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Case No. ADJ7542144

Regular

Sep 18, 2012

BERNARDO CORTES vs. VALLEY COLLISION CENTER, SOUTHERN INSURANCE CO.

This case involves a workers' compensation claim for a back injury allegedly sustained before termination. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 3600(a)(10) as a post-termination claim. The applicant failed to demonstrate that the employer had notice of the injury prior to termination or that any other statutory exceptions applied. The Board distinguished this case from prior precedent, finding the facts inapposite.

posttermination claimLabor Code section 3600(a)(10)notice of terminationnotice of injurypreponderance of the evidenceprior medical recordsdate of injurysubsequent terminationbad faith personnel actionDover v. St. Paul Travelers

References

Case No. MISSING

Regular Panel Decision

Feb 15, 1990

Bludson v. Popolizio

The Supreme Court, New York County, granted a CPLR article 78 petition to vacate the New York City Housing Authority's determination to terminate a petitioner's tenancy. The Housing Authority appealed, arguing the petition was time-barred, asserting that the mailing of the termination notice in October 1987 constituted sufficient notice for the statute of limitations to run. However, the appellate court affirmed the lower court's decision, emphasizing that an administrative action is not final and binding until the petitioner receives actual notice, rendering the presumption of receipt from mailing inapposite. The court found that the Housing Authority failed to provide proper notice as required by its own regulations, thereby violating the petitioner's procedural due process rights.

CPLR Article 78TimelinessStatute of LimitationsDue ProcessNotice RequirementsAdministrative LawTenancy TerminationHousing AuthorityPresumption of ReceiptService of Process

References

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BERNARDO CORTES vs. VALLEY COLLISION CENTER, SOUTHERN INSURANCE CO.

Bludson v. Popolizio

CPLR Article 78TimelinessStatute of LimitationsDue ProcessNotice RequirementsAdministrative LawTenancy TerminationHousing AuthorityPresumption of ReceiptService of Process