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

Case No. ADJ10755627 ADJ9735622
Regular
Dec 24, 2018

ANTHONY KOUTRIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an award granting temporary total disability (TTD) benefits to applicant Anthony Koutris. The defendant challenged the TTD period from February 8, 2017, to March 9, 2017, arguing it lacked sufficient medical evidence. The Board adopted the judge's report, finding that applicant's testimony and a doctor's report constituted substantial evidence of TTD during that period. A dissenting opinion argued that medical evidence was lacking for the February 8 to March 8, 2017 period, suggesting TTD should have commenced on March 9, 2017.

Workers' Compensation Appeals Boardlegally uninsuredModified Findings and Awardtemporary total disabilitysubstantial credible medical evidencePetition for ReconsiderationApplicant's testimonyDr. Pelton's reportdissenting opinionconcurrent scientific medical evidence
References
1
Case No. MISSING
Regular Panel Decision

Gomez v. F & T International LLC

This case involves two undocumented construction workers, Gomez and Livicura, who were injured in a demolition accident on February 4, 2005. The property owner, F & T Int’l (Flushing, New York) LLC, and the general contractor, Top 8 Construction Corp., moved to compel further depositions of the plaintiffs regarding their immigration status and income tax returns to mitigate lost wage claims. The court, citing Balbuena v IDR Realty LLC, denied the defendants' motion, ruling that a worker's alien status is irrelevant for lost wage claims when no false documents were used. The court emphasized that the onus of verifying work authorization lies with the employer, not the employee, and highlighted the disingenuousness of employers raising immigration status concerns only after an injury, deeming it an attempt to intimidate plaintiffs.

Construction AccidentUndocumented WorkersLost Wages ClaimImmigration StatusEmployer SanctionsIRCAWorkers' RightsDemolition IndustryPersonal InjuryEmployer Liability
References
16
Case No. ADJ4615548 (VNO 0497034) ADJ1524834 (VNO 0497035)
Regular
Feb 14, 2011

JULIA DE CASAS vs. GRIMWAY ENTERPRISES

This case involves a lien claimant seeking reconsideration after their $\$8,134.77$ medical treatment lien was disallowed by the WCJ for untimeliness. The lien was filed on February 8, 2010, for treatment rendered between June 2004 and February 2005, well after the August 3, 2006, Order Approving Compromise and Release and exceeding statutory filing deadlines. The claimant argued the lien was enforceable once the defendant was aware of the services and that the defendant had "unclean hands" for failing to disclose pending charges. The Board denied reconsideration, upholding the WCJ's finding that the lien claim was time-barred per Labor Code section 4903.5.

Workers' Compensation Appeals BoardGrimway EnterprisesTristar Risk ManagementEMSI Physicians NetworkTomas RiosAlpha Billing & CollectionsRicardo MuñozPetition for ReconsiderationLien ClaimantRulings Findings of Fact & Order
References
1
Case No. MISSING
Regular Panel Decision

Nardolillo v. Sovinsky

Plaintiffs, members of the Tile, Marble and Terrazzo Helpers Subordinate Union No. 8, sought to recover funds contributed by their employer to a trust fund. They argued that the discontinuation of employer contributions rendered them ineligible for benefits, making the trust's purpose impossible and leading to unjust enrichment by the fund. Defendants countered that such payments would violate the trust agreement and IRS provisions, maintaining that plaintiffs remained eligible. The court determined that the fund was a common trust, not individual escrowed accounts, and upheld the trustees' interpretation that ensured plaintiffs' continued eligibility, preventing a forfeiture of rights. Consequently, the plaintiffs' motion was denied, and the defendants' motion to dismiss was granted.

Union Trust FundEmployee BenefitsEmployer ContributionsTrust AgreementBenefit EligibilityFund AdministrationBreach of TrustFiduciary DutyDismissal MotionLabor-Management Relations Act
References
6
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
0
Case No. ADJ2114004
Regular
Apr 08, 2010

LAUS LOPEZ vs. WATERWORKS LANDSCAPE CONSTRUCTION, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration as untimely. The lien claimant sought to overturn the dismissal of its lien, arguing its representative was present at the hearing and responded to the notice. However, the Board found the petition was filed one day late, on February 9, 2010, after the deadline of February 8, 2010, due to the prior order being served by mail. Therefore, the petition was dismissed for failing to meet the jurisdictional time limit.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienWorkers' Compensation Administrative Law JudgeUntimely PetitionJurisdictional Time LimitLabor Code 5903Code of Regulations 10562
References
2
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. ADJ7250315
Regular
Feb 14, 2020

ROBYN ARIAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a correctional officer's cumulative trauma claim. The employer sought reconsideration, arguing the cumulative trauma ended on July 8, 2014, as the applicant allegedly sustained no disability prior to that date. However, the Board denied reconsideration, affirming the WCJ's finding that the applicant experienced disability earlier due to chemotherapy for non-Hodgkins lymphoma. This disability, occurring from February 2007 to February 2008, establishes the injury's cumulative trauma period under Labor Code section 5412.

Cumulative traumaCorrectional officerLumbar spine injuryPsyche injuryNon-Hodgkins LymphomaPermanent disability indemnityCompensable consequence injuryLabor Code section 5412Date of injuryCumulative injury end date
References
5
Case No. ADJ9638409
Regular
Jan 11, 2019

PHOEBE McBENNETT vs. LONG BEACH UNIFIED SCHOOL DISTRICT

In McBennett v. Long Beach Unified School District, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration to address the award of temporary disability benefits. The WCAB found that while medical evidence supported temporary total disability from September 4, 2014, to February 1, 2015, the issue of whether applicant was bound by a prior stipulation waiving temporary disability benefits through February 8, 2016, remained unresolved. The Board deferred the temporary disability issue and remanded the case to the WCJ for further proceedings to determine if good cause existed to withdraw from the stipulation. The WCAB affirmed the permanent disability award and medical treatment provision.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementInc.Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityVoluntary RetirementMedical EvidenceStipulation
References
1
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