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

Case No. OXN 0140457 - OXN 0146744
Regular
Jun 04, 2008

EFRAIN OLVERA vs. SOVEREIGN SEAFOODS, VIRGINIA SURETY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and returned the case to the trial level. This decision stemmed from the defendant's argument that the WCJ erred by not apportioning the applicant's 3% permanent disability between a specific and a cumulative injury. The Board cited *Benson v. The Permanente Medical Group* and mandated that medical reports must address causation and apportionment, and that the original medical report here failed to do so.

Workers' Compensation Appeals BoardSovereign SeafoodsVirginia Surety Insurance CompanyCambridge Integrated ServicesEfrain OlveraIndustrial InjuryPermanent DisabilitySpecific InjuryCumulative TraumaApportionment
References
3
Case No. ADJ8625134
Regular
Mar 19, 2018

ARNULFO GONZALEZ OLVERA vs. SALVADOR BECERRA

The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal in the case of Olvera v. Becerra. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm that reconsideration cannot cure. The WCAB found that the petitioner did not meet this high burden. Therefore, the petition was denied.

Workers' Compensation Appeals BoardPetition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAdministrative Law JudgeCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ1097789 (VNO 0485505) ADJ3324551 (VNO 0549173)
Regular
Sep 12, 2011

EFRAIN CAZARES vs. CONSOLIDATED DISPOSAL SERVICE, ACE USA

This case involves applicant Efrain Cazares's petition for reconsideration and removal regarding a WCAB order that rescinded a prior decision and remanded the case for further proceedings. The WCAB dismissed the Petition for Reconsideration because the prior order was not final. The WCAB also denied the Petition for Removal, finding no significant prejudice or irreparable harm to the applicant. This was based on the conclusion that the medical evidence regarding applicant's alleged psyche injury was insufficient and the issue needed to be revisited.

Petition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardJoint Findings and AwardOrder to Develop the RecordJoint Findings and AwardIndustrial InjuryPsychePermanent DisabilityApportionment
References
0
Case No. 2015 NY Slip Op 06792 [131 AD3d 1025]
Regular Panel Decision
Sep 16, 2015

Moreira v. Osvaldo J. Ponzo

The plaintiff, Efrain Fuentes Moreira, fell from the roof of the defendant's investment property while removing a large tree that had fallen on the house during Hurricane Irene, causing structural damage. Moreira subsequently commenced an action against the defendant, Osvaldo J. Ponzo, alleging violations of Labor Law §§ 240 (1) and 241 (6). The defendant moved for summary judgment, arguing that tree cutting is not an activity covered by these statutes. The Supreme Court denied the defendant's motion. On appeal, the Appellate Division affirmed the lower court's decision, holding that while tree removal itself is generally not covered, it is protected under Labor Law §§ 240 (1) and 241 (6) when it is an ancillary duty performed during the repair of a building or structure.

Personal InjuryLabor LawSummary JudgmentTree RemovalRoof AccidentStructural RepairStatutory InterpretationConstruction WorkAncillary DutiesAppellate Division
References
16
Case No. ADJ885319 (LAO 0800836) ADJ854299 (LAO 0811623) ADJ1334694 (LAO 0811624)
Regular
Jan 06, 2010

EFRAIN CHAVEZ vs. AUTOMATIC SPECIALTY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Efrain Chavez's petition for reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board further denies removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Interlocutory procedural decisions are not appealable via reconsideration. Therefore, the petitions are dismissed and removal is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityProcedural DecisionEvidentiary Decision
References
11
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
4
Case No. ADJ9316568
Regular
Aug 17, 2018

EFRAIN HERNANDEZ vs. OASIS NURSERY, THE HARTFORD

Mesa Pharmacy sought reconsideration of a decision that subjected its lien to a stay under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated to address common issues regarding Mesa Pharmacy's liens and Labor Code section 4615. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior order, and returned the case to the trial level. The assigned judge will determine if this specific case should be excluded from the consolidation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien ClaimantLabor Code Section 4615Stay of LiensConsolidationWCAB Rule 10589Ownership and ControlCriminal Proceedings
References
1
Case No. MISSING
Regular Panel Decision

Olvera-Morales v. Sterling Onions, Inc.

Plaintiff, a Mexican national, brought an employment discrimination class action against several defendants, including International Labor Management Corporation, Inc. (ILMC), North Carolina Growers’ Association, Inc. (NCGA), and Del-Al Associates, Inc. (Del-Al), under Title VII and New York Human Rights Law. She alleged that defendants discriminated against her and other women by steering them into lower-paying H-2B temporary non-agricultural jobs, rather than the higher-paying H-2A agricultural program, despite being qualified. Defendants moved to dismiss for lack of subject matter jurisdiction, failure to state a claim, or for summary judgment, arguing plaintiff wasn't named in initial EEOC charges, wasn't 'qualified' due to visa timing, or that Title VII claims amounted to extraterritorial application. The Zappala defendants also sought indemnification from ILMC. The Court denied all motions for dismissal and summary judgment, allowing for further discovery on critical factual issues such as the 'identity of interest' exception, plaintiff's qualification status, and the applicability of Title VII and state law claims, including the 'continuing violation' exception.

Employment DiscriminationGender DiscriminationH-2A VisaH-2B VisaTemporary Guest Worker ProgramTitle VIINew York Human Rights LawSubject Matter JurisdictionMotion to DismissSummary Judgment
References
25
Case No. ADJ8482506
Regular
Sep 19, 2016

VANESSA OLVERA vs. RANCHO HARVEST, STAR INSURANCE COMPANY

The Appeals Board granted reconsideration to amend the Findings and Award, primarily to correct the permanent disability indemnity rate to align with the parties' stipulation, as the original judge altered it without sufficient evidence or good cause. The Board also deferred the issue of liability for self-procured medical treatment, finding no evidence was presented to support the original award of reimbursement for such costs. Furthermore, a clerical error regarding the body parts affected by the injury was corrected. The original determination of a 30% permanent disability rating, supported by medical evidence, was otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability Indemnity RateStipulationWCJ AuthorityWhole Person ImpairmentSelf-Procured Medical TreatmentAdmitted EvidenceSubstantial Evidence
References
6
Case No. ADJ7626540, ADJ7626544
Regular
Oct 17, 2013

EFRAIN CERVANTES vs. EXCEL CONSTRUCTION, ZURICH INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of Preferred Scan's lien. Although Preferred Scan paid its lien activation fee on the morning of the lien conference, the WCJ dismissed the lien due to no proof of payment being available at the conference. The Board found the payment timely and the EAMS system's delayed reflection of payment not Preferred Scan's fault. The case is returned to the trial level for further proceedings, including potential dismissal notice or sanctions for the failure to appear.

Workers' Compensation Appeals BoardLien Activation FeePetition for ReconsiderationOrder Dismissing LienDue ProcessLabor Code Section 4903.06Electronic Adjudication Management System (EAMS)Lien ConferenceSanctionsLabor Code Section 5813
References
0
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