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

Case No. ADJ10525348
Regular
Sep 09, 2019

ENRIQUE MATA vs. HARTWICK \u0026 HAND, INC.; ACE AMERICAN INSURANCE, administered by CORVEL

The Workers' Compensation Appeals Board (WCAB) denied Enrique Mata's Petition for Reconsideration and dismissed his Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, stating that reconsideration is an adequate remedy for final orders that determine substantive rights or threshold issues. Since the trial level adjudication of an Independent Medical Review (IMR) appeal is considered a final order, removal was deemed inappropriate.

Petition for ReconsiderationPetition for RemovalWCAB Rule 10843Final OrderSubstantive RightLiabilityThreshold IssueIMR DeterminationAdministrative DirectorWorkers' Compensation Administrative Law Judge
References
4
Case No. MISSING
Regular Panel Decision

In re Enrique R.

The appellate court addressed whether the Family Court had the statutory authority to compel the Commissioner of Social Services to initiate a CPLR article 78 proceeding against the New York City Housing Authority to secure adequate housing. This was to facilitate the placement of a seven-year-old child, Enrique R., from foster care into the custody of his paternal grandmother, Gladys Torres, who was willing to assume permanent care but lived in inadequate housing conditions due to bureaucratic failures by the Housing Authority. While acknowledging the grandmother's plight and the Housing Authority's inaction, the court ruled that Family Court Act § 255, concerning "Cooperation of officials and organizations," does not empower the Family Court to direct a city official to undertake legal action as counsel for private indigent parties against another governmental entity. Consequently, the Family Court's order was modified to delete the specific directive for the Commissioner to commence legal proceedings, but otherwise affirmed the extension of foster care placement and the general directive for assistance in obtaining housing.

Family Court JurisdictionSocial Services LawHousing AuthorityFoster CareChild CustodyArticle 78 ProceedingGovernmental DiscretionIndigent PartiesLegal RepresentationStatutory Interpretation
References
9
Case No. ADJ990742 (STK 0196375) ADJ2715187 (STK 0181282) ADJ4330779 (STK 0181281) ADJ6895121
Regular
Apr 01, 2014

LUCIA MATA vs. HERSHEY CHOCOLATE & CONFECTIONARY COMPANY

The Workers' Compensation Appeals Board (WCAB) has issued an order denying Lucia Mata's Petition for Reconsideration in her cases against Hershey Chocolate & Confectionary Company. The WCAB adopted and incorporated the reasons provided in the workers' compensation administrative law judge's report. Consequently, Mata's petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDenialApplicantDefendantPermissibly Self-InsuredSedgwick Claims Management Service
References
0
Case No. 2020 NY Slip Op 06471 [188 AD3d 507]
Regular Panel Decision
Nov 12, 2020

Sunun v. Klein

Plaintiff Enrique Sunun was injured when he stepped into an unguarded, improperly backfilled trench at a construction site, causing his leg to sink deeply. The Appellate Division, First Department, modified a Supreme Court order regarding several Labor Law and negligence claims. The court found that the plaintiff was entitled to partial summary judgment on his Labor Law § 240 (1) claim, as no safety devices were provided to protect him from the gravity-related risk. Additionally, the court granted Beth Klein unconditional contractual indemnification from Cedar Design, Inc., and Fountainhead Construction Inc. conditional indemnification, while denying Fountainhead's motion to dismiss Labor Law § 200 and common-law negligence claims against it. The hazardous condition of the trench, exacerbated by rainfall, was central to the claims.

Labor Law § 240(1)Summary JudgmentContractual IndemnificationTrench CollapseConstruction AccidentGravity-Related RiskIndustrial Code ViolationsCommon-Law NegligenceAppellate DivisionThird-Party Claims
References
5
Case No. ADJ8195644, ADJ8195735, ADJ8195670
Regular
May 03, 2018

ENRIQUE CASTRO vs. CITY OF GLENDALE

This case involves the City of Glendale's petition for reconsideration of workers' compensation awards for firefighter Enrique Castro. The appeals board granted reconsideration to amend the award for injuries sustained on October 23, 2008 (ADJ8195735), specifically reducing the permanent disability from the inclusion of a right ankle injury. The WCAB affirmed the WCJ's findings for the cardiovascular and GERD claims from 2009-2010 (ADJ8195644) and the July 20, 2009 heart injury (ADJ8195670). The decision ultimately modifies the permanent disability award for ADJ8195735 to 23% without the right ankle contribution.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWhole Person ImpairmentCardiovascular DiseaseGERDRight Ankle InjuryFire FighterPermanent DisabilityDisability Indemnity
References
3
Case No. 2017 NY Slip Op 02379
Regular Panel Decision
Mar 28, 2017

Bayona v. Hertz Corp.

Plaintiff Enrique Bayona, an employee of nonparty CB Richard Ellis, was assigned to work at Hertz locations and subsequently sued Hertz Corporation. Hertz moved for summary judgment, contending that Bayona was a special employee, which would bar the action under Workers' Compensation Law. The Supreme Court denied Hertz's motion and, sua sponte, granted plaintiff partial summary judgment, ruling that he was not a special employee. The Appellate Division, First Department, affirmed this decision. The court found that despite Hertz directing the manner of Bayona's work, CB Richard Ellis retained significant control, including paying wages, the right to hire/discharge/reassign, and supervisory oversight, thus preventing a finding of 'complete and exclusive control' by Hertz necessary for special employee status.

Special Employee DoctrineSummary JudgmentWorkers' Compensation BarAppellate DivisionControl TestEmployer-Employee RelationshipLabor LawJoint EmploymentContractual ControlVicarious Liability
References
4
Case No. ADJ14382634
Regular
Nov 04, 2025

ENRIQUE SANCHEZ vs. SAFEWAY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Applicant Enrique Sanchez filed a petition for removal from a WCJ's order of continuance, arguing that discovery was incomplete. The defendant, Safeway, responded, and the WCJ recommended dismissing the petition. The Workers' Compensation Appeals Board reviewed the arguments and determined that removal is an extraordinary remedy. The Board found no substantial prejudice or irreparable harm to the applicant, concluding that reconsideration would be an adequate remedy if necessary. Consequently, the Board denied the petition for removal.

Petition for RemovalWCABOrder of ContinuanceDiscoveryWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial Evidence
References
6
Case No. ADJ9440140, ADJ9440142, ADJ10107862
Regular
Aug 14, 2017

ENRIQUE SANTANA vs. HALEY BROS., INC.; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Enrique Santana's Petition for Reconsideration because it was untimely filed. California law generally allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. Crucially, a petition must be *received* by the WCAB within this jurisdictional timeframe, not merely mailed. Santana's petition was filed on July 7, 2017, more than 25 days after the WCJ's June 8, 2017 decision, making it untimely and requiring dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimely FilingWCJ DecisionLabor CodeCalifornia Code of RegulationsJurisdictional LimitUntimely PetitionDismissedMaranian v. Workers' Comp. Appeals Bd.
References
4
Case No. ADJ7874883
Regular
Apr 10, 2013

ENRIQUE ESPINOZA vs. MARTIN PROPERTIES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed Enrique Espinoza's Petition for Reconsideration against Martin Properties and Sedgwick Claims Management Services. The dismissal was primarily due to the petition not being timely filed. Even if it had been timely, the Board would have denied it on the merits, adopting the reasoning of the administrative law judge. Therefore, the petition is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalTimely FiledWCJ ReportAdministrative Law JudgeSedgwick Claims Management ServicesMartin PropertiesEnrique EspinozaAnaheim District Office
References
0
Case No. ADJ11128741 ADJ11030691
Regular
Sep 13, 2019

BARTOLOME ENRIQUE MORAN vs. RANDSTAD, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Bartolome Enrique Moran's petition for reconsideration, upholding the WCJ's decision. The WCJ's credibility determinations regarding the applicant's testimony were given great weight, supported by the manager's testimony and a persuasive QME report. The Board found no substantial evidence to warrant rejecting the WCJ's findings that the applicant's claimed injuries lacked credible documentation and industrial causation. Therefore, the petition was denied.

Petition for ReconsiderationAugment the RecordWCAB Rule 10848WCJ credibility determinationsGarza v. Workmen’s Comp. Appeals Bd.substantial evidenceindustrial causationQME reportDr. Hanleyobjective abnormalities
References
4
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