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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. ADJ3726826
Regular
Mar 04, 2010

MARIBEL ESCOBAR vs. YGNACIO VALLEY CARE CENTER, CARE WEST INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding it timely filed. The Board affirmed the WCJ's finding that the applicant sustained industrial injuries to her lumbar spine and psyche, with compensable consequential injuries to her gastrointestinal system and a sleep disorder. Substantial medical evidence, including opinions from Dr. Cayton for the sleep disorder and Dr. Noriega for the gastrointestinal issues, supported the award. The Board also found Dr. Walcott's psychiatric opinion constituted substantial evidence, justifying the WCJ's disability findings.

Workers' Compensation Appeals BoardMaribel EscobarYgnacio Valley Care CenterCare West InsurancePegasus Risk ManagementFindings Award and OrderNursing AssistantIndustrial InjuriesLumbar SpinePsyche Injury
References
0
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. ADJ6894538
Regular
Apr 14, 2014

MICHELE CHAPMAN vs. MARIN GENERAL HOSPITAL, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a registered nurse's industrial injury. The WCJ found the applicant sustained injury to her low back, gastrointestinal system, and sleep disorder stemming from a March 28, 2008 incident. The Board affirmed the WCJ's determination of injury to the sleep disorder, finding substantial evidence in the Agreed Medical Examiner's report and the applicant's uncontradicted testimony. The defendant's petition improperly focused on permanent impairment of the sleep disorder, an issue the WCJ had deferred.

Workers' Compensation Appeals BoardMarin General HospitalZurich American InsuranceAthens AdministratorsFindings Award and OrderPetition for ReconsiderationRegistered NurseLow Back InjuryGastrointestinal SystemSleep Disorder
References
7
Case No. ADJ4148815 (MON 0343933)
Regular
Nov 05, 2012

EMILY GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the original decision. They found applicant sustained an industrial injury to her right ankle and a sleep disorder, but not to her knee, hypertension, or gastrointestinal reflux. The claim for psychiatric injury was deferred due to insufficient evidence regarding the six-month employment requirement. The court also found the treating physician's report on the gastrointestinal reflux lacked substantial medical evidence.

WCABEmily GarciaCity of Los Angelesself-insuredFindings and AwardReconsiderationIndustrial InjuryRight AnklePsycheSleep Disturbance
References
10
Case No. MISSING
Regular Panel Decision
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. 10 Civ. 3314; 10 Civ. 5013
Regular Panel Decision
Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)
References
59
Case No. ADJ1711522 (OXN 0138844) ADJ6441018
Regular
Mar 28, 2011

ESMERALDA CASILLAS vs. CLINICAS DEL EL CAMINO REAL, EVEREST NATIONAL INSURANCE CO., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Esmeralda Casillas' petition for reconsideration of a prior decision that denied her gastrointestinal and psyche/sleep disorder claims. This dismissal occurred because the parties reached a settlement agreement, where defendant Everest National Insurance Company agreed to pay applicant $\$8,500.00$. In exchange for this settlement, applicant withdrew her petition for reconsideration against Everest and the State Compensation Insurance Fund. The compromise and release agreement will now be submitted to the WCJ for approval.

Petition for ReconsiderationJoint Findings and OrderGastrointestinal conditionPsyche/sleep disorderBurden of proofCompromise and releaseDismissal of petitionWorkers' Compensation Appeals BoardAdministrative law judgeIndustrial factors
References
0
Case No. ADJ7688671
Regular
Jun 14, 2016

ZACHARY BAZILIUS vs. CITY OF TORRANCE

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The amendment corrected a clerical error finding injury to the applicant's left elbow and adjusted the reimbursement rate for lien claimant CLEA. The Board affirmed the remaining findings of injury to the applicant's back, neck, circulatory system, heart, gastrointestinal system, sleep disorder, urological system, and teeth, along with the awarded permanent disability. The Board also confirmed the applicant's entitlement to future medical treatment for the established injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePolice OfficerSpecific InjuryPermanent DisabilityTemporary DisabilityQualified Medical EvaluationHypertensive Heart Disease
References
0
Case No. ADJ7115385
Regular
Apr 17, 2017

NEVENKA GLAVAN vs. KMART, SEARS HOLDING CORPORATION

The Appeals Board denied defendant's petition for reconsideration of a Workers' Compensation Appeals Board award. The defendant argued the applicant's treating physician's psychiatric reports lacked substantial evidence and that a QME's report was more accurate. The Board found that the treating physician's opinions, which were well-reasoned and considered the applicant's medical history, constituted substantial evidence. Therefore, the Board upheld the original award finding the applicant sustained injury to her spine, psyche, and gastrointestinal/sleep disorders, resulting in 81% permanent partial disability.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationAdministrative Law JudgePermanent Partial DisabilityPsychiatric DisabilityTreating PhysicianPanel Qualified Medical EvaluatorGlobal Assessment of Function (GAF)Substantial Evidence
References
0
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