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

Case No. ADJ6562717, ADJ7394430
Regular
Oct 14, 2013

MYUNG FIRUS vs. HAWAIIAN GARDENS CASINO, TRAVELERS INDEMNITY COMPANY

This case involves Myung Firus as the applicant against Hawaiian Gardens Casino and Travelers Indemnity Company. The Workers' Compensation Appeals Board issued an order dismissing the petitioner's Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew the petition they had filed. Therefore, the Board is not ruling on the merits of the original September 3, 2013 decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalHawaiian Gardens CasinoTravelers Indemnity CompanyADJ6562717ADJ7394430Long Beach District OfficeWithdrawn PetitionSeptember 3 2013 decision
References
0
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
0
Case No. ADJ9675888
Regular
Mar 03, 2016

XIAO WEN LU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied Xiao Wen Lu's Petition for Reconsideration in this case against Hawaiian Gardens Casino and its insurer. The WCAB adopted and incorporated the Workers' Compensation Judge's (WCJ) report and reasoning. They gave significant weight to the WCJ's credibility determination, as the judge observed the witness's demeanor, and found no substantial evidence to overturn it. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.ADJ9675888Hawaiian Gardens CasinoInsurance Company of the Westadministrative law judgedenial of reconsiderationwitness demeanor
References
1
Case No. ADJ1136158 (LBO 0381365)
Regular
Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous finding, and found that applicant Dario Mendez sustained an industrial injury to his low back and right leg. The WCAB determined that a lifting incident on November 15, 2005, at the Hawaiian Gardens Card Club, contributed to a new injury despite Mendez's pre-existing back condition. They found the applicant's explanation for the delay in reporting the injury credible, and that the evidence supported a new injury rather than merely an exacerbation of a prior condition. The WCAB deferred all other issues, including the extent of the injury and compensation.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation
References
0
Case No. ADJ9674255
Regular
Jul 10, 2017

YAN LIU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

This case concerns an applicant who alleges both orthopedic and psychiatric injuries from her employment as a casino dealer. While the Board affirmed the finding of orthopedic injury, it deferred the issue of psychiatric injury. The Board clarified that Labor Code § 4660.1(c) does not bar psychiatric claims arising directly from employment events, but it requires a medical apportionment of causation between direct psychiatric injury and injury as a consequence of physical injury. The matter was returned to the trial level for further development of the record regarding the psychiatric injury and its apportionment.

AOE/COELabor Code Section 4660.1(c)psychiatric injurycompensable consequenceviolent actsubstantial medical evidencetreating physicianQMEcontinuous traumaharassment
References
10
Case No. ADJ6755214
Regular
Sep 04, 2012

IGNACIO LOZANO vs. HAWAIIAN GARDENS CASINO, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinded the original award, and disallowed both lien claims. The Board found that neither Scandoc Imaging nor Certified Interpreters met their burden of proof to establish the compensability of their respective liens. Specifically, Scandoc Imaging failed to provide evidence of the reasonableness of its charges, and Certified Interpreters lacked substantial evidence to support their claim. Consequently, both lien claimants were ordered to take nothing further.

WCABPetition for ReconsiderationLien ClaimsScandoc ImagingCertified InterpretersBurden of ProofReasonableness of ChargesDiscoveryLabor Code Section 5703Findings and Award
References
3
Case No. ADJ7459959
Regular
Sep 21, 2015

OLINDA LAZO vs. HAWAIIAN GARDENS CASINO, VALLEY FORGE INSURANCE, CNA CLAIMS PLUS

Lien claimants sought reconsideration of their dismissed liens after their representative failed to appear at a lien conference and left without permission. The Workers' Compensation Appeals Board denied reconsideration, affirming the dismissal. The Board found that the lien claimants failed to establish good cause for their representative's abandonment of the hearing. Failure to appear or have a representative with settlement authority present constitutes grounds for dismissal absent good cause.

WCABPetition for ReconsiderationLien ClaimantsDismissal of LienNon-AppearanceLien ConferenceGood CauseExcusable NeglectCCP 473(b)WCJ
References
0
Case No. ADJ7238687
Regular
Apr 18, 2013

Fernando Munoz vs. Kings Hawaiian Bakery West Inc., Zurich American Insurance Co., Gallagher Bassett

The Workers' Compensation Appeals Board (WCAB) affirmed the original findings that Fernando Munoz sustained an injury arising out of and occurring in the course of employment (AOE/COE) to his neck, low back, and left shoulder. The employer argued Munoz failed to prove they had notice of the injury before his termination. However, the WCAB found Dr. Feiwell's medical opinions constituted substantial evidence supporting the industrial nature of the injuries. The WCAB also gave significant weight to the trial judge's credibility findings regarding Munoz's testimony that he reported the injury to his supervisor.

AOE/COELabor Code Section 3600(a)(10)Petition for ReconsiderationOpinion and Decision After ReconsiderationFindings and OrderWCJAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)substantial evidencemedical probability
References
4
Case No. MISSING
Regular Panel Decision
Jun 12, 1995

Jefferlone v. Canadian Pacific (U.S.), Inc.

Plaintiff Ronald Jefferlone, an employee who lost his right hand and lower arm in a railway accident, was denied a trainman/freight conductor position by defendants Canadian Pacific (U.S.), Inc., et al., after his management position was eliminated. He sued under the New York Human Rights Law for handicap discrimination. Defendants moved for summary judgment, arguing RLA preemption and failure to establish a prima facie case. The court, citing Hawaiian Airlines, Inc. v. Norris, denied the preemption argument, stating state law claims exist independently of the CBA. The court also found that Jefferlone presented a prima facie case of discrimination, highlighting the lack of an individualized assessment of his ability to perform the job despite a positive medical report from one doctor.

Employment DiscriminationHandicap DiscriminationRailway Labor ActPreemptionSummary JudgmentCollective Bargaining AgreementPrima Facie CaseMedical ExaminationPhysical QualificationTrainman/Freight Conductor
References
13
Case No. MISSING
Regular Panel Decision

MacK v. Metro-North Commuter Railroad

Plaintiff Sharon Mack initiated an action in New York State Supreme Court against Metro-North Commuter Railroad and employees Maurice Kiniry and Joe Bauman, alleging state law claims of defamation, assault, unlawful imprisonment, and intentional infliction of mental anguish on behalf of herself and her son. Defendants removed the case to federal court, arguing that the claims were preempted by the Railway Labor Act (RLA) due to their purported relation to collective bargaining agreements regarding employee passes. Plaintiff cross-moved for remand to state court, contending her claims were independent state law torts not preempted by federal labor law. The court, citing recent Supreme Court precedent in Hawaiian Airlines v. Norris, determined that the plaintiff's claims did not require interpretation of a collective bargaining agreement and thus were not preempted by the RLA. Therefore, the court concluded that the claims were purely factual questions suitable for a state court jury.

PreemptionRailway Labor ActState Law ClaimsTort ClaimsSubject Matter JurisdictionRemandDefamationFalse ImprisonmentEmotional DistressCollective Bargaining Agreement
References
12
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