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Case Law Database

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

Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
0
Case No. ADJ6527507
Regular
Oct 18, 2010

Wayne Moore vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration, finding the WCJ improperly substituted his medical judgment for the Qualified Medical Evaluator's (QME) regarding the applicant's industrial sleep disturbance. The WCJ's finding of no industrial sleep impairment, despite the QME's opinion indicating such, was deemed erroneous. The Board rescinded the original award and remanded the case for a new rating that incorporates the QME's findings on sleep disturbance. Additionally, the WCJ must correct an identified occupational group number error in future rating calculations.

Workers' Compensation Appeals BoardWayne MooreEast Bay Municipal Utility DistrictAthens Administratorsmachinist maintenance workermachinistmachinist maintenancepermanent disabilityapportionmentQualified Medical Evaluator
References
0
Case No. ADJ7037201
Regular
Apr 22, 2013

Eddie Avakian vs. CITY OF BALDWIN PARK, ADMINSURE

This case involves an applicant police officer seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded 72% permanent partial disability. The applicant contended the WCJ erred by excluding sleep disturbances and sexual dysfunction from the disability rating and by apportioning his cardiovascular disability. The WCAB granted reconsideration, rescinded the original award, and found the applicant's sexual dysfunction and sleep disorder compensable. The matter was returned to the trial level for a new decision, with the WCAB stating it would not disturb other findings, including the hypertension apportionment.

Workers' Compensation Appeals BoardEddie AvakianCity of Baldwin ParkPermissibly Self-InsuredAdministered By ADMINSUREADJ7037201Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award and OrderAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision

Acrison, Inc. v. Schenck Corp.

This is a patent infringement action where Acrison, Inc. alleges that Schenck Corporation infringed two of its patents for "loss-in-weight" feeder systems. These systems utilize microprocessor circuitry to maintain a steady discharge rate by mitigating external disturbances. Schenck moved for summary judgment, asserting non-infringement, specifically challenging the interpretation of Element H of Claim 1 of the 102 patent concerning signal comparison and disturbance response. The court found no literal infringement but denied summary judgment, concluding that a reasonable jury could find equivalence between the two systems under the doctrine of equivalents, and rejected Schenck's arguments regarding file history estoppel and independent patentability.

Patent infringementLoss-in-weight feederMicroprocessor circuitryDoctrine of equivalentsSummary judgmentClaim interpretationFile history estoppelDigital circuitryAnalog circuitryIndustrial control systems
References
15
Case No. 2016-790 K C
Regular Panel Decision
Aug 25, 2017

751 Union St., LLC v. Charles

This case concerns an appeal by 751 Union Street, LLC, the landlord, against Linda Charles, the tenant, in a holdover summary proceeding. The landlord alleged the tenant engaged in nuisance behavior, including verbal and physical assaults on building staff and the owner's family, and disturbing a neighbor by banging on the ceiling. The Civil Court initially granted the tenant's motion for summary judgment, dismissing the petition entirely. The Appellate Term reversed this decision in part, ruling that while the allegation of disturbing a neighbor required a notice to cure per the lease, the other nine allegations concerning landlord and his employees did not. Consequently, the court granted partial summary judgment only for the ceiling-banging allegation, allowing the remaining claims to proceed.

holdover proceedingnuisancesummary judgmentnotice to cureRent Stabilization Codelease agreementlandlord-tenant disputeverbal abusephysical assaultappellate review
References
4
Case No. MISSING
Regular Panel Decision

Eschenasy v. New York City Department of Education

Rachel and Dan Eschenasy, parents of Ann Eschenasy, sought summary judgment for Ann's classification as emotionally disturbed under IDEA and tuition reimbursement for two private schools, John Dewey Academy and the Elan School. The New York City Department of Education (NYC DOE) and the City of New York, defendants, sought summary judgment denying reimbursement and dismissing the City. The federal District Court granted the plaintiffs' motion that Ann is emotionally disturbed and needs special education, reversing the State Review Officer. It granted tuition reimbursement for the Elan School due to its structured environment and Ann's progress but denied it for John Dewey Academy. The court also granted the motion to dismiss the City of New York and denied plaintiffs' request for attorneys' fees.

IDEAEmotional DisturbanceSpecial EducationTuition ReimbursementSummary JudgmentSocial MaladjustmentConduct DisorderTherapeutic Boarding SchoolElan SchoolJohn Dewey Academy
References
14
Case No. MISSING
Regular Panel Decision

N.C. ex rel. M.C. v. Bedford Central School District

Mr. and Mrs. N.C., on behalf of their son M.C. (Plaintiffs), filed a lawsuit against the Bedford Central School District (Defendant) under the Individuals with Disabilities Education Act (IDEA). They challenged administrative determinations for the 2003-2004 and 2004-2005 school years, which concluded that M.C. was not a student with a disability due to emotional disturbance. M.C. had a history of sexual abuse, ADHD, behavioral problems, and drug use, leading Plaintiffs to unilaterally place him in a private boarding school and seek tuition reimbursement. The Committee on Special Education, Impartial Hearing Officers, and State Review Officer consistently found M.C. to be socially maladjusted with drug use as the primary issue, rather than an emotional disturbance adversely affecting his educational performance. The federal court conducted a de novo review, upholding the administrative decisions and denying Plaintiffs' request for tuition reimbursement for both academic years.

Individuals with Disabilities Education ActEmotional Disturbance ClassificationTuition ReimbursementUnilateral PlacementDue Process HearingImpartial Hearing OfficerState Review OfficerCommittee on Special EducationSocial MaladjustmentAcademic Performance
References
15
Case No. ADJ7352023 ADJ7351882 ADJ7552154
Regular
May 02, 2012

MARIA MALDONADO vs. LA ESPERANZA BAKERY, CYPRESS INSURANCE COMPANY

This order denies Maria Maldonado's Petition for Removal from the Workers' Compensation Appeals Board. The Board adopted the administrative law judge's report, finding no basis to disturb the prior decision. Therefore, the petition to remove the case to the Board for further review is denied.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying RemovalADJ7352023ADJ7351882ADJ7552154Sacramento District OfficeLA ESPERANZA BAKERYCYPRESS INSURANCE COMPANY
References
0
Case No. ADJ3206096 (MON 0324359)
Regular
Jun 10, 2010

AVIS DRUMMOND vs. UCLA, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Avis Drummond's Petition for Removal, adopting the findings of the administrative law judge. The Board found no grounds to disturb the judge's decision. Additionally, the applicant was admonished for violating WCAB rules by attaching an unauthorized document to her petition.

Petition for RemovalWCAB Rule 10842(c)Denying RemovalAdministrative Law Judge ReportIncorporate ReportAdmonish ApplicantFuture FilingsService Made by MailOfficial Address Record
References
1
Case No. ANA 0372417
Regular
Mar 11, 2008

CARMEN SANTANGELO vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the Petition for Removal in the case of Carmen Santangelo v. Newport Mesa Unified School District. The Board adopted the administrative law judge's report, finding no grounds to disturb the existing proceedings. The matter remains set for a Status Conference.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportStatus ConferenceDenial of RemovalNewport Mesa Unified School DistrictKeenan & AssociatesCarmen SantangeloLegal Service BureauFalk & Hamblin
References
0
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