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Case Law Database

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

Case No. ADJ3957101 (MON 016734) ADJ1291830 (MON 0167365) ADJ4108249 (MON 0220700) ADJ1875502 (MON 0220705) ADJ4524125 (MON 0220706) ADJ167513 (MON 0220708)

Regular

Aug 10, 2011

GIUSEPPE CATRUCCO vs. KAISER FOUNDATION HOSPITAL, SUBSEQUENT INJURIES BENEFIT TRUST FUND

This Workers' Compensation Appeals Board order denies reconsideration of a petition related to Subsequent Injuries Fund (SIF) benefits. The Board affirmed the WCJ's decision, relying on the precedent set in *Hernandez v. Commercial Building Maintenance*, which requires a permanently partially disabled employee to demonstrate additional disability from a single subsequent injury to qualify for SIF benefits. Multiple subsequent injuries cannot be combined to meet this statutory threshold, and legislative changes have not altered this interpretation.

WORKERS' COMPENSATION APPEALS BOARDGIUSEPPE CATRUCCOKAISER FOUNDATION HOSPITALSUBSEQUENT INJURIES BENEFIT TRUST FUNDORDER DENYING RECONSIDERATIONworkers' compensation administrative law judgeWCJLabor Code section 4751subsequent compensable injurySubsequent Injuries Fund

References

Case No. ADJ10091554

Regular

Jun 24, 2019

GIUSEPPE MORICI vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained a compensable psychiatric injury. The judge determined the injury was predominantly caused by actual employment events, not lawful personnel actions or the applicant's subjective perceptions. The Board deferred to the judge's credibility determinations based on observed demeanor.

Workers' Compensation Appeals BoardGiuseppe MoriciCounty of San Diegopsyche injurycompensablegood faith personnel actionssubjective misperceptionReport and RecommendationWCJ credibility determinationpreponderance of evidence

References

Case No. MISSING

Regular Panel Decision

Cinquemani v. Lazio

This case involves an appeal from a Supreme Court judgment that imposed a constructive trust on a pizzeria business and its building in favor of the plaintiff, the deceased Giuseppe Cinquemani's wife. The plaintiff alleged that defendant Francesco Lazio had promised to convey the business to her and her husband, a claim disputed by the defendants, Francesco and Eleanora Lazio. Following a nonjury trial, the Supreme Court found the elements of a constructive trust — a confidential relationship, a promise, a transfer in reliance, and unjust enrichment — were met. The Appellate Division affirmed this judgment, upholding the lower court's findings of fact and its rejection of the defendants' arguments under the Dead Man's Statute and claims of judicial bias. The court specifically noted that the plaintiff and her late husband had fulfilled the conditions of the alleged promise, including substantial payments and operation of the business for over a decade.

Constructive TrustFamily DisputePizzeria BusinessReal PropertyOral AgreementUnjust EnrichmentConfidential RelationshipDead Man's StatuteAppellate AffirmationNew York Law

References

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GIUSEPPE CATRUCCO vs. KAISER FOUNDATION HOSPITAL, SUBSEQUENT INJURIES BENEFIT TRUST FUND

GIUSEPPE MORICI vs. COUNTY OF SAN DIEGO

Cinquemani v. Lazio

Constructive TrustFamily DisputePizzeria BusinessReal PropertyOral AgreementUnjust EnrichmentConfidential RelationshipDead Man's StatuteAppellate AffirmationNew York Law