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

Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. ADJ1510738 (SJO 0251902)
Regular
Feb 13, 2009

XXZZX SJO2 vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a Subsequent Injuries Benefits Trust Fund (SIF) petition to reconsider an untimely dismissal of their initial petition. The SIF argued their petition was timely filed but not date-stamped due to clerk training. The Appeals Board rescinded the dismissal and addressed the merits of the SIF's original petition. The core issue was the interpretation of Labor Code section 4659(c) regarding the commencement of annual increases to permanent total disability indemnity for injuries occurring on or after January 1, 2003. The Board affirmed the finding that these increases begin on January 1 following the date of injury, not from the date of the first payment, to protect injured workers from inflation.

Subsequent Injuries Benefits Trust FundPetition for Reconsiderationuntimely filedFindings and Awardindustrial injurypre-existing disabilitypermanent disabilityLabor Code section 4659life pensiontotal permanent disability indemnity
References
0
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Stewart Stamping Corp. & Uprichard

This case addresses a motion to stay arbitration. The respondent, a local labor union, intended to arbitrate disputes with an employer under a collective bargaining agreement. However, the union had previously engaged in picketing and a strike against the employer, actions explicitly prohibited by the agreement which also provided for arbitration as a dispute resolution method. The employer had successfully sued the union to restrain the picketing, obtaining a temporary injunction that was later affirmed by the Appellate Division. The court deemed it inequitable to allow the union to pursue arbitration while simultaneously disregarding other express provisions of the agreement through striking and picketing. Consequently, the motion to stay arbitration was granted.

Arbitration stayLabor union disputeCollective bargaining agreementStrike actionPicketingContractual waiverInjunction affirmedEquitable reliefCivil Practice ActDispute resolution
References
1
Case No. MISSING
Regular Panel Decision

Rothenberg v. Erie Metal Stamping Co.

Plaintiff Eric Rothenberg, president of Dura-Ware Company of America, was injured at the plant of Erie Metal Stamping Co., a company partially owned by Dura-Ware, while attempting to assist an employee. Rothenberg received workers' compensation benefits from Dura-Ware and subsequently filed a negligence action against Erie. The IAS Court initially granted summary judgment to Erie, ruling that Rothenberg was a "special employee" of Erie, thereby barring his lawsuit under Workers' Compensation Law. However, the appellate court reversed this decision, finding that Rothenberg was not an employee of Erie but rather a representative of Dura-Ware and a board member during his visit. Consequently, the appellate court denied Erie's motion for summary judgment and granted summary judgment to the plaintiffs, allowing the negligence action to proceed.

Special EmployeeWorkers' Compensation LawSummary JudgmentNegligence ActionCorporate OfficerBoard of DirectorsJoint VentureAppellate ReviewPersonal InjuryEmployer-Employee Relationship
References
9
Case No. MISSING
Regular Panel Decision
Feb 14, 1979

Bock v. Burns, Van Kirk, Greene & Kafer

The claimant-appellant's motion dated February 14, 1979, was denied without costs. Additionally, the court, on its own motion, dismissed the appeal from the board's decision filed September 29, 1978. The dismissal was based on the determination being nonfinal and therefore not appealable at this time. The court noted that dismissing the appeal should expedite the examination of the claimant by impartial specialists, which had been delayed due to the appeal's pendency. The claimant retains the right to seek review of any adverse rulings from the September 29, 1978 decision upon an appeal from the board's final decision in the case.

Motion PracticeAppeal DismissalNon-Final OrderExpedited ExaminationImpartial Specialists
References
0
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