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

Case No. ADJ1714554 (BAK 0151943)
Regular
Oct 17, 2014

Archie Scott vs. CITY OF BAKERSFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the prior award. The WCAB clarified that permanent total disability payments commence upon the cessation of temporary total disability, not the permanent and stationary date, referencing *Brower*. The WCAB deferred the issue of the applicant's attorney's fee, requiring it to be calculated considering all factors, including future benefits and COLA increases, and will be determined at the trial level. Jurisdiction was reserved for the WCJ to recalculate the attorney's fee and adjust the commencement date for permanent disability indemnity and COLA.

Valley FeverPetition to ReopenStipulated AwardPermanent Total DisabilityAttorney's FeeReconsiderationPetition for ReconsiderationFindings Award and OrderWCJAppeals Board
References
6
Case No. MISSING
Regular Panel Decision
Jan 25, 2010

Claim of Hammond v. Dutchess Building Specialists

The employer and its workers' compensation carrier appealed a decision by the Workers’ Compensation Board, which found their application for reimbursement from the Special Disability Fund untimely. Claimant sustained injuries in October 2006, and the employer filed for reimbursement in October 2008, citing a prior injury. The Board determined the application was untimely, using the injury date as the start of disability. The court affirmed the Board's decision, ruling that disability commences on the date of injury, not cessation of work. Additionally, the court found the case was never truly closed, negating the employer's argument for timely filing based on a reopening of the case.

Workers' CompensationSpecial Disability FundReimbursement ClaimTimeliness IssueDate of DisabilityCase ReopeningAppellate Court DecisionEmployer-Carrier AppealNew York Workers' Compensation BoardPreexisting Condition
References
13
Case No. MISSING
Regular Panel Decision

Smith v. New York State & Local Retirement Systems

Petitioner, a taxpayer services representative, sustained a back injury in March 1981 while lifting forms, leading to a decline in attendance and eventual termination in November 1989. She applied for accidental and ordinary disability retirement benefits, both of which were denied by the Comptroller. The accidental disability claim was denied because the incident was not deemed an 'accident' under Retirement and Security Law § 63. The ordinary disability claim was denied as untimely, having been filed approximately six months after her termination, exceeding the 90-day limit stipulated by Retirement and Social Security Law § 62. The Supreme Court dismissed the challenge to the ordinary disability denial due to untimeliness and transferred the accidental disability challenge to this Court. This Court confirmed the Comptroller's determination on both counts, rejecting the petitioner's estoppel argument regarding the untimely ordinary disability application and finding substantial evidence to support the finding that the injury did not constitute an 'accident' within the meaning of the relevant law, as it resulted from ordinary employment duties without an unexpected event.

Disability Retirement BenefitsAccidental DisabilityOrdinary DisabilityUntimely ApplicationEstoppel Against GovernmentWork-Related InjuryBack InjuryDefinition of AccidentOrdinary Employment DutiesSubstantial Evidence Review
References
16
Case No. ADJ2 701373 (SFO 0461093)
Regular
Apr 28, 2016

ELIZABETH COCHRAN vs. SUBSEQUENT INJURIES FUND, WINSHIP PROPERTIES, STATE COMPENSATION INSURANCE FUND

The applicant, Elizabeth Cochran, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commencing earlier than September 4, 2013. The WCAB denied reconsideration, adopting the findings of the administrative law judge. The applicant argued that permanent total disability payments should begin upon the cessation of temporary disability, citing *Brower v. David Jones Construction*. However, the WCAB distinguished this case by noting the applicant's injury predated a relevant statutory amendment and that she sought SIBTF benefits, not permanent disability benefits, making *Brower*'s analysis inapplicable.

Subsequent Injuries FundSIBTFcumulative traumapermanent total disabilitypermanent and stationary104-week capLabor Code 4656temporary total disabilityBrower v. David Jones Constructionstipulated award
References
1
Case No. MISSING
Regular Panel Decision
May 15, 2012

Hamzik v. Office for People with Developmental Disabilities

Plaintiff John J. Hamzik sued the Office for People with Developmental Disabilities (OPWDD) and several individual employees, alleging discrimination based on sex, age, and disability, as well as equal protection, due process, and retaliation claims under federal and state laws, including Title VII, ADEA, and ADA. Defendants moved to dismiss the amended complaint, and plaintiff cross-moved to file a second amended complaint. The District Court, finding that many claims were barred by Eleventh Amendment immunity or failure to exhaust administrative remedies, and that the remaining claims failed to state a plausible cause of action, granted the defendants' motion to dismiss. All federal claims were dismissed with prejudice, the cross-motion was denied as futile, and the remaining state law claims were dismissed without prejudice.

DiscriminationRetaliationDue ProcessEqual ProtectionTitle VIIADEAADAEleventh Amendment ImmunityAdministrative ExhaustionMotion to Dismiss
References
50
Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. MISSING
Regular Panel Decision

Bullard v. St. Mary's Hospital

Claimant, a secretary at St. Mary's Hospital, developed rheumatoid arthritis, resulting in a permanent partial disability. The Workers' Compensation Board ruled it an occupational disease and awarded compensation. Liability was apportioned among three employers: Rochester Savings Bank, Woodward Health Center, and St. Mary's Hospital. The Special Disability Fund (SDF) was deemed liable for benefits after the initial 104-week disability period. SDF appealed, contending its reimbursement should be limited to St. Mary's Hospital's one-third share. The court affirmed the Board's decision, holding that Workers' Compensation Law § 44 makes the last employer (St. Mary's) responsible for total compensation, and Workers' Compensation Law § 15 (8) (d) requires SDF to fully reimburse the employer's carrier, Sedgwick James, for benefits paid after 104 weeks.

Occupational DiseaseRheumatoid ArthritisPermanent Partial DisabilityApportionmentSpecial Disability FundReimbursementWorkers' Compensation LawLast Employer LiabilityInsurance CarrierWorkers' Compensation Board
References
0
Case No. MON 0325729 MON 0325730
Regular
Jun 02, 2008

JORGE CORONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award of temporary disability benefits. Defendant argued that Labor Code section 4656 prohibited the award, as more than two years had passed since temporary disability commenced. The Board found the record insufficient to determine when temporary disability payments actually began, rescinded the award, and returned the case for further proceedings to establish the commencement date of indemnity payments.

ReconsiderationTemporary DisabilityLabor Code section 4656Findings and AwardStipulated AwardNew and Further DisabilityCompensable WeeksDate of Commencement of Temporary Disability PaymentHawkins v. Amberwood ProductsBenefit Printout
References
1
Case No. SAL 0087232
Regular
Aug 09, 2007

MICHAEL VARNEY vs. STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for knee injuries sustained by an applicant. Both the applicant and defendant sought reconsideration of the initial award; the applicant argued for an earlier commencement date for permanent disability, while the defendant contested its liability for 40% of the disability. The Appeals Board granted reconsideration for both parties and rescinded the original award, remanding the case for further proceedings to allow for reconsideration of the permanent disability commencement date and defendant's liability arguments.

Workers' Compensation Appeals Boardlegally uninsuredState Compensation Insurance Fundemergency coordinatorpermanent disabilitylife pensionpermanent and stationary dateLabor Code section 5500.5petition for reconsiderationFindings and Award
References
0
Case No. SDO 0327959
Regular
Aug 03, 2007

IRMA MENDEZ vs. SUNRISE SENIOR LIVING, AMERICAN HOME ASSURANCE

This Workers' Compensation Appeals Board case clarifies the commencement date for temporary disability payments under Labor Code section 4656(c)(1). The Board amended a prior order, ruling that the commencement date is the date the first payment is actually issued, not the date the disability is first owed. Consequently, the employer's liability for temporary disability is limited to 104 weeks within two years from the actual payment date of June 2, 2005.

Workers' Compensation Appeals BoardTemporary disability indemnityLabor Code section 4656(c)(1)Date of commencementFindings and OrderPetition for reconsiderationExpedited hearingApplication for Adjudication of ClaimStipulationCompensable weeks
References
1
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