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

Case No. ADJ12441930
Regular
Dec 21, 2020

MARIA ESQUIVEL vs. THE PERMANENTE MEDICAL GROUP

This case involves a worker's compensation claim for a psychiatric injury sustained by Maria Esquivel against The Permanente Medical Group. The Appeals Board denied the employer's petition for reconsideration, affirming the finding that Esquivel's injury was predominantly caused by actual events of employment, not merely a stage for personal issues. Evidence included coworker harassment, a restraining order against a coworker who stalked her daughter using company resources, and threats perceived as life-threatening. The Board distinguished this case from precedent where workplace gossip was deemed incidental, finding instead a direct causal link between Esquivel's employment and her injury.

WCABPetition for ReconsiderationExecutive Order N-68-20Atascadero Unified School District v. Workers' Comp. Appeals Bd. (Geredes)causal connectionpsychiatric injuryneuropsychological panel qualified medical examinationDr. Kyle Van Gaasbeekco-employeesGlenda Carrera
References
5
Case No. 2017 NY Slip Op 03155 [149 AD3d 1040]
Regular Panel Decision
Apr 26, 2017

Esquivel v. 2707 Creston Realty, LLC

The plaintiff's decedent, an elevator mechanic, sustained injuries after falling from a permanent ladder while descending from an elevator motor room in a building owned by the defendant. The plaintiff initiated an action alleging violations of Labor Law §§ 200, 240(1) and common-law negligence. The Supreme Court denied summary judgment on Labor Law § 240(1) liability for the plaintiff and dismissed the Labor Law § 200 and common-law negligence claims against the defendant. On appeal, the Appellate Division affirmed the lower court's order, finding triable issues of fact regarding the adequacy of the ladder under Labor Law § 240(1). The appellate court also upheld the dismissal of the Labor Law § 200 and common-law negligence claims, concluding the defendant neither created nor had actual or constructive notice of the dangerous condition.

Labor Law § 240(1)Labor Law § 200Common-Law NegligenceElevator AccidentLadder SafetyWorkplace AccidentPersonal InjurySummary JudgmentAppellate DivisionProperty Owner Liability
References
16
Case No. ADJ9831208
Regular
Sep 09, 2016

MANUEL ESQUIVEL vs. MJH DESIGN BUILDERS, INC, TOWER INSURANCE CO. OF NEW YORK

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, finding insufficient evidence to bar Manuel Esquivel's claim by the statute of limitations. The employer had knowledge of the industrial injury claim around February 15, 2013, but failed to provide required written notice of workers' compensation rights to the applicant. The Board also noted that the employer's stipulation to providing some medical treatment could estop them from asserting the statute of limitations defense. The case is returned for further proceedings to determine the applicability of the statute of limitations.

Workers Compensation Appeals BoardManuel EsquivelMJH Design BuildersTower Insurance Co.AmtrustStatute of LimitationsLabor Code section 5410Labor Code section 5405Petition for ReconsiderationFindings and Order
References
14
Case No. ADJ98 84194
Regular
Apr 13, 2016

JOSE JUAN ESQUIVEL vs. BODEGA LATINA CORP DBA EL SUPER, SAFETY NATIONAL CASUALTY CORP

This case involves applicant Jose Juan Esquivel's petition for reconsideration of a workers' compensation finding. The Workers' Compensation Appeals Board dismissed the petition because it was "skeletal" and failed to meet specific statutory and regulatory requirements. The petition did not detail the grounds for reconsideration, cite evidence, or clearly state contentions as mandated by Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Additionally, the proof of service was defective under Rule 10850, providing a separate basis for dismissal.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902WCAB Rules 10842WCAB Rules 10846WCAB Rules 10852Unsupported EvidenceSpecific ReferencesMaterial EvidenceDefective Proof of Service
References
3
Case No. ADJ4581305
Regular
Sep 20, 2011

ROBERTO ESQUIVEL vs. ALBERTSON'S, SPECIALTY RISK SERVICES

In this workers' compensation case, the defendant sought removal of the WCJ's order setting a lien trial, alleging due process violations and irreparable harm due to the denial of a continuance. The Appeals Board granted the petition, rescinded the trial order, and returned the matter to the trial level. This decision acknowledges disputed factual and legal issues regarding the lien claimant's lien that were not adequately addressed. The Board expects improved conduct from parties in future proceedings.

Petition for RemovalLien TrialDue ProcessIrreparable HarmCompromise and ReleaseLien ClaimantTimelinessFileNetAppeals BoardWCJ
References
0
Case No. ADJ4476010 (SDO 0342658) ADJ4527276 (SDO 0343898)
Regular
Oct 27, 2008

TANIA ESQUIVEL vs. CORRECTIONS CORPORATION OF AMERICA SAN DIEGO DETENTION, NEW HAMPSHIRE INSURANCE COMPANY

This case involved an applicant injured in a motor vehicle accident while traveling to a medical appointment for prior industrial injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the trial judge's finding that the motor vehicle accident was a compensable consequence. The WCAB ruled the injury was not compensable due to the excessive distance from the applicant's home and the medical provider, thus exceeding the employer's reasonable geographic risk.

Workers' Compensation Appeals Boardcompensable consequenceindustrial injurymotor vehicle accidentcorrectional officerprimary treating physicianBehavior Pain ServicesLabor Codegoing and coming rulespecial mission
References
3
Case No. ADJ9577721
Regular

RENE ESQUIVEL vs. MID STATE STEEL ERECTORS, INC., administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in case ADJ9577721. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The WCAB gave significant weight to the WCJ's credibility determination, as the judge observed witness demeanor. No substantial evidence warranted rejecting the WCJ's credibility findings.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.administrative law judge reportdenial of reconsiderationsubstantiality of evidencewitness demeanorlegal precedentcase ADJ9577721
References
1
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