIndustrial InjurySpineRight Lower ExtremityPsycheTemporary DisabilityPermanent Disability
References
0
Case No. ADJ9393235
Regular
Jan 17, 2018

MARIA FLORES TORRES vs. AMERICAN BUILDING JANITORIAL, INC.

The Workers' Compensation Appeals Board rescinded a prior decision finding a medical lien invalid due to an issue with the declarant's competency. The Board found that the initial declaration under penalty of perjury, while conforming to statutory language, was deemed invalid by the trial judge solely because the declarant was not an employee of the lien claimant. However, the Board determined the record lacked sufficient evidence to establish the declarant's incompetence and that the defendant did not adequately demonstrate their efforts to present this witness at trial. Therefore, the case is remanded for further proceedings to address the admissibility of an amended declaration and to properly litigate the declarant's competency and its impact on the lien's validity.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONLIEN CLAIMANTLABOR CODE SECTION 4903.8DECLARATION UNDER PENALTY OF PERJURYSTATUTE OF LIMITATIONSADMINISTRATIVE LAW JUDGECOMPROMISE AND RELEASECOMPLIANCECOMPETENT TO TESTIFY
References
4
Case No. MISSING
Regular Panel Decision

Watch Hill Homeowners Ass'n v. Town Board

The Town Board of the Town of Greenburgh proposed constructing a 1,000,000-gallon water tank and, acting as lead agency under SEQRA, designated it a "Type I" action. Despite identifying "potential large impacts" on the environment, the Board issued a negative declaration of environmental significance. Petitioners initiated a CPLR article 78 proceeding, challenging the issuance of the negative declaration as arbitrary and capricious. The court found that the Town Board failed to provide a "reasoned elaboration" for its determination, especially regarding the project's aesthetic impacts, which it deemed insufficient to justify a negative declaration. Consequently, the court annulled the Town Board's determination, granted the petition, and declared Resolution No. 93-46 and all subsequent construction authorizations invalid.

Environmental ReviewSEQRANegative DeclarationCPLR Article 78Water Storage TankTown BoardGreenburghAesthetic ImpactEnvironmental AssessmentType I Action
References
11
Case No. MISSING
Regular Panel Decision

Town of Dickinson v. County of Broome

This case involves cross-appeals from a Supreme Court judgment in a CPLR article 78 proceeding. Petitioners challenged the Broome County Legislature's negative declaration of environmental impact for a proposed public safety facility, which included a 400-bed jail and other county offices in the Town of Dickinson, Broome County. The proposed complex was classified as a type I action under the State Environmental Quality Review Act (SEQRA), presumptively requiring an Environmental Impact Statement (EIS). The Supreme Court initially annulled the negative declaration but denied injunctive relief. This appellate court affirmed the annulment of the negative declaration and further directed respondents to investigate and discuss the storage of petroleum/chemical products and sewage treatment capacity within the required EIS, modifying the Supreme Court's judgment. The court also upheld the denial of petitioners' request for injunctive relief, noting that SEQRA mandates environmental review completion before any construction.

Environmental LawSEQRANegative DeclarationEnvironmental Impact StatementPublic Safety FacilityBroome CountyCPLR Article 78Cross AppealsAnnulmentInjunctive Relief
References
6
Case No. ADJ8182087
Regular
Jan 18, 2018

Darin Day vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board affirmed a prior decision allowing a medical lien by VQ Orthocare against the City of Los Angeles. The Board found VQ's lien was valid despite late filing of a required declaration, as the lien was filed before the relevant statute's effective date. Defendant's arguments regarding the timeliness and form of the declaration were rejected, with the Board noting compliance with procedural rules for electronic filing and declarations under penalty of perjury. The lien was thus permitted to proceed on its merits.

Labor Code section 4903.8(d)Declaration requirementLien validityStatute of limitationsReconsiderationFindings and OrderMedical treatment lienSB 863SB 1160Declaration of readiness
References
11
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
Case No. MISSING
Regular Panel Decision
Oct 13, 2000

Spitzer v. Farrell

The New York City Department of Sanitation (DOS) implemented an interim plan to transport Manhattan's solid waste to New Jersey, necessitating an environmental review under the State Environmental Quality Review Act (SEQRA). DOS issued a negative declaration, asserting no significant environmental impact. The petitioner challenged this, arguing that DOS failed to adequately consider the impact of PM2.5 emissions, relying instead on outdated PM10 standards. The Supreme Court initially denied the petition. This court reversed that decision, finding that DOS's failure to take a "hard look" at potential PM2.5 impacts was an error of law under SEQRA. Consequently, the negative declaration was annulled, and DOS was directed to conduct a new environmental assessment addressing all relevant concerns, including PM2.5 emissions.

Environmental LawSEQRANegative DeclarationAir QualityPM2.5 EmissionsPM10 StandardsDiesel EmissionsWaste ManagementJudicial ReviewAdministrative Law
References
7
Case No. MISSING
Regular Panel Decision
May 08, 1984

Gotbaum v. Lewis

This case concerns a dispute over the regulatory authority of the New York State Superintendent of Insurance regarding employee welfare funds administered unilaterally by municipal unions but financed by the City of New York. Plaintiffs, trustees of these funds, sought a declaration that they were not bound by Insurance Law article III-A, citing decades of legislative intent and administrative practice that excluded unilaterally administered funds from its scope. Despite a history of failed legislative attempts to expand jurisdiction, the Superintendent of Insurance moved to compel registration. The court ultimately modified a prior order, denying the plaintiffs' motion and granting the defendant's cross-motion for summary judgment, thereby declaring that the Insurance Department possesses regulatory jurisdiction over these funds under Insurance Law article III-A, § 37-a.

Employee welfare fundsRegulatory jurisdictionInsurance Law Article III-AUnilaterally administered fundsCollective bargainingMunicipal unionsLegislative intentStatutory interpretationAdministrative overreachSummary judgment
References
7
Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
0
Case No. ADJ10731404
Regular
Oct 09, 2018

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, OPSEC; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is issuing a notice of intention to declare applicant Preston Lee Brown Scott a vexatious litigant. This action is prompted by Mr. Scott's repeated filing of unmeritorious and repetitive claims and petitions, despite being informed of procedural rules and settlement agreements. If declared a vexatious litigant, Mr. Scott will be subject to a pre-filing order requiring him to obtain permission before filing any new documents or applications with the WCAB. This measure aims to prevent further abuse of the judicial process and conserve WCAB resources.

Vexatious litigantAppeals BoardPre-filing orderPropria personaReconsiderationLabor CodeCarve-out agreementADRCompromise and ReleaseSection 132a
References
20
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