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

Case No. ADJ6719136
Regular
Apr 01, 2011

RICHARD KITE vs. EAST BAY MUNICIPAL UTILITY DISTRICT

This case concerns Richard Kite's claim for workers' compensation for a hip injury sustained while employed by East Bay Municipal Utility District. The Workers' Compensation Appeals Board (WCAB) reconsidered an order mandating the employer restore applicant's sick and vacation leave at a higher rate tied to his later earnings. The WCAB found insufficient evidence to justify using the increased earnings for calculating leave restoration, as per *Grossmont Hospital v. WCAB*. Therefore, the WCAB amended the order to restore leave at the rate of $668.93 per week, based on the applicant's earnings at the time of the initial injury.

Petition for ReconsiderationTemporary Total DisabilityTD RateSick LeaveVacation LeaveEmployment Development DepartmentEDDWCJFindings of FactLabor Code
References
1
Case No. ADJ6713393, ADJ7568222
Regular
Feb 11, 2013

Tabitha Asim vs. East Bay Municipal Utilities District

This case involves a petition for reconsideration by the defendant, East Bay Municipal Utilities District, challenging an administrative law judge's award of permanent disability for Tabitha Asim's hip and lumbar spine injuries. The defendant argues that the Qualified Medical Evaluator's (QME) disability ratings were not substantial medical evidence, as they were based on restrictions caused by a non-industrial hernia and lacked adequate justification under *Almaraz/Guzman*. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further development of the medical record to clarify the extent of permanent disability. The Board noted the QME's inability to differentiate limitations caused by the industrial injuries from those due to the hernia.

Almaraz/GuzmanQualified Medical EvaluatorWhole Person ImpairmentCumulative traumaTrochanteric bursitisLumbar spinePermanent disabilityReconsiderationFindings and AwardSubstantial medical evidence
References
3
Case No. ADJ7910523, ADJ5810903
Regular
Jan 18, 2013

TERRY SANTA MARIA vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of its prior decision concerning Terry Santa Maria's claims against East Bay Municipal Utility District. The Board affirmed the original decision but amended it to clarify that the disability became medically permanent and stationary on July 18, 2006. The amended decision specifically outlines the calculation and payment of permanent disability indemnity for two case numbers, including weekly rates, duration, and attorney's fees. This amendment provides a more precise award for the applicant's permanent disability.

Workers' Compensation Appeals BoardReconsiderationMedically Permanent and StationaryPermanent Disability IndemnityAward AmendmentAttorney's Fee CommutationADJ7910523ADJ5810903East Bay Municipal Utility DistrictAthens Administrators
References
0
Case No. ADJ6736602 (MF); ADJ6736601; ADJ6736597; ADJ8013380
Regular
Sep 06, 2012

SABRINA TAANING vs. EAST BAY MUNICIPALITY UTILITY DISTRICT, Permissibly Self-Insured; Adjusted By ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The applicant, a surveyor, claimed she contracted Lyme disease from tick bites sustained during employment with East Bay Municipal Utility District. The WCAB found that the applicant did not sustain injury arising out of and in the course of employment. The WCAB specifically adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ), which found the medical report of Dr. Thomas Allems to be substantial evidence supporting this conclusion. The WCAB also admonished the applicant's attorney for failing to comply with rules requiring fair and accurate representation of the evidence in the petition.

Lyme diseaseAOE/COEPetition for ReconsiderationWCJ reportsubstantial evidencetick bitesBorrelia burgdorferiWestern blotPCR testingdiagnostic criteria
References
0
Case No. MISSING
Regular Panel Decision

Gaston v. Great Neck Union Free School District

Luis Gaston, an employee of Bay Welding, Inc., was injured while working at a school owned by Great Neck Union Free School District. Gaston initiated a negligence action against the School District, which subsequently filed a third-party complaint against Bay Welding, Inc., seeking indemnification for allegedly failing to procure general liability insurance as per their contract. The Supreme Court granted partial summary judgment to the School District, finding Bay Welding, Inc., had not provided proof of the required insurance. However, the Appellate Division reversed this decision, ruling that the contract regarding insurance coverage was ambiguous and necessitated a trial to determine the parties' intent.

Personal InjuryNegligenceContract DisputeIndemnificationSummary JudgmentAppellate ReviewInsurance CoverageContract AmbiguityThird-Party Action
References
0
Case No. ADJ7259664
Regular
Nov 01, 2011

IRMA MCCULLOUGH vs. EAST BAY MUNI UTILITY DISTRICT, ATHENS ADMINISTRATOR

The Workers' Compensation Appeals Board denied the Defendant's Petition for Removal. The Defendant argued that discovery closure language was omitted from the hearing minutes. However, the Board found no irreparable harm or prejudice to the Defendant. The Board also noted the Applicant obtained representation on the hearing date and should be allowed to confer with counsel.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDiscovery ClosureMSCPrejudiceTrial JudgeUnspecified District OfficeAthens AdministratorEast Bay Muni Utility District
References
0
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
2
Case No. MISSING
Regular Panel Decision
Jul 19, 2012

Lewis v. East Ramapo Central School District

This case concerns an appeal by the East Ramapo Central School District against an order that granted a petitioner leave to serve a late notice of claim. The Supreme Court, Appellate Division, reversed the lower court's decision, denying the petition and dismissing the proceeding. The court considered four factors for granting leave: actual knowledge of the claim by the school district, the petitioner's infancy and its nexus to the delay, a reasonable excuse for the delay, and substantial prejudice to the school district. The petitioner failed to provide a reasonable excuse for the 15-month delay after reaching the age of majority and did not demonstrate that the school district had timely actual knowledge of the claim or that it would not be substantially prejudiced by the three-year-and-eight-month delay.

Late Notice of ClaimGeneral Municipal Law § 50-e(5)School District LiabilityNegligent SupervisionInfancy ExcuseActual Knowledge RequirementSubstantial PrejudiceAppellate DivisionAssault in SchoolTimeliness of Claim
References
17
Case No. 2020 NY Slip Op 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
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