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

Case No. OAK 301894 OAK 314306
Regular
Oct 11, 2007

ROXANNE HENDRIX vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED SERVICES

This case concerns an employee terminated due to exhausting paid leave after an industrial injury, which she alleged was discriminatory under Labor Code section 132a. The Board denied reconsideration, finding the employer acted in accordance with Education Code section 45192. This specific education code provision, which mandates placing employees who exhaust leave on a reemployment list, supersedes the general anti-discrimination provisions of section 132a in this context.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationindustrial injurycustodianterminationpaid leavetemporary disabilityreemployment listEducation Code section 45192
References
6
Case No. OAK 0313334
Regular
Feb 26, 2008

NICOLE ROLLICK vs. MT. DIABLO UNIFIED SCHOOL DISTRICT, CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP

The Workers' Compensation Appeals Board denied the School District's petition for reconsideration, upholding the administrative law judge's finding that "Education Code benefits" are distinct from temporary disability benefits under Labor Code section 4656. The Board clarified that Education Code section 44043 integrates these benefits to prevent an injured employee from exceeding their full salary, rather than equating them for the purpose of the 104-week temporary disability limit. Therefore, payments made under the Education Code do not count towards the temporary disability payment cap.

Labor Code section 4656Education Code section 44043temporary disability benefitsPetition for ReconsiderationWCJAppeals Boardindustrial injuryaggregate disability paymentscompensable weekssick leave
References
5
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. MISSING
Regular Panel Decision

New York City Board of Education v. Ambach

This CPLR article 78 proceeding challenged a determination by the Commissioner of Education. The Commissioner ordered the petitioner, the Committee on the Handicapped, District 28 (COH), to reimburse Marilyn P. for tuition and maintenance costs for her handicapped child. The COH had initially found the child not handicapped and failed to provide timely formal written notice of its determination to the mother, violating Education Law regulations. An independent hearing officer reversed the COH's finding but denied reimbursement. Upon appeal, the Commissioner affirmed the handicapped finding and ordered reimbursement due to the COH's procedural violations. The court upheld the Commissioner's finding that the child was handicapped and the entitlement to reimbursement, citing a rational basis for the decision and deference to the agency's interpretation. However, the court modified the determination, annulling the order for the petitioner to pay the full cost, and remitted the matter for apportionment of costs between the petitioner and the State of New York, as per Education Law sections 4405 and 4407.

CPLR Article 78Administrative ReviewEducation LawHandicapped Child PlacementTuition ReimbursementProcedural Due ProcessNotice RequirementsTimeliness ViolationsAgency DeferenceCost Apportionment
References
10
Case No. MISSING
Regular Panel Decision

Koral v. Board of Education

The petitioner, an assistant mechanical engineer, was dismissed by the board of education of the city of New York after refusing to answer questions about Communist party membership and espionage activities before the House Committee on Un-American Activities, claiming self-incrimination. The board terminated his employment citing section 903 of the New York City Charter, which mandates termination for employees refusing to testify on such grounds. The petitioner contended that section 903 was inapplicable as he was an employee of the board of education, not the city, and that he was denied a hearing under the Education Law. The court held that the petitioner was an employee of the City of New York under section 903 and that the section is self-executing, thus a hearing was not required when the facts were undisputed. The court also determined that the Congressional inquiry into espionage and loyalty constituted an inquiry into his official conduct as a public employee. Therefore, the motion was denied, and the petition dismissed.

Public Employee DismissalSelf-Incrimination PrivilegeUn-American ActivitiesNew York City CharterEducation Law ConflictLegislative Committee TestimonyLoyalty OathsConstitutional RightsArticle 78 ReviewGovernment Espionage Inquiry
References
15
Case No. MISSING
Regular Panel Decision

In Re Lyondell Chemical Co.

Mrs. Regina Jahnke sought administrative expense status under Bankruptcy Code Section 1114 for payments due under a prepetition private annuity contract from Lyondell Chemical Company, the successor to her late husband's employer, ARCO Chemical Company. Lyondell contended that the contract was not covered by Section 1114, arguing that the payments were general unsecured claims. The Court, presided over by Bankruptcy Judge Robert E. Gerber, agreed with Lyondell. The Court found that the contract did not qualify as a "plan, fund, or program" under ERISA standards, and furthermore, the benefits were not "retiree benefits" as defined in Section 1114(a). Therefore, Mrs. Jahnke's motion for administrative status was denied, and her claim remained a general unsecured claim.

BankruptcyAdministrative Expense StatusRetiree BenefitsAnnuity ContractEmployee Retirement Income Security Act (ERISA)Chapter 11Unsecured ClaimsContract LawCorporate SuccessionJudicial Interpretation
References
17
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. SFO 0487887
Regular
Sep 18, 2007

CDWARD HEBBERT vs. SEQUOIA UNION HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed a prior award finding that "wage continuation" payments made to an injured custodian were not temporary disability payments for the purpose of calculating the 104-week limit under Labor Code section 4656. The Board concluded these payments, made under Education Code section 45199, were distinct from temporary disability indemnity, thus resetting the two-year limitation period. However, the Board rescinded the award of increased benefits under Labor Code section 4650, as that issue was not properly raised at trial.

Workers' Compensation Appeals BoardCDWARD HEBBERTSEQUOIA UNION HIGH SCHOOL DISTRICTOpinion and Decision After ReconsiderationModified WorkTemporarily Totally DisabledWage ContinuationTemporary Disability IndemnityLabor Code section 4656Expedited Hearing
References
5
Case No. 2023 NY Slip Op 00945 [213 AD3d 548]
Regular Panel Decision
Feb 21, 2023

Matter of Clarke v. Board of Educ. of the City Sch.

The Appellate Division, First Department, affirmed the Supreme Court's dismissal of petitions challenging the New York City Department of Education's (DOE) COVID-19 vaccine mandate. Petitioners, employees placed on leave without pay for non-compliance, had sought to annul the DOE's determinations and vacate an arbitration award. The court found that the vaccine mandate was a valid qualification of employment, unrelated to job performance or misconduct, and therefore did not constitute disciplinary action. Furthermore, it ruled that the arbitrator's authority stemmed from the Civil Service Law, not the collective bargaining agreement or Education Law, and petitioners lacked standing to challenge the arbitration award. The court also determined that petitioners' due process rights were not violated, as they were offered opportunities for exemptions and accommodations.

COVID-19 vaccine mandateleave without payCPLR Article 75CPLR Article 78arbitration awardpublic policy violationdue process rightsemployment qualificationteacher disciplineCivil Service Law
References
16
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
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