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Case No. BAK 0147013

Regular

Apr 10, 2008

DEENNIS BURGI vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, TEHACHPI

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding industrial heart injury and permanent disability for a corrections officer. The Board deferred issues of permanent disability, presumptions, and apportionment pending a related Court of Appeal decision. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardDeennis BurgiState of California Department of CorrectionsTehachapiLegally UninsuredState Compensation Insurance FundIndustrial InjuryHeart InjuryHypertensionCerebral Arteriosclerosis

References

Case No. CV-05-0968

Regular Panel Decision

Burgie v. Euro Brokers, Inc.

Plaintiff Maritza Burgie sued Euro Brokers, Inc. and First Unum Life Insurance Company, alleging FMLA, ERISA, ADA, and breach of contract violations related to her employment termination and denied disability benefits following the 9/11 attacks. The court addressed Unum's motions to dismiss ADA and contract claims, and for summary judgment on all claims against it. The ADA claim was dismissed with leave to amend, and the breach of contract claim was recharacterized as an ERISA claim. The court granted Unum's motion for summary judgment on the ERISA claim, finding that Unum had correctly calculated and paid the maximum benefits due under the policy, applying an arbitrary and capricious standard of review.

Employment LawDisability BenefitsERISAADAFMLASummary JudgmentMotion to DismissBreach of ContractPost-Traumatic Stress DisorderMental Illness

References

Case No. ADJ6984259

Regular

Apr 02, 2013

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.

The Workers' Compensation Appeals Board denied reconsideration for lien claimants AIM Radiology, Metrics Medical Group, and Noninvasive Therapeutics. Their liens were dismissed by the WCJ because they failed to pay the required lien activation fee *prior* to the lien conference. The Board found their argument that payment during the conference was sufficient was contrary to Labor Code Section 4903.06(a)(4) and Administrative Director Rule 10208(a). Furthermore, the Board cannot rule on the constitutionality of the statute as Noninvasive Therapeutics argued.

Lien activation feesWCABReconsideration deniedLabor Code Section 4903.06Administrative Director Rule 10208Proof of paymentLien conferenceDismissal with prejudiceConstitutional challengeArticle 14 Section 4

References

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DEENNIS BURGI vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, TEHACHPI

Burgie v. Euro Brokers, Inc.

Employment LawDisability BenefitsERISAADAFMLASummary JudgmentMotion to DismissBreach of ContractPost-Traumatic Stress DisorderMental Illness

DEENNIS LANGSTON vs. CUSTOM BUILDING PROJECTS, INC., WAUSAU UNDERWRITERS INSURANCE CO.