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

Case No. ADJ997645
Regular
Jan 11, 2010

EILEEN BOWMAN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involved Eileen Bowman seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board affirmed the original finding that Bowman sustained a psyche injury as a consequence of her orthopedic disability, resulting in total permanent disability. The Board also upheld the decision that permanent disability was not to be apportioned between a specific injury and a cumulative trauma claim, and found that the indemnity was payable from February 6, 1998. The defendant's petition for reconsideration was denied due to reliance on evidence not in the record.

Workers' Compensation Appeals BoardEileen BowmanLos Angeles Unified School DistrictADJ997645ReconsiderationFindings and AwardNew and Further DisabilityPsyche InjuryOrthopedic DisabilityTotal Permanent Disability
References
3
Case No. MISSING
Regular Panel Decision

People v. Bowman

Velna Prince left her five-week-old baby, Tyshae, with the defendant, Tyrone Bowman. Upon returning, she found Tyshae in distress with severe head injuries. Doctors later confirmed blunt head trauma and blood clots, which were inconsistent with the defendant's claim of an accidental fall. Tyshae subsequently died. The defendant was convicted of depraved indifference murder and sentenced to 25 years to life. On appeal, the defendant argued insufficient evidence for depraved indifference, claiming his actions were more consistent with intentional murder or lacked the required mental state. The court affirmed the conviction, finding that the jury rationally concluded reckless rather than intentional conduct, and the defendant's acts demonstrated wanton cruelty and utter indifference to human life, exacerbated by his failure to seek help.

Depraved Indifference MurderChild AbuseHead TraumaReckless ConductIntentional ActSufficiency of EvidencePenal LawAppellate ReviewJury VerdictMedical Testimony
References
17
Case No. MISSING
Regular Panel Decision
Aug 18, 2015

Dechberry v. New York City Fire Department

Plaintiff Eileen Dechberry, representing herself, commenced this action against the New York City Fire Department (FDNY), alleging employment discrimination based on gender and disability, retaliation, and a hostile work environment under Title VII, ADA, and the New York City Human Rights Law, as well as wrongful termination without due process. The defendant moved to dismiss the complaint for failure to state a claim. The court dismissed all claims, finding those prior to July 13, 2012, barred by a previous settlement and general release, and those prior to August 21, 2012, as time-barred. The remaining claims for discrimination, retaliation, and hostile work environment were dismissed for failing to provide plausible factual allegations. The due process claim was also dismissed because an Article 78 proceeding in state court offers an adequate post-deprivation remedy. The plaintiff was granted 14 days to file an amended complaint, excluding the claims already barred or dismissed with prejudice.

Employment DiscriminationTitle VIIADANYCHRLMotion to DismissStatute of LimitationsSettlement AgreementGeneral ReleaseRetaliationHostile Work Environment
References
133
Case No. MON 279679
Regular
Sep 19, 2007

EILEEN HALPERN vs. COMMUNITY MEDICAL CENTERS, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Hertz Corporation's petition for reconsideration regarding Eileen Halpern's admitted industrial injury to her pulmonary and psyche systems. The Board granted Halpern's petition, finding that the prior decision failed to fully incorporate all factors of permanent disability as described by a key medical evaluator and incorrectly determined the temporary disability indemnity rate without applying Labor Code section 4661.5. Consequently, new rating instructions will be issued to accurately reflect the applicant's full permanent disability.

Workers' Compensation Appeals BoardEileen HalpernCommunity Medical CentersTristar Risk ManagementHertz Corporationpulmonary systempsyche injurytemporary disability indemnitypermanent disabilityapportionment
References
3
Case No. MISSING
Regular Panel Decision

McBarnette v. Feldman

This case addresses proceedings initiated by the New York Attorney-General on behalf of the Department of Health (DOH) and by an individual patient, Gail Eileen Strouse, following the death of Dr. Philip Feldman, a dentist who succumbed to AIDS. The DOH sought to compel the administrator of Dr. Feldman's estate to release patient records for an epidemiological study into potential HIV transmission, a request the estate opposed citing physician-patient privilege and confidentiality laws. The court granted the DOH's motion, ruling that public health interests and DOH's statutory authority for investigations supersede these objections, with assurances of confidentiality for the data. Concurrently, Ms. Strouse's attempts to intervene in the DOH action, consolidate her separate tort claim against the estate, and certify it as a class action were all denied, as her individual claims and proof requirements were deemed distinct and unsuitable for such treatment.

Public Health LawHIV/AIDS ConfidentialityPhysician-Patient PrivilegeSubpoena Duces TecumEpidemiological StudyClass Action DenialCase Consolidation DenialInfected Healthcare WorkerMedical Records AccessPatient Data Disclosure
References
23
Case No. MISSING
Regular Panel Decision

Brewer v. Village of Old Field

The plaintiffs, Aaron Brewer, Alex Stylianou, Rita Bowman, and William Walcott, filed a class-action lawsuit alleging that the Village of Old Field and its officials operated an illegal private police force, violating RICO and Section 1983. The defendants moved to dismiss the second amended complaint. The court dismissed claims against Justice La Vita due to judicial immunity, the Village of Old Field for municipal immunity, and other individual defendants in their official capacities or for insufficient involvement. However, the court denied dismissal for RICO Section 1962(c) and (d) claims, as well as state law claims for money had and received, against William H. Hall, Walter Rothschild, James Simons, and Cary Staller in their individual capacities. The plaintiffs were granted leave to file a third amended complaint.

RICO ActSection 1983Racketeering ActivityMail FraudWire FraudMotion to DismissJudicial ImmunityMunicipal LiabilityClass ActionPrivate Police Force
References
71
Case No. MISSING
Regular Panel Decision

Claim of Bowman v. Birdair, Inc.

This case involves an appeal from a Workers’ Compensation Board decision regarding death benefits. Birdair, Inc. contracted to replace a roof and was required to use union labor. They initially used Colonial Rigging and Contracting as a labor broker but later directly contacted unions for workers. The decedent, hired directly by Birdair but placed on Colonial’s payroll, died on his first day from a work-related fall. His spouse filed a claim for death benefits. The Workers’ Compensation Law Judge and subsequently the Board found that the decedent was a general employee of Colonial and a special employee of Birdair, holding Birdair 100% liable. Birdair and its carrier appealed. The Appellate Division affirmed the Board’s decision, finding substantial evidence that Birdair, by supplying tools, equipment, and directing work, had assumed control as a special employer.

Death Benefits ClaimEmployer Liability DisputeSpecial Employer DoctrineGeneral Employer DoctrineLabor BrokerageAppellate AffirmationSubstantial Evidence StandardWork-related FallConstruction IndustryUnion Labor Requirement
References
4
Case No. ADJ5812319
Regular
Mar 28, 2013

EILEEN FRANCE vs. SUTTER MEMORIAL HOSPITAL, SUTTER HEALTH

The Appeals Board granted the defendant's Petition for Removal, finding the WCJ erred by continuing the case for further medical evidence and QME panels instead of scheduling it for trial. The applicant failed to object to the defendant's Declaration of Readiness to Proceed, and discovery should have closed at the Mandatory Settlement Conference. Consequently, the Board redesignated the upcoming hearing as a Mandatory Settlement Conference and returned the case for further proceedings leading to trial, deferring issues of due diligence and medical record development to the trial judge.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceQualified Medical EvaluatorDiscoveryMedical EvidenceDue DiligenceExtraordinary CircumstancesMedical Record DevelopmentStipulations
References
1
Case No. MISSING
Regular Panel Decision

Claim of Bowman v. J & J Log & Lumber Corp.

A New York claimant, injured while working as a machine operator for a New York-based employer, suffered a lower back injury. The claimant sought and received medical treatment from out-of-state providers in Connecticut. The employer’s workers’ compensation carrier objected to the out-of-state treatment. The Workers’ Compensation Law Judge authorized the out-of-state treatment but limited the allowable fees to New York’s fee schedule. The Workers’ Compensation Board affirmed this decision. The employer and its carrier appealed, and the appellate court affirmed the Board's decision, upholding the authorization for out-of-state treatment with New York's fee schedule.

Workers' CompensationOut-of-State Medical TreatmentMedical Fee ScheduleClaimant RightsEmployer LiabilityMedical AuthorizationInterstate Medical CareAppellate ReviewNew York LawConnecticut Providers
References
3
Case No. MISSING
Regular Panel Decision

Brotman v. United States

The Brotmans sued the United States Government and the Statue of Liberty Ellis Island Foundation, Inc. for personal injury, alleging insufficient lighting and lack of warning signs caused Mrs. Brotman's fall on a stairway. The Government moved to dismiss the complaint for lack of subject matter jurisdiction, invoking the discretionary function exception of the Federal Tort Claims Act (FTCA). The court examined whether the National Park Service's (NPS) decisions regarding lighting design and warning signs were discretionary and based on policy considerations, balancing safety with historic preservation goals. Concluding that NPS's decisions involved policy judgments to preserve the monument's historic character, the court granted the Government's motion to dismiss. As a result, all claims against both the Government and the Foundation were dismissed.

Federal Tort Claims ActDiscretionary Function ExceptionSovereign ImmunitySubject Matter JurisdictionHistoric PreservationNational Park ServiceStatue of LibertyPremises LiabilityGovernmental ImmunityNegligence Claim
References
24
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