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

Case No. ADJ7756309
Regular
Jan 09, 2012

Miguel Robles vs. Evolution Fresh, Inc., Amtrust North America

In **Robles v. Evolution Fresh, Inc.**, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration. This action was taken to allow further study of the factual and legal issues presented in the case. The Board aims to issue a just and reasoned decision after thorough review and potential further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Decisionstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneDejdra E. Lowe
References
0
Case No. MISSING
Regular Panel Decision
Jun 10, 1999

Tworek v. Mutual Housing Ass'n of New York, Inc.

The injured plaintiff, Cezary Tworek, an employee of Fresh Meadows Painting Corp., d/b/a Fresh Meadows Construction Contractors, suffered personal injuries after falling from a defective A-frame ladder while installing a structural beam. The incident occurred in a building owned by Mutual Housing Association of New York, Inc. (MHANY), which had contracted Fresh Meadows for renovation work. The Supreme Court granted Tworek partial summary judgment on liability under Labor Law § 240 (1), citing the uncontroverted evidence of the ladder's defective condition. Additionally, MHANY's cross-motion for summary judgment against Fresh Meadows on issues of contractual and common-law indemnification was granted, as MHANY's liability was vicarious, and Fresh Meadows was contractually responsible for safety equipment and controlled the work.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentContractual IndemnificationCommon-law IndemnificationVicarious LiabilityDefective EquipmentConstruction SiteEmployer Liability
References
5
Case No. ADJ9442434
Regular
Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board case, *Hernandez v. Taylor Fresh Foods*, involves a petition for reconsideration that was dismissed as untimely. The Board found that the petition was filed over 25 days after the administrative law judge's decision, exceeding the jurisdictional deadline. Proof of mailing was insufficient; the petition needed to be *received* by the Board within the statutory period. Consequently, the Board lacked the authority to review the petition's merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Proof of Mailing InsufficientMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
4
Case No. 526239
Regular Panel Decision
Dec 20, 2018

Matter of Papadakis v. Fresh Meadow Power NE LLC

Claimant Matt Papadakis sustained work-related injuries in January 2015 and was awarded workers' compensation benefits. Subsequently, surveillance footage and social media evidence revealed that the claimant had made false representations regarding his physical limitations and activities. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's ruling that claimant violated Workers' Compensation Law § 114-a and disqualified him from receiving future wage replacement benefits. The Appellate Division affirmed the finding of a violation based on substantial evidence but remitted the matter to the Board because it failed to provide a reason for the imposition of the discretionary sanction disqualifying future wage replacement benefits, thus preventing appellate review.

Workers' Compensation BenefitsFalse StatementMaterial FactSurveillance EvidenceSocial Media EvidenceWage Replacement BenefitsDisqualificationAppellate ReviewRemittalJudicial Review
References
12
Case No. ADJ7932966
Regular
Oct 26, 2018

JUAN CARLOS ROMERO vs. EVOLUTION FRESH, TECHNOLOGY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an award of permanent total disability. The Board found that the applicant's vocational expert's report lacked substantial evidence, as it improperly increased work restrictions and relied on external sources without connecting them to the medical record. Consequently, the Board rescinded the original award and returned the case to the judge for a new decision. This new decision must be based on the medical opinions of Drs. Berman, Justice, and Vally-Mahomed, which constitute substantial evidence.

Workers' Compensation Appeals BoardPermanent Total DisabilityVocational ExpertSubstantial EvidencePermanent Disability Rating ScheduleAgreed Medical ExaminerQualified Medical ExaminerWhole Person ImpairmentMajor Depressive DisorderGlobal Assessment of Functioning Scale
References
2
Case No. MISSING
Regular Panel Decision

Evolution Online Systems, Inc. v. Koninklijke Nederland N.V.

This case, on remand from the Second Circuit, involves claims of breach of contract, copyright infringement, and quantum meruit. The Court had previously dismissed the complaint, citing a forum-selection clause mandating litigation in the Netherlands. The Second Circuit remanded to clarify whether a contract with such a clause existed and if it should be enforced, or if dismissal was appropriate on forum non conveniens grounds. The District Court affirmed that a binding contract with a mandatory Netherlands forum-selection clause existed and should be enforced due to significant partial performance and mutual intent to be bound, despite the lack of a signed document. The court also determined that even without the clause, the case would be dismissed on grounds of forum non conveniens, as the Netherlands offers an adequate alternative forum and is more convenient based on public and private interest factors, including the location of proof and the applicability of Dutch law.

Contract disputeCopyright infringementQuantum meruitForum-selection clauseForum non conveniensInternational litigationDutch lawNew York lawSecond Circuit remandBreach of contract
References
21
Case No. ADJ7755681, ADJ7876948
Regular
Sep 15, 2014

JOSEPHINE RODRIGUEZ vs. JUICE HARVEST EVOLUTION FRESH, COMPWEST, INSURANCE COMPANY OF THE WEST, MAJESTIC INSURANCE AND TECHNOLOGY INSURANCE

The Appeals Board granted reconsideration and rescinded a prior order dismissing Dr. Montgomery's lien for non-appearance. The dismissal was based on a failure to appear at a lien conference and insufficient cause for absence, but Dr. Montgomery argued he was never served with the order. Due to the lack of proof of service and Dr. Montgomery's actual knowledge of the order only upon appearing at a later conference, the Board found his petition timely filed and his due process rights violated. The matter is returned to the trial level for a decision on the merits of the lien.

Petition for RemovalPetition for ReconsiderationOrder Dismissing Lien ClaimsNon-Appearance at Lien ConferenceCode of Regulations Section 10562Compromise and ReleaseExcusable NeglectProof of ServiceDue ProcessPetition Untimely
References
4
Case No. ADJ9181559
Regular
Sep 09, 2014

EXTRAIN CERVANTES vs. GARDEN FRESH RESTAURANT CORPORATION, TRAVELERS INSURANCE COMPANY

This case involves a petition for reconsideration and removal filed by the defendant, Garden Fresh Restaurant Corporation and its insurer, Travelers Insurance Company. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was improperly filed against a non-final interlocutory order. The WCAB also denied removal, finding no showing of substantial prejudice or irreparable harm. The defendant's attorney was admonished for filing the petition against a clearly non-final ruling.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWCJ RulingAdministrative Law JudgeTravelers Insurance Company
References
6
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
0
Case No. ADJ8334684
Regular
Sep 09, 2013

ABEL RODRIGUEZ vs. RIVER RANCH FRESH FOODS, LLC, ZURICH NORTH AMERICA

In this workers' compensation case, the applicant, Abel Rodriguez, filed a petition for reconsideration after an adverse ruling. The applicant alleged an industrial injury to his back sustained on December 31, 2011, while employed by River Ranch Fresh Foods, LLC. The Workers' Compensation Appeals Board denied the petition, adopting the findings of the administrative law judge. The judge found the applicant’s testimony regarding the injury and its reporting to be credible and unrebutted, despite minor inconsistencies that did not materially impact his credibility. The Board gave great weight to the judge's credibility determinations, affirming the denial of reconsideration.

WCABPetition for ReconsiderationOrder DenyingCredibilityAOE/COELabor Code Section 3202.5Witness TestimonyImpeachmentMedical EvidenceCausation
References
1
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