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Case Law Database

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

Case No. MISSING
Regular Panel Decision

MacTaggart v. Gibbs & Cox. Inc.

This appeal concerns the dismissal of an action for failure to prosecute for over five years. The plaintiffs' primary excuse for the delay was their involvement in another litigation concerning similar issues. However, the court found that the issues in the two cases were not identical, and a significant period of a year and a half elapsed after the conclusion of the prior litigation without any further action on the present case. The court also considered the prejudice to the defendant, noting the difficulty and impracticability of recouping extra costs from clients related to contracts completed between February 1944 and December 1945. Consequently, the court affirmed the dismissal of the action.

failure to prosecutedismissal of actionappellate reviewdiscretionary powerprejudice to defendantdelay in litigationstipulationsamended complaintnote of issueextra compensation
References
1
Case No. MISSING
Regular Panel Decision

Millson v. Manfredo

This paternity proceeding challenges the constitutionality of Family Court Act § 517(a), which sets a five-year Statute of Limitations for mothers to commence such proceedings, arguing it violates equal protection. The respondent moved to dismiss because the petition was filed over five years after the child's birth. The court examined whether the statute impermissibly differentiates between male and female petitioners and between legitimate and illegitimate children. It concluded that the differing limitation periods for mothers and fathers are unjustified, as their rights are now identical. Furthermore, the court found that the five-year statute is not substantially related to preventing stale or fraudulent claims, especially when considering the longer periods for public welfare officials and advancements in blood testing. Consequently, the court determined the petitioner's claim, filed approximately 6.5 years post-birth, to be timely, and denied the respondent's motion to dismiss.

Paternity ProceedingsStatute of LimitationsEqual Protection ClauseConstitutional LawFamily LawGender DiscriminationIllegitimate Children RightsChild SupportJudicial ReviewFamily Court Act
References
12
Case No. 57
Regular
Apr 28, 2011

LAURIE TRINIDAD vs. ALBERTSON'S, PSI, Administered by SPECIALTY RISK SERVICES

This case concerns an applicant's claim for temporary disability benefits beyond five years from the date of injury. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision that it lacked jurisdiction to award these benefits. The WCAB determined that while the applicant experienced new periods of disability after the five-year mark, no petition to reopen or for new and further disability was filed within the statutory period following a prior order awarding temporary disability. The Board distinguished this case from prior decisions where jurisdiction extended beyond five years due to the absence of any prior award or a continuing award that was improperly terminated.

Workers Compensation Appeals BoardLaurie TrinidadAlbertson'sSpecialty Risk ServicesOpinion and Decision After Reconsiderationtemporary disability benefitsjurisdictiongrocery checkerlumbar spinebilateral shoulders
References
12
Case No. MISSING
Regular Panel Decision

Behan v. Behan

Justice Balletta concurs in part and dissents in part, advocating for a modification of the trial court's maintenance award to the wife. The trial court initially awarded the wife $150 per week for five years, while the majority proposed 10 years or until the husband's retirement. Justice Balletta argues for an eight-year maintenance period, citing the wife's age (46), high school education with some college, and five years of work experience as a school aide earning $11,000 annually. The husband, age 47, earned $55,000. The wife received approximately $250,000 in equitable distribution and a portion of the husband's pension. The opinion emphasizes the Equitable Distribution Law's goal of economic independence and self-sufficiency, suggesting an eight-year period is sufficient for the wife to gain further training and become financially independent, especially since her children are emancipated and she will have investment income.

maintenanceequitable distributiondivorcespousal supporteconomic independencemarital assetsduration of maintenancefinancial independenceself-supporting spouseappellate division
References
16
Case No. ADJ3138312 (WCK 0059967)
Regular
Jul 05, 2011

GREGORY McBEE vs. AMERICAN DESIGN ROOFING, CIGA, LEGION INSURANCE COMPANY

The Appeals Board rescinded a prior award of temporary disability benefits because the applicant's period of temporary disability commenced more than five years after his date of injury. The Board found that Labor Code section 5410, which allows for claims of new and further disability within five years of injury, did not apply here. Jurisdiction to award temporary disability beyond five years is limited to continuous disability that began within that timeframe, which was not established. The case was returned for further proceedings on the issue of permanent disability.

Petition to reopennew and further disabilitytemporary disability indemnityjurisdictionfive-year limitationdate of injurystipulated awardAgreed Medical Evaluatorwrit deniedsubstantial medical evidence
References
4
Case No. ADJ2378668 (FRE 0197604)
Regular
Nov 21, 2008

DANIEL LOERA vs. BOB JONES PAINTING, LWP CLAIMS SOLUTIONS, Security Insurance Company of Hartford

The Board granted reconsideration to reverse an award of temporary total disability benefits. The WCJ erred in awarding continuing temporary disability as it began more than five years after the date of injury, a period beyond the Board's jurisdictional authority. The decision emphasizes that temporary disability indemnity may not be awarded for a period commencing more than five years from the date of injury, even if surgery was recommended or delayed.

Cumulative traumaTemporary total disabilityFive-year limitationDate of injuryReconsiderationFindings and AwardPetition to reopenContinuing jurisdictionEstoppelSurgical delay
References
6
Case No. ADJ1718605 (RIV 0018154)
Regular
May 20, 2011

SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc.

In this workers' compensation case, the Appeals Board granted reconsideration, striking the award for additional temporary disability indemnity. The Board clarified that while jurisdiction exists to award temporary disability beyond five years from the injury date if a timely reopening petition is filed, this only applies to continuous disability that bridges the five-year mark. A new, non-continuous period of temporary disability arising more than five years after the injury, even with a timely filed petition, falls outside the Board's jurisdiction. The Board otherwise affirmed the original findings and award.

New and further disabilityStatute of limitationsTemporary total disabilityReconsiderationFindings and AwardQualified medical evaluatorSubstantial evidenceLabor Code section 5410Labor Code section 5803Labor Code section 5804
References
16
Case No. ADJ10177344
Regular
May 16, 2016

DARRELL WOODS vs. NORTH COUNTY FIRE PROTECTION DISTRICT

Applicant Darrell Woods sought reconsideration of a WCJ's decision denying additional temporary disability indemnity beyond five years from his January 4, 2011 industrial injury. The WCJ correctly found that Labor Code section 4656(c)(2) limits temporary disability payments to 104 weeks within a five-year period from the date of injury. Unlike precedent cited by the applicant, no stipulation was made within the five-year window to continue discovery on temporary disability entitlement. Therefore, the Appeals Board denied the petition for reconsideration, affirming the WCJ's decision.

Labor Code section 4656(c)(2)temporary disability indemnitydate of injuryfive year limitationpetition for reconsiderationindustrial injuryheart injuryhypertensionparamedic/engineersalary continuation
References
4
Case No. ADJ3519701
Regular
Nov 04, 2013

SHERYL SEIFERT vs. BLOCKBUSTER VIDEO, SEDGWICK RIVERSIDE

The applicant, injured in 2001, sought further temporary disability benefits more than five years after her injury date. While the Workers' Compensation Appeals Board (WCAB) generally retains jurisdiction for benefits beyond five years if no final award has been issued, this case involved a prior stipulated award of temporary disability that was subsequently terminated. Therefore, to seek additional benefits, the applicant was required to file a petition to reopen or for new and further disability within the five-year statutory period. Since no such petition was filed within the timeframe, the WCAB properly denied the applicant's petition for reconsideration, upholding the WCJ's finding of lack of jurisdiction to award further benefits.

Petition for ReconsiderationTemporary Disability BenefitsDate of InjuryJurisdictionAward TerminationPetition to ReopenNew and Further DisabilityInsidious Progressive DiseaseStated ReasonsAdministrative Law Judge
References
11
Case No. ADJ7811907
Regular
Jul 10, 2017

KYLE PIKE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration, affirming an award of temporary disability and salary continuation benefits to Kyle Pike. Despite the benefits extending beyond five years from the injury date, the Board found applicant's temporary disability commenced within that period and was limited to 104 weeks. This decision aligns with a judicial interpretation that allows such awards when a timely petition to reopen is filed and benefits begin within the statutory five-year window. The dissenting opinion argued that Labor Code section 4656(c)(2) strictly prohibits temporary disability payments beyond five years from the injury date for injuries after January 1, 2008.

Labor Code section 4850temporary disability benefitsPetition to ReopenLabor Code section 4656(c)(2)five-year limitation104 weeksDeputy Sheriff Detentiondate of injurycontinuing jurisdictionnew and further disability
References
10
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