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

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ6957361
Regular
Jan 12, 2012

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a petition for reconsideration by Fresno Unified School District regarding a workers' compensation award for Roberto Barajas. The District challenged the permanent disability rating, arguing the Agreed Medical Examiner improperly included grip strength loss alongside range of motion limitations, contrary to AMA Guides guidelines. Additionally, the District contested a 10% penalty for delayed permanent disability advances and sought a reduction in benefits based on an offer of regular work. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's findings on the permanent disability rating by finding the AME appropriately applied *Almaraz/Guzman II* principles for calculating impairment. The Board also upheld the penalty for delayed advances and rejected the District's claim regarding work offer reductions.

Workers' Compensation Appeals BoardFresno Unified School DistrictRoberto BarajasFindings of Fact and Awardpermanent disabilityright wrist injuryright hand injuryright finger injurygroundskeeper/gardenerLabor Code section 4650
References
3
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
Case No. FRE 0193412
Regular
Feb 01, 2008

THERESA BLACKBURN vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted the Fresno Unified School District's petition for reconsideration of a prior decision. This action was taken to allow further study of the factual and legal issues involved. The Board will issue a Decision After Reconsideration following this review.

Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardFRESNO UNIFIED SCHOOL DISTRICTStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsReconsideration Unit
References
0
Case No. ADJ1660426 (FRE 0225153)
Regular
Jul 19, 2012

Barbara Haskin vs. Fresno Unified School District

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Access Mediquip against Fresno Unified School District. The WCJ had previously ruled that the lien claimant take nothing, finding the defendant had no obligation to them. However, the Appeals Board found the record deficient, lacking admitted evidence necessary for a fair adjudication. Consequently, the prior decision was rescinded, and the case was returned for further proceedings and a new decision.

Access MediquipPinnacle Lien Servicesspinal surgeryimplantable devicesSynthes invoiceadmitted evidenceevidentiary recordFileNetEAMSHamilton v. Lockheed
References
2
Case No. ADJ300431 (FRE 0203618) ADJ1896245 (FRE 0203619) ADJ3576423 (FRE 0203620)
Regular
Feb 11, 2014

SHERRILL PERKINS vs. FRESNO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involves Sherrill Perkins' claim against Fresno Unified School District for cumulative trauma injuries from classroom hazardous conditions. The Board granted reconsideration after Perkins amended her petition to meet page limitations. While affirming the Administrative Law Judge's findings on most body parts, the Board amended the award to correct the temporary disability rate based on stipulations and to increase the permanent disability rate. The decision also addressed attorney fees and other disputed issues.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardCumulative TraumaPsyche InjuryRespiratory SystemTemporary DisabilityPermanent DisabilityApportionmentPenalties
References
1
Case No. ADJ7196730, ADJ7054620
Regular
Sep 09, 2013

PATRICK ADAMS vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted Patrick Adams' petition for reconsideration regarding his denied cumulative trauma heart injury claim against Fresno Unified School District. The WCJ had previously found the applicant's heart attack resulted from pre-existing conditions, not work stress. The Board found the medical evidence deficient, specifically regarding the applicant's job stress, and remanded the case for further development of the record. This includes requiring supplemental reports from the medical experts focusing solely on the inherent stress of the special education teaching role and its potential contribution to the cardiac condition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative TraumaCardiac ConditionSpecial Education TeacherOccupational StressMedical ExpertsPanel Qualified Medical ExaminerPsychiatric EvaluationFurther Development of Record
References
4
Case No. ADJ10404115
Regular
Jan 05, 2018

JULIE LOPEZ vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the Fresno Unified School District's petition for removal, upholding the administrative law judge's order to take the applicant's new and further disability claim off calendar. The Board found that the defendant failed to demonstrate irreparable harm or prejudice, as the WCJ's discretion to develop a deficient medical record does not violate due process. Furthermore, the Board concluded that the doctrine of res judicata does not bar the applicant's claim for left shoulder injury, as this issue was not previously decided on its merits. The defendant's attempt to obtain a summary judgment on the claim's permissibility is also prohibited by the rules of procedure.

Petition for RemovalNew and Further DisabilityRes JudicataDue ProcessMedical RecordStipulations with Request for AwardQualified Medical EvaluatorOff CalendarAdjudicationWCJ Discretion
References
9
Case No. MISSING
Regular Panel Decision

Agyeman v. Roosevelt Union Free School District

Plaintiff Ak-ousa Agyeman, an elementary school teacher, filed a civil rights action against the Roosevelt Union Free School District and several individuals, alleging violations of her First Amendment rights and retaliation under 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. Agyeman claimed she was retaliated against for engaging in protected speech, specifically through internal emails and a letter to the New York State Education Department, regarding student needs, District policies, and alleged legal violations. Defendants moved for summary judgment, arguing her speech was not constitutionally protected. The Court granted the defendants' motion, concluding that Agyeman's speech was made as a public employee performing official duties, not as a private citizen, and therefore was not protected by the First Amendment. Consequently, the Section 1983 claim was dismissed, and the remaining state law claim was dismissed without prejudice for re-filing in state court.

First Amendment retaliationPublic employee speechCivil rights actionSummary judgmentNew York State law claimDismissal without prejudiceTeacher employment disputeSchool district liabilityFreedom of speechOfficial duties
References
56
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