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

Case No. ADJ6945103
Regular
Mar 15, 2011

ENRIQUE ESTRADA TOVAR vs. SATTUI WINERY, MAJESTIC INSURANCE COMPANY SAN FRANCISCO

Applicant's attorney filed two requests for disqualification of WCJ Gondak, alleging judicial misconduct, including an ex parte conversation and calling the attorney irrational. The first request, a letter dated February 4, 2011, was formally denied by the Appeals Board based on the WCJ's report. The second, a formal petition filed March 2, 2011, was dismissed as an unauthorized supplemental pleading. Both requests were ultimately denied, allowing WCJ Gondak to continue involvement in the case.

WCABPetition for DisqualificationLabor Code section 5311WCAB Rule 10452WCAB Rule 10458Preemptory ChallengesWCJPWCJex parte conversationsanctions
References
2
Case No. MISSING
Regular Panel Decision
May 17, 2002

In re the Claim of Kearse

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which upheld its prior ruling that the claimant's request for a hearing was untimely. The claimant had been disqualified from receiving unemployment benefits due to misconduct and charged with an overpayment, but failed to request a review hearing for several months, mistakenly believing her workers' compensation case was related. The Board, upon reconsideration, adhered to its finding that the request was untimely. The Appellate Division affirmed the Board's decision, reiterating that a claimant typically has 30 days to request a hearing unless there is a valid excuse. The court also declined to consider the claimant's belated assertions of post-traumatic stress disorder as a justification for the delay.

Unemployment BenefitsUntimely RequestMisconduct DischargeOverpaymentWorkers' CompensationPost-Traumatic Stress DisorderAppellate ReviewHearing TimelinessAdministrative DecisionNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision

Claim of Domanico v. Woodmere Fire District

This case involves an appeal from a decision by the Workers’ Compensation Board, filed April 4, 2005, which denied an employer's request for reimbursement of wages paid to a claimant during a period of disability. The court examined whether a June 24, 2004 notice, issued by the self-insured employer, Woodmere Fire District, containing language about reimbursement, was sufficient as a request under Workers’ Compensation Law § 25 (4) (a). The court found the notice to be sufficient in form. However, a critical issue remained regarding the timeliness of this request; specifically, whether it was filed prior to the compensation award made at the January 7, 2005 hearing. Due to this unresolved issue, the court reversed the Board's decision and remitted the matter for further proceedings to determine the timeliness of the reimbursement request.

Workers' Compensation ReimbursementEmployer Wage ReimbursementDisability WagesTimeliness of Reimbursement RequestWorkers' Compensation LawBoard Decision AppealJudicial ReversalRemittal for Further ProceedingsNew York Workers' CompensationStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Bland v. Gellman

A claimant had two workers' compensation claims, one managed by the Special Fund for Reopened Cases and the other by Travelers Insurance Company, with liability equally apportioned. The claimant's treating physician requested a variance for aquatic therapy, which both carriers denied. Although a Workers' Compensation Law Judge approved the treatment, the Workers' Compensation Board reversed, asserting that the variance request form (MG-2) was not properly served on the Board and that the review request was untimely. The Appellate Division reversed the Board's decision, finding substantial evidence that the MG-2 form was timely filed with the Board, referencing both claim numbers, and that the request for review of the denial was also timely. The court concluded that the Board's determination lacked substantial evidence and remitted the matter for further proceedings.

Variance RequestAquatic TherapyClaim DenialMG-2 FormTimely FilingAdministrative LawAppellate ReviewSpecial Fund for Reopened CasesTravelers Insurance CompanySubstantial Evidence
References
3
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
0
Case No. ADJ9505962; ADJ9289403
Regular
May 13, 2015

JAMILENE KANE vs. RALEYS, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board granted a Petition for Removal filed by lien claimant UFCW & Employers Benefit Trust. The Board reversed a prior order that denied UFCW's request for service of medical reports. The Board found that UFCW, as a physician lien claimant defined by relevant Labor Code sections and WCAB Rule 10608(a)(5), is entitled to service of medical reports upon request under Rule 10608(b) without needing to become a formal party to the action. Therefore, the defendant and other parties were ordered to serve UFCW with all requested medical reports.

Petition for RemovalPhysician Lien ClaimantMedical Information ServiceWCAB Rule 10608(b)Due ProcessTaft-Hartley Health and Welfare FundLabor Code sections 4903.05(c)(7)Labor Code sections 4903.06(b)Medical-Legal ReportsDeclaration of Readiness to Proceed
References
5
Case No. 79 Civ. 1536, 79 Civ. 1570
Regular Panel Decision

Iberia Air Lines v. National Mediation Board

Iberia Air Lines moved for summary judgment seeking a declaration that it lawfully changed employee terms on February 23, 1979, after negotiations with the IAM deadlocked. The core issue was whether the IAM's request for mediation to the National Mediation Board (NMB) was timely under the Railway Labor Act (RLA) Section 6, which mandates a ten-day window for such requests after conference termination. The NMB's offices were intermittently closed due to a federal holiday and a snowstorm, and the IAM's formal request was received after the ten-day period. The court granted Iberia's motion, ruling that the RLA's plain language allows carriers to implement changes if mediation services are not invoked within the specified ten days, rejecting the government's arguments for an extended status quo or tolling of the period due to unforeseen closures or a mere telephone call.

Railway Labor ActNational Mediation BoardCollective BargainingLabor DisputeSummary JudgmentUnilateral ChangeStatus QuoTimelinessStatutory InterpretationAir Carrier
References
9
Case No. MISSING
Regular Panel Decision

Claim of Lewis v. Stewart's Marketing Corp.

A claimant sustained serious injuries in 1997 and was awarded workers' compensation benefits. In 2008, a dispute arose regarding the permanency and degree of disability, with conflicting medical reports submitted by the claimant (permanent total disability) and the employer (moderate partial disability). The Workers' Compensation Law Judge denied the employer's request to cross-examine the claimant and his physician, subsequently ruling that the claimant had a permanent total disability. Upon appeal, the Workers’ Compensation Board affirmed this decision. The appellate court reversed the Board's decision, emphasizing that denying the employer's timely request for cross-examination was improper, especially given the conflicting medical evidence, and remitted the matter for further proceedings.

Workers’ CompensationDisability AssessmentPermanent Total DisabilityIndependent Medical ExaminationCross-Examination RightsProcedural Due ProcessConflicting Medical EvidenceRemittalAppellate ReviewBoard Decision Reversal
References
3
Case No. MISSING
Regular Panel Decision

Ramaglia v. New York State Department of Transportation

Petitioners, including union representative Joseph Ramaglia, requested payroll records from a steel company under the Freedom of Information Law (FOIL) through the Department of Transportation (DOT). They sought to determine if the steel company, a contractor for overpass replacement on the Long Island Expressway, was violating prevailing wage laws. DOT denied the request, stating it neither possessed nor was required to collect these records, as the steel company was merely a materials supplier, not directly involved in public works construction. Petitioners commenced a CPLR article 78 proceeding to compel DOT to obtain and produce the records. The Supreme Court dismissed their application, agreeing that DOT had no obligation to the supplier's records. On appeal, the court affirmed, ruling that the prevailing wage law does not apply to contracts for the sale of goods, even custom or shop-finished products, especially when such work is a normal part of manufacturing and not typically done on-site.

Freedom of Information LawFOIL RequestPublic Works ContractPrevailing Wage LawMaterials SupplierPayroll RecordsCPLR Article 78Administrative LawAppellate ReviewLabor Law
References
5
Case No. MISSING
Regular Panel Decision

Claim of Metzger v. Champion International Corp.

Claimant, a pulp tester, sustained a right hip and thigh injury at work in 1994. After initial hearings and the establishment of the claim, the Workers’ Compensation Law Judge (WCLJ) directed parties to file medical opinions on permanency. The carrier repeatedly failed to present its own expert or obtain a consultant's opinion despite multiple opportunities. The WCLJ and the Workers’ Compensation Board denied the carrier's requests for adjournments, awarding the claimant a 66 2/3% schedule loss of use. On appeal, the court affirmed the Board’s decision, finding no abuse of discretion in denying the carrier's request, citing its lack of preparedness.

Workers' CompensationAdjournment DenialMedical OpinionPermanencySchedule Loss of UseCarrier DelayAppellate ReviewDiscretionary RulingEvidence SubmissionProcedural Due Process
References
4
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