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

Case No. 2022 NY Slip Op 05798 [209 AD3d 536]
Regular Panel Decision
Oct 18, 2022

Padron v. Granite Broadway Dev. LLC

Plaintiff Carlos Padron sustained injuries after slipping on a watery stairwell at a construction site while employed by Transcontinental Contracting, Inc. Granite Broadway Development LLC (property owner) and CNY Builders 1717 LLC (construction manager) were initially granted summary judgment on contractual indemnification against Transcontinental and dismissal of Transcontinental's counterclaims by the Supreme Court. The Appellate Division affirmed the dismissal of Transcontinental's counterclaims, finding Granite free from negligence due to lack of onsite workers or safety-related visits. However, the Appellate Division modified the Supreme Court's order, denying Granite's motion for summary judgment on its contractual indemnification claim against Transcontinental. This was because Granite was not explicitly named as 'Owner' in the relevant contract's definition section, and an un-dated, unsigned exhibit purporting to identify Granite as 'Owner' created a factual dispute regarding the parties' intent to be bound.

Contractual IndemnificationSummary JudgmentConstruction AccidentSlipped and FellWatery ConditionNegligenceThird-Party ActionEmployer LiabilityOwner LiabilityContract Interpretation
References
7
Case No. ADJ8248435
Regular
Aug 28, 2013

IGNACIO PADRON vs. MARINA TIRES, HANOVER INSURANCE GROUP

The Appeals Board granted reconsideration of the WCJ's June 19, 2013, decision because the matter was reported as settled on August 21, 2013. The Board rescinded the prior decision and returned the case to the trial level for further proceedings, contingent on the WCJ's approval of the settlement. The Petition for Removal was dismissed as reconsideration was deemed an adequate remedy.

WCABPetition for RemovalPetition for ReconsiderationFindings of Factrescindedtrial leveladministrative law judgesettlementworkers' compensationHanover Insurance Group
References
0
Case No. ADJ9143778 ADJ9845461 ADJ9845465 ADJ9143777
Regular
Nov 27, 2017

IGNACIO MOLINA vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed Ignacio Molina's Petition for Reconsideration because it failed to meet statutory requirements for specificity and legal support. Molina sought reconsideration based on his employer's alleged failure to provide medical treatment for his left eye. However, his petition did not challenge the specific findings of the previous decision nor provide detailed legal grounds. The Board advised Molina that he could pursue medical treatment issues by filing a Declaration of Readiness to Proceed.

Petition for ReconsiderationDismissalWCJJoint Findings of FactOrders and Opinion on DecisionLabor Code section 5902WCAB Rule 10842(a)Cal. Code Regs.tit. 8§ 10846
References
0
Case No. ADJ8261287
Regular
Sep 17, 2014

IGNACIO VIDRIOS LUNA vs. WAWONA PACKING, ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Ignacio Vidrios Luna's petition for reconsideration as untimely. The petition was filed more than 20 days after the administrative law judge's decision, exceeding the jurisdictional time limit. Since the decision was personally served, there was no mailing extension. Even if timely, the WCAB would have denied the petition on its merits. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimelyLabor Code section 5903JurisdictionalPersonally ServedOrder Approving Compromise and ReleaseAttorney's FeesWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ Report
References
7
Case No. ADJ9389953
Regular
Mar 08, 2019

IGNACIO BARRON vs. PAK’S CABINETS, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Ignacio Barron's claim against Pak's Cabinets. The amended decision affirmed the original award of permanent disability at 40%, payable at $230.00 per week for 201 weeks, totaling $46,230.00, less attorney fees. Crucially, the amendment acknowledged that the Employment Development Department paid unemployment benefits during the period of indemnity and allowed a lien for overlapping payments, to be determined by a workers' compensation judge.

Petition for ReconsiderationWCJ reportAMENDED decisiontemporary disability indemnitypermanent disability indemnityEmployment Development Departmentunemployment compensation disability benefitsoverlapping paymentslien claimaward
References
0
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
0
Case No. ADJ7774631
Regular
Aug 16, 2019

IGNACIO GARCIA vs. TRINIDAD RODRIGUEZ dba RODRIGUEZ FARM LABOR CONTRACTOR, STATE COMPENSATION INSURANCE FUND, SERGIO RODRIGUEZ

This case involves a worker's compensation claim by Ignacio Garcia. The primary issue was whether Garcia was employed by Trinidad Rodriguez dba Rodriguez Farm Labor Contractor or Sergio Rodriguez. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the judge's finding that Trinidad Rodriguez was the employer. While the Board noted the applicant has the burden to prove employment, they found the evidence supported the conclusion that Garcia was employed by Trinidad Rodriguez.

Petition for ReconsiderationDenialEmployment StatusFarm Labor ContractorState Compensation Insurance FundGoing and Coming RuleBurden of ProofCredibility DeterminationsInsured EmployerUninsured Employer
References
1
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
5
Case No. 2015 NY Slip Op 09254
Regular Panel Decision
Dec 16, 2015

Guevera v. Simon Property Group, Inc.

Ignacio Guevera, an employee, suffered personal injuries after falling from a ladder due to an electrical shock while performing routine maintenance in a retail store. He sued Simon Property Group, Inc. and Pacific Sunwear Stores, Corp., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), and common-law negligence. The Supreme Court denied Guevera's motion for summary judgment on Labor Law § 240 (1) liability and granted the defendants' cross-motion to dismiss the complaint. The Appellate Division affirmed this decision, finding Guevera's activity was routine maintenance, not covered by Labor Law §§ 240 (1) or 241 (6). Furthermore, the court determined the defendants lacked notice of the loose cable for the Labor Law § 200 and common-law negligence claims. Another plaintiff's appeal was dismissed as abandoned.

Personal InjuryFall from LadderLabor LawSummary JudgmentRoutine MaintenanceElectrical ShockPremises LiabilityAppellate DivisionWorkplace Safety
References
10
Case No. ADJ10885080
Regular
Aug 21, 2019

ALMA PADRON vs. MODESTO CITY SCHOOLS

The Workers' Compensation Appeals Board affirmed a judge's finding that the applicant's Qualified Medical Evaluator (QME) report was not untimely. The applicant argued the report was late because she did not receive it until after her objection date, but the Board found her objection was filed after the QME's proof of service date. The Board also determined that the timeliness of the QME report was an interlocutory issue not subject to reconsideration and that the applicant failed to demonstrate irreparable harm. Therefore, the Board denied the applicant's petition for reconsideration.

AOE/COEQME panelreplacement QMEPetition for ReconsiderationPetition for RemovalWCJMedical Unitproof of serviceEvidence Code § 641presumption of receipt
References
14
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