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

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

People ex rel. Wilson v. Wilson

This case concerns an appeal from a Family Court judgment in New York County, dated October 29, 1975, which had dismissed a mother's petition for a writ of habeas corpus seeking to regain custody of her 15-year-old child from the child's grandmother. The Appellate Division reversed the Family Court's decision, finding that while extraordinary circumstances existed (mother's voluntary surrender of custody, child's long-term residence with grandmother, mother's unwed status and living situation, and past emotional issues) that warranted applying the 'best interest of the child' standard, the original hearing was inadequate. The court noted deficiencies such as the child not testifying, restricted inquiry into the mother's relationship with the child, and limited elaboration by a psychiatric worker. Therefore, the matter was remanded for a new hearing to properly determine the child's best interest, to be conducted before a different judge. Justice Kupferman concurred with the 'best interest' standard but dissented on the need to assign a different judge.

Child CustodyHabeas CorpusParental RightsBest Interest of the ChildExtraordinary CircumstancesAppellate ReviewFamily LawRemandInadequate HearingJudicial Dissent
References
2
Case No. ADJ10302037
Regular
Apr 19, 2017

HORACE WILLIAMS vs. ALAMEDA COUNTY, YORK RISK SERVICES

The applicant, Horace Williams, filed a Petition to Disqualify Judge Christopher Miller prior to an expedited hearing. Following this petition, the case was reassigned to a different judge, Stanley Shields. Consequently, the Appeals Board dismissed the applicant's petition as moot due to the reassignment of the judge. The Board's order reflects that the disqualification petition is therefore dismissed.

Petition to DisqualifyWCJReassignmentMootDismissedExpedited HearingRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeOakland District Office
References
0
Case No. MISSING
Regular Panel Decision

Claim of Estrada v. Peepels Mechanical Corp.

The claimant's case was established for occupational disease resulting in bilateral hearing loss. A Workers’ Compensation Law Judge (WCLJ) determined the date of disablement and, after initial discharge, reinstated the State Insurance Fund (Fund) to produce an apportionment report between occupational disease and traumatic hearing loss. The Fund appealed this decision. The Workers’ Compensation Board subsequently found the Fund was not the proper party as it did not cover the employer on the date of disablement and reversed the order for the apportionment report. The employer and its workers’ compensation carrier then appealed the Board's decision. The higher court affirmed the Board’s decision, noting that a claim for traumatic hearing loss was never formally made or pending before the Board.

Occupational DiseaseBilateral Hearing LossApportionmentDate of DisablementWorkers' Compensation CarrierState Insurance FundBoard DecisionAppellate ReviewTraumatic Hearing LossWCLJ Decision
References
1
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. ADJ6862276 ADJ1946201
Regular

CONNIE E. PETERSEN vs. COUNTY OF SACRAMENTO, OFFICE OF EDUCATION, PSI

The applicant sought reconsideration or removal after discovery was closed and a hearing was set by different judges following a Mandatory Settlement Conference. The Board dismissed the reconsideration petition, finding the order setting the hearing was not a final order. Removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm, and further discovery issues are to be addressed by the assigned judge at the hearing. The Board noted the repeal of a former rule regarding judge reassignment.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory Settlement ConferenceClosing DiscoveryAgreed Medical ExaminerSpecific InjuryCumulative InjuryAlmarez-Guzman ApportionmentFinal Order
References
8
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. MISSING
Regular Panel Decision

Lentlie v. Egan

This dissenting opinion addresses a case where a petitioner was denied a name-clearing hearing despite having stigmatizing charges in their personnel record. The Trial Judge initially suggested the petitioner was entitled to such a hearing due to implied stubbornness and insubordination. However, the Appellate Division and the majority affirmed that a hearing was not required because the charges were not 'publicly disclosed.' The dissent argues that future dissemination of these records to potential employers should be a sufficient basis for a hearing, citing numerous legal precedents from Federal and out-of-State cases. The dissenting judge believes this ruling is inconsistent with established legal principles regarding an individual's right to clear their name when faced with damaging employment prospects.

Name-clearing hearingStigmatizing chargesPublic disclosureFuture disseminationPersonnel recordDue processEmployer reputationAppellate reviewDissenting opinionEmployment law
References
18
Case No. ADJ12080707
Regular
Sep 04, 2019

MICHAEL OLAGUE vs. CITY SECURITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

The Appeals Board granted applicant's petition for removal, rescinding the trial judge's order to take the case off calendar. The applicant requested additional Qualified Medical Evaluator (QME) panels, but the judge deferred this due to pending AOE/COE issues and an initial QME exam being set. The Board found that Labor Code section 5502 mandates an expedited hearing for disputes involving medical-legal examinations, entitling the applicant to a hearing on the request for additional panels. The case is returned to the trial level for further proceedings, potentially including placement back on the expedited hearing calendar.

Petition for RemovalExpedited HearingAOE/COEInitial Physical AggressorQualified Medical Evaluator (QME)PQME panelsMedical-legal evaluationLabor Code Section 5502Off-calendarRescind Order
References
0
Case No. MISSING
Regular Panel Decision
Jun 24, 1991

Marziliano v. Sullivan

Plaintiff Josephine Marziliano sought review of a determination by the Secretary of the United States Department of Health and Human Services that denied her request to waive recovery of an overpayment of Supplemental Security Income benefits. The Magistrate Judge recommended that the matter be referred to the Secretary for a new hearing, emphasizing the importance of giving required deference to the treating physician’s opinions in such overpayment waiver proceedings. The defendant objected to the application of the treating physician rule in these proceedings. District Judge Goettel adopted the Magistrate Judge's report and recommendation, affirming that the treating physician rule applies with full force when determining whether a claimant was 'at fault' in accepting an overpayment and ordered the case remanded for a new hearing.

Supplemental Security Income (SSI)Overpayment WaiverTreating Physician RuleMental ImpairmentAdministrative Law Judge (ALJ)RemandSocial Security Administration (SSA)Disability BenefitsResource LimitationsReporting Requirements
References
8
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