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

Case No. ADJ9116799
Regular
Nov 01, 2016

JOHN FLOYD vs. CYPRESS INSURANCE COMPANY (BHHC) for FLOYD, SKEREN & KELLY, LLP et al.

The Workers' Compensation Appeals Board denied the Petition for Removal in this case. Removal is an extraordinary remedy, and the Board only grants it when substantial prejudice or irreparable harm would result from denial, and reconsideration would be inadequate. In this instance, the Board found no persuasive evidence of such prejudice or harm, adopting the WCJ's reasoning for denial. Therefore, the petition was dismissed.

Workers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law Judgeextraordinary remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.CYPRESS INSURANCE COMPANY
References
2
Case No. ADJ3842635
Regular
Jun 03, 2015

GINA FLOYD vs. VHA, INC.; LIBERTY MUTUAL

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Gina Floyd's representative, Junior Medina of Allied Medical Group. The dismissal was based on the petition's failure to meet the Labor Code's verification requirement. Despite being given notice of this defect, no cure or compelling explanation was provided within a reasonable timeframe. The Board also noted that the petition would have been denied on the merits, had it not been dismissed for the procedural defect.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Verified PetitionNotice of DefectCure DefectCompelling ReasonNo PrejudiceWCJ ReportAppeals Board Rules
References
1
Case No. ADJ1 0108689
Regular
Apr 04, 2016

SERAFIN SALIGAN vs. CM LAUNDRY, LLC, ARCH INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by CM Laundry, LLC and its insurer. The petitioner, represented by Floyd and Skeren, voluntarily withdrew the petition. Consequently, the Board has issued an order dismissing the Petition for Removal as requested.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardSerafin SaliganCM Laundry LLCArch Insurance CompanyYork Risk Services GroupADJ1 0108689Los Angeles District Office
References
0
Case No. 2024 NY Slip Op 06460
Regular Panel Decision
Dec 20, 2024

Jr. v. Shults Mgt. Group, Inc.

Plaintiff Floyd C. Bacon, Jr. sustained injuries after tripping on an electrician's pull string at a worksite, leading to a Labor Law and common-law negligence action. Defendant Ahlstrom-Schaeffer Electric Corporation, an electrical subcontractor, moved for summary judgment to dismiss the amended complaint and cross-claims, and for sanctions due to spoliation of evidence, but the Supreme Court denied the motion. On appeal, the Appellate Division modified the order by granting the dismissal of Labor Law §§ 200 and 241 (6) causes of action against Ahlstrom, concluding it lacked supervisory authority. However, the court affirmed the denial of dismissal for common-law negligence and indemnification cross-claims, finding an issue of fact regarding whether Ahlstrom created the dangerous condition. The denial of sanctions for spoliation of evidence against Kessel Construction, Inc. and plaintiffs was also affirmed, as culpable intent was not established.

Construction AccidentTrip and FallLabor LawCommon Law NegligenceSummary JudgmentSpoliation of EvidenceSubcontractor LiabilityIndemnificationAppellate ReviewWorksites Safety
References
21
Case No. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
0
Case No. ADJ7703832
Regular
Nov 16, 2012

WAI SAM LEONG vs. CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a workers' compensation claim where the applicant alleged a psyche injury. The defendant's attorney, John Langevin of Floyd, Skeren & Kelly, LLP, engaged in bad-faith tactics by improperly contacting a Qualified Medical Evaluator (QME) and filing a frivolous Petition for Removal. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and intends to impose sanctions, including significant attorney's fees and penalties to the General Fund, against Langevin and his firm for these actions. The WCAB found the defendant's position regarding a clerical error in the QME request to be without merit and solely intended to cause delay.

WCABReconsiderationSanctionsLabor Code 5813WCAB Rule 10561Petition for RemovalPanel QMEClerical ErrorBad Faith TacticsFrivolous
References
0
Case No. 2012 NY Slip Op 31770OJ
Regular Panel Decision

Floyd v. City of New York

The Supreme Court, New York County, issued judgments annulling mayoral personnel orders No. 2012/1 and 2012/2, dated April 11, 2012. These orders reclassified ungraded civil service titles, subject to prevailing wage bargaining under Labor Law § 220, to graded workers under the New York City Collective Bargaining Law. The annulment was affirmed because the City failed to comply with Civil Service Law § 20, which mandates notice, a public hearing, and State Civil Service Commission approval for such reclassifications. The concurring justices were Mazzarelli, J.P., Andrias, DeGrasse, Freedman, and Manzanet-Daniels, JJ.

annulmentmayoral orderscivil serviceprevailing wagecollective bargaininglabor lawcivil service lawreclassificationpublic hearingstate civil service commission
References
3
Case No. MISSING
Regular Panel Decision
Jan 26, 2001

Claim of Floyd v. Millard Fillmore Hospital

The case involves an appeal from a Workers' Compensation Board decision that found the claimant permanently totally disabled due to a work-related back injury sustained in May 1993. The Workers’ Compensation Law Judge (WCLJ) initially found a permanent partial disability but later determined total disability based on conflicting medical reports from the claimant's and employer's physicians. The employer appealed, contesting the Board's refusal to allow cross-examination of the claimant's physician and its adoption of the WCLJ's findings without separate articulation. The appellate court affirmed the Board's decision, ruling that the employer waived the right to cross-examination by not requesting it in a timely manner and that the Board's adoption of WCLJ findings after review was statutorily compliant and supported by substantial evidence.

Workers' CompensationPermanent Total DisabilityMedical EvidenceCross-ExaminationWaiver of RightsSubstantial Evidence ReviewAppellate ProcedureBoard FindingsMedical GuidelinesWork-Related Injury
References
7
Case No. MISSING
Regular Panel Decision
Aug 27, 2013

FLOYD, R.L. v. NEW YORK STATE THRUWAY AUTHORITY

This case involves an appeal from an interlocutory judgment entered after a trial on liability. The claimant, a painter, was injured by a falling rigging cable while working on a bridge painting project. The claimant sought damages under Labor Law § 240 (1). The Court of Claims denied the defendant's motion for summary judgment, finding that the defendant failed to eliminate all triable issues of fact regarding whether the falling object required securing. The appellate court affirmed the judgment, concluding that there was sufficient evidence to support the finding of a Labor Law § 240 (1) violation.

Falling ObjectConstruction AccidentScaffolding LawSummary Judgment MotionInterlocutory JudgmentLiabilityPainterRigging CableGravitySafety Device
References
16
Case No. GRO 34128, GRO 34540
Regular
Jun 12, 2008

RUBEN RODRIGUEZ vs. FLOYD MIZE DRYWALL, LWP CLAIMS ADMINISTRATORS CORP.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original Findings and Award due to a conflicted medical opinion regarding apportionment. The Board found the medical expert's initial apportionment was unreliable due to his admission of not reviewing his own report, and ordered the case returned for further medical evidence development on the issue of apportionment between the specific injury, cumulative trauma, and pre-existing conditions. This includes obtaining a new medical-legal evaluation to determine the extent of permanent disability and its allocation.

Workers' Compensation Appeals BoardRuben RodriguezFloyd Mize DrywallLWP Claims Administrators Corp.Findings and Awardpermanent disabilityapportionmentpre-existing conditioncumulative traumaspecific injury
References
3
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