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Case Law Database

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

Case No. ADJ2798585 (MON 0241152) ADJ2723676 (MON 0241153)
Regular
Sep 21, 2011

MAXINE WIGGS vs. ALLIED SIGNAL AEROSPACE, ST. PAUL TRAVELERS INSURANCE

This case involves a Petition for Removal filed by the defendant challenging the setting of a status conference based on an allegedly improper Declaration of Readiness to Proceed to Expedited Hearing. The defendant argued the expedited hearing was requested for unauthorized surgery, which was a violation of policy. However, the defendant later conceded the surgical consult had been authorized, rendering their petition moot. The Appeals Board dismissed the petition as moot and also noted an unacceptable delay in scanning case documents into EAMS.

Workers' Compensation Appeals BoardPetition for RemovalDeclaration of Readiness to Proceed to Expedited HearingPresiding Workers' Compensation Administrative Law JudgeStatus ConferenceExpedited HearingMedical TreatmentSurgical ConsultMoot PetitionEAMS
References
1
Case No. ADJ3466637
Regular
May 11, 2011

FRANK PONCE vs. OVERNIGHT TRANSPORTATION CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to improper service of the applicant's Declaration of Readiness to Proceed (DOR) and lack of notice regarding issues raised at an expedited hearing. The Board rescinded the order requiring witness appearances at the July 7, 2011 trial. The case is returned to the trial level to be set for a Mandatory Settlement Conference (MSC) before the scheduled trial.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement Conferenceexpedited hearingwitness appearanceService of ProcessWorkers' Compensation Appeals BoardWCJIndustrial InjuryFuture Medical Treatment
References
0
Case No. ADJ14242832
Regular
Mar 07, 2025

EHAB GUIRGUIS vs. CIRCLE K/76 GAS STATION, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA

Defendant sought removal of an Order issued by a workers' compensation administrative law judge (WCJ) setting the matter for trial. Defendant objected to applicant's Declaration of Readiness to Proceed (DOR) as defective due to a failure to list good faith efforts for resolution and incomplete discovery regarding a vocational rehabilitation report. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, the applicant's answer, and the WCJ's report. The WCAB granted the Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings to allow for proper development of the record and address the defendant's objections to the DOR and discovery issues, emphasizing the right to due process and a fair hearing.

Petition for RemovalDeclaration of Readiness to ProceedWCJ ObjectionGood Faith EffortsDiscoveryVocational Rehabilitation ReportDue ProcessFair HearingRescind OrderReturn to Trial Level
References
8
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. ADJ8879547; ADJ8879544
Regular
Feb 07, 2014

GUADALUPE VACA PATISTA vs. THE PENINSULA BEVERLY HILLS HOTEL, SEDGWICK CMS

The applicant sought removal of an order taking her cases off calendar, arguing that her Declaration of Readiness to Proceed was unopposed and that she would suffer irreparable harm due to unpaid temporary disability benefits. The Workers' Compensation Appeals Board denied the petition, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board noted that disputes regarding treatment within the employer's Medical Provider Network can be addressed through an expedited hearing.

Petition for RemovalOff CalendarDeclaration of ReadinessTemporary Total DisabilityTemporary Disability BenefitsMedical Provider Network (MPN)Cumulative Trauma InjurySpecific InjuryExpedited HearingLabor Code section 5502(b)(1)(B)
References
3
Case No. ADJ12047357
Regular
Jan 29, 2020

LUIS GONZALEZ vs. M. Y. PACIFIC BUILDING dba M Y PACIFIC RESTORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Applicant Luis Gonzalez's Petition for Removal. Applicant sought to have an order taking the case off calendar overturned and the matter reset for an expedited hearing. The Board found that removal is an extraordinary remedy not warranted here as Applicant did not demonstrate substantial prejudice or irreparable harm. The judge acted within their authority, and the applicant can refile a declaration of readiness to proceed. Allegations of sanctionable conduct should be addressed in a separate trial-level petition.

Petition for RemovalOrder Taking Off CalendarExpedited HearingSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeAbuse of DiscretionDeclaration of ReadinessSanctionable Conduct
References
0
Case No. ADJ3505762
Regular
Jan 18, 2011

TAMMY HELMS vs. EL CAJON FORD, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT

This case concerns applicant Tammy Helms' claim for temporary total disability indemnity filed more than five years after her August 6, 2003 injury. While the WCAB does not have original jurisdiction over previously adjudicated temporary disability issues, it retains jurisdiction if a timely petition for new and further disability or to reopen was filed. Here, the Board found that an Expedited Declaration of Readiness to Proceed to Hearing filed on June 24, 2008, requesting temporary disability, constituted such a timely petition. Therefore, the defendant's petition for reconsideration was denied, allowing the claim for further temporary disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of LawTemporary Total Disability IndemnityDate of InjuryPetition to ReopenLabor Code Section 5804Statutes of LimitationPermanent and StationaryNew and Further Disability
References
19
Case No. MISSING
Regular Panel Decision

Chavis v. New York Temporary State Commission on Lobbying

The petitioners, led by Dr. Benjamin Chavis on behalf of the Coalition for Fairness, initiated a CPLR article 78 proceeding against the New York Temporary State Commission on Lobbying and its Executive Director, David Grandeau. They sought to compel the Commission to adopt rules for adjudicatory proceedings compliant with the State Administrative Procedure Act (SAPA) and to nullify a prior determination regarding a failure to file a semiannual report. The court ruled that the Commission was not an "agency" under SAPA due to a lack of rulemaking authority and the power to make final adjudicatory decisions. However, the court converted the proceeding to a declaratory judgment action and declared sections 1-n (b) and (c) of the Lobbying Act unconstitutional for violating federal and state Due Process Clauses by failing to provide notice and a hearing prior to determining a knowing and willful violation. The Commission's subsequently issued guidelines were deemed insufficient to rectify this statutory defect.

Due ProcessConstitutional LawAdministrative LawCPLR Article 78Lobbying ActState Administrative Procedure ActAgency DefinitionUnincorporated AssociationCivil PenaltiesNotice and Hearing
References
10
Case No. ADJ1122368 (SJO 0223390)
Regular
Mar 24, 2015

MINH LY vs. LORAL SPACE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY, in liquidation

The Appeals Board granted removal and rescinded the WCJ's order taking the case off calendar, holding that the applicant is entitled to an expedited hearing regarding the denial of Lyrica prescription refills. The WCJ erred by prematurely determining that utilization review (UR) was timely and jurisdictionally barred further proceedings, without allowing evidence and a hearing. The Board emphasized that the applicant has a right to an expedited hearing to contest UR decisions, challenge their applicability, or present evidence of changed circumstances. The case was returned to the trial level for an expedited hearing and a new decision based on the record.

Utilization ReviewIndependent Medical ReviewPetition for RemovalExpedited HearingOrder Taking Case Off CalendarPrescription MedicationLyricaDue ProcessLabor Code Section 5310Dubon II
References
10
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
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