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

Case No. ADJ1210279 (RIV 0062927)
Regular
Sep 03, 2010

EXENA DONOVAN vs. MARRIOTT SHDOW RIDGE RESORT

The Workers' Compensation Appeals Board (WCAB) denied Exena Donovan's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no basis to overturn the original decision. The specific reasons for the denial are detailed in the WCALJ's report, which was not provided in this excerpt. Consequently, the applicant's request for the WCAB to review and alter the previous ruling has been rejected.

Workers' Compensation Appeals BoardExena DonovanMarriott Shadow Ridge ResortPermissibly Self-InsuredPetition for ReconsiderationDenying ReconsiderationWorkers' Compensation Administrative Law JudgeReport of WCJIncorporated ReportADJ1210279
References
0
Case No. MISSING
Regular Panel Decision

Donovan v. Eastern Milk Producers Cooperative Ass'n

Plaintiff Michael H. Donovan initiated legal action against Eastern Milk Producers Cooperative Association, Inc., Milk Marketing, Inc., and individuals Lewis Gardner and Edwin Schoen, alleging breach of employment contract and age discrimination under both the ADEA and New York Human Rights Law. Donovan contended his termination was age-based, while defendants cited performance issues. The court denied the defendants' motion for summary judgment, identifying genuine issues of material fact regarding both the age discrimination claim and the breach of contract. Additionally, the court granted in part and denied in part Donovan's cross-motion for summary judgment on various affirmative defenses, affirming individual liability under New York Human Rights Law but dismissing it under the ADEA.

Age DiscriminationEmployment ContractSummary Judgment MotionNew York Human Rights LawADEAIndividual LiabilityBoard DecisionBreach of ContractMcDonnell Douglas FrameworkPretext
References
25
Case No. 2019 NY Slip Op 09078 [178 AD3d 1268]
Regular Panel Decision
Dec 19, 2019

Matter of Donovan v. DOCCS Coxsackie Corr. Facility

Danl D. Donovan, a correction sergeant, sustained a work-related hip injury. His employer, DOCCS Coxsackie Correctional Facility, advanced his wages and sought reimbursement. Following an award for a schedule loss of use, a dispute arose regarding the deduction of attorney fees from the claimant's payment, which the Workers' Compensation Board upheld. While Donovan's appeal was pending before the Appellate Division, the Board issued an amended decision based on a new legal rationale. Consequently, the Appellate Division, Third Department, dismissed the initial appeal as moot.

Workers' CompensationSchedule Loss of UseAttorney Fee DeductionReimbursement DisputeMoot AppealAppellate DivisionWork-related InjuryWage ReimbursementIndependent Medical ExaminerAdministrative Review
References
2
Case No. MISSING
Regular Panel Decision
Sep 05, 1979

Donovan v. Consolidated Freightways, Inc.

The Workers' Compensation Board initially erred in calculating claimant Donovan's partial disability compensation. On appeal, the court remanded the case, leading the Board to apply a correct method, which reduced the award from $8,054.26 to $7,233.27. The employer was reimbursed $820.99 from "Administrative Expenses" as overpayment, satisfying the prior award as per section 23 of the Workers’ Compensation Law. The employer's contention for full repayment of the original award and a reinterpretation of a prior decision regarding claimant's earnings after May 9, 1970, were both rejected. The decision of the Board was affirmed with costs against the employer.

Partial DisabilityReduced EarningsOverpaymentReimbursementSection 23 Workers' Compensation LawAppellate ReviewBoard DecisionWage CalculationRemandEmployer Liability
References
2
Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
4
Case No. ADJ7911474
Regular
Jan 22, 2019

KIA SPREWELL vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY

This case involved Kia Sprewell's workers' compensation claim against the Richard J. Donovan Correctional Facility for injuries sustained as an office assistant. The defendant sought reconsideration of the initial award, primarily contesting the commutation method for attorney fees and the substantiality of the neurologist's medical opinions. The Workers' Compensation Appeals Board granted reconsideration in part, affirming the award of permanent disability but amending the attorney fees to be commuted from the side of the life pension award. The Board found the neurologist's opinions on apportionment and rating of various injuries, including headaches and spinal issues, to be substantial medical evidence.

Workers Compensation Appeals BoardKia SprewellRichard J. Donovan Correctional FacilityState Compensation Insurance FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLife PensionAttorney Fees
References
0
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. MISSING
Regular Panel Decision

Council v. Donovan

The petitioner, James T. Council, a substitute teacher, challenged his dismissal and the cancellation of his license after refusing to participate in mandatory shelter drills, citing conscientious objections to nuclear warfare. He argued his rights under Civil Service Law § 75 and the First and Fourteenth Amendments were violated, and that the drills were ineffective. The court dismissed his petition, ruling that as a substitute teacher in the unclassified service, he was not entitled to a formal hearing under Civil Service Law § 75. While acknowledging freedom of conscience, the court affirmed that conduct is subject to reasonable governmental regulation for public safety, upholding the acting Superintendent's decision to cancel his license due to insubordination. The court concluded that the penalty was not an abuse of discretion, as public employment is contingent on complying with lawful terms set by school authorities.

Substitute TeacherLicense CancellationCivil Service LawFreedom of ConscienceFirst AmendmentFourteenth AmendmentShelter DrillsInsubordinationAdministrative RemedyJudicial Review
References
27
Case No. MISSING
Regular Panel Decision

Walsh v. Donovan

Plaintiff, an agent of the Federal Bureau of Investigation, initiated this action seeking judicial review of several decisions by the Department of Labor concerning his workers' compensation claim for injuries sustained in 1979. Although claims for head and knee injuries were approved, his back injury claim was denied, leading him to seek reconsideration and alleging a denial of due process due to a hearing representative's perceived bias. The plaintiff sought court intervention to disqualify the Department of Labor and appoint a special hearing officer. Defendants moved to dismiss the complaint, citing 5 U.S.C. § 8128(b), which generally bars judicial review of the Secretary of Labor's decisions on workers' compensation. The court granted the defendants' motion, dismissing the action because the plaintiff had not exhausted his administrative remedies within the Department of Labor, thus deeming the complaint unripe for judicial review.

Workers' CompensationFederal Employees' Compensation ActSubject Matter JurisdictionFailure to State a ClaimRipeness DoctrineExhaustion of Administrative RemediesDue ProcessJudicial ReviewAdministrative LawFBI Agent
References
8
Case No. MISSING
Regular Panel Decision

Claim of Garrio v. Donovan

A porter-cleaner, disabled since 1989 due to lung cancer, appealed a Workers’ Compensation Board decision which concluded his disabling lung condition was not work-related. Claimant’s treating physician opined that his conditions, including asbestosis, chronic bronchitis, and COPD, were causally related to occupational exposure to asbestos, coal dust, and soot. However, the employer’s expert and an impartial specialist concluded that the lung cancer and emphysema were caused by heavy cigarette smoking. The Board's decision, supported by the impartial specialist's and carrier's expert's opinions, was affirmed, finding sufficient medical evidence to resolve the conflict in opinions regarding causality.

Lung CancerAsbestosisChronic BronchitisCOPDCausationMedical Opinion ConflictExpert TestimonyWorkers' Compensation AppealOccupational ExposureCigarette Smoking
References
2
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