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

Case No. MISSING
Regular Panel Decision

People v. Karmye

The defendant, indicted for criminal sale of a controlled substance, moved to dismiss the indictment, arguing a lack of meaningful opportunity to testify before the Grand Jury. The defendant claimed the prosecutor interrupted his testimony and improperly questioned his attorney about taking an oath of secrecy. The court denied the motion, finding that the prosecutor's interruptions were justified by the defendant's evasiveness and did not violate his rights. Furthermore, the court concluded that the brief exchange regarding defense counsel's oath, while not best practice, did not impair the integrity of the Grand Jury.

Criminal Procedure LawGrand Jury ProceedingsMotion to DismissIndictmentControlled Substance OffenseProsecutorial MisconductDefense Counsel RightsOath of SecrecyWitness TestimonyIntegrity of Grand Jury
References
1
Case No. MISSING
Regular Panel Decision

Claim of Harford v. Widensky's, Inc.

Patricia Harford, a sales clerk, died in an automobile accident in front of her employer's store. The central issue was whether her death occurred during the course of employment, specifically if her lunch break, during which she was allegedly on a coffee errand for her employer, constituted an interruption of employment. The Workers' Compensation Board found the accident compensable, reasoning that the errand and the employer-convenient lunch break maintained her within the scope of employment. The appellate court affirmed, upholding the Board's reliance on a vice-president's statement despite formal evidence rules and finding substantial evidence for the Board's determination that the lunch arrangement did not interrupt employment.

Workers' CompensationScope of EmploymentLunch BreakSpecial ErrandCredibility DeterminationSubstantial EvidenceAdministrative LawCompensabilityAppellate ReviewNew York Law
References
6
Case No. MISSING
Regular Panel Decision
Jan 29, 2007

Claim of Kontogiannis v. Nationwide PC

Claimant, while on an authorized break from her Manhattan workplace, fell on a public sidewalk near her building, injuring her shoulder and knee. A Workers' Compensation Law Judge initially established her claim for benefits. However, the Workers' Compensation Board reversed this, ruling that leaving the office for a walk constituted a significant interruption of her work activities, thus denying her claim. The appellate court reversed the Board's decision, citing precedents that short breaks do not interrupt employment and that the employer retains constructive control. The court found that the claimant's brief departure for a walk was not a purely personal mission negating the employer's control, and therefore the Board's determination was not supported by substantial evidence. The matter was remitted for further proceedings.

Authorized BreakSlip and FallCausally Related InjuryCourse of EmploymentConstructive ControlPersonal MissionAppellate ReviewBoard Decision ReversedSidewalk Injury
References
4
Case No. AHM 0077308 AHM 0075910
Regular
Jul 30, 2007

CLIFFORD GAMBLE vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, ET AL.

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition for reconsideration as untimely filed. United Airlines sought to clarify VRMA liability, arguing it shouldn't extend to periods the applicant interrupted rehabilitation services. The WCAB found no bad faith or frivolousness, noting the petition was a reasonable attempt to clarify a potential ambiguity in the original decision.

Workers' Compensation Appeals BoardUnited AirlinesGallagher Bassett ServicesClifford GamblePetition for ReconsiderationDecision After RemittiturVocational Rehabilitation Maintenance AllowanceVRMAQualified Injured WorkerTimely Filing
References
1
Case No. VNO 0496552
Regular
Aug 11, 2008

ROSA PEREZ vs. MARY O'CONNELL, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration due to a discrepancy in the applicant's temporary total disability (TTD) period. The Board rescinded the prior award finding an unbroken period of TTD, noting that paid indemnity payments suggest interruptions. The case is returned to the trial level for further proceedings and a new decision by the WCJ to address the TTD duration accurately.

Workers' Compensation Appeals BoardRosa PerezMary O'ConnellAmerican Manufacturers Mutual Insurance CompanyBroadspirehousekeeperindustrial injuryleft upper extremityleft ankleleft foot
References
0
Case No. ADJ2976308 (AHM 0075910) ADJ1926826 (AHM 0077308)
Regular
Jan 10, 2011

CLIFFORD GAMBLE vs. UNITED AIRLINES

This case concerns an applicant's claim for vocational rehabilitation benefits from United Airlines. The applicant interrupted services and did not seek reinstatement until over five years after the date of injury, which is beyond the statute of limitations. The Board denied reconsideration, finding that the applicant's vested right to benefits did not overcome the expired statute of limitations due to the delay. Applicant's arguments regarding improper notice, equitable tolling, and prior litigation were also rejected.

Vocational rehabilitationReconsiderationSubject matter jurisdictionVested rightSunset dateInterruptionStatute of limitationsReopenEquitable tollingLaches
References
7
Case No. ADJ3111070
Regular
Feb 10, 2009

EVANGELINE RODRIGUEZ, EVANGELINE RODRIGUEZ-DUARTE vs. SAN JOSE MEDICAL GROUP, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the appeals board granted reconsideration of an administrative law judge's award. While affirming the finding of industrial injury and permanent disability, the Board amended the award to grant the defendant credit for overpaid temporary disability indemnity. The defendant's arguments regarding the vocational expert's testimony and apportionment were otherwise rejected. The award of attorney's fees was also modified to allow for commutation to avoid interrupting benefits.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityVocational ExpertDiscovery Cut-offMedical OpinionApportionmentTemporary Disability IndemnityOverpaymentCredit
References
0
Case No. ADJ8558683
Regular
Jun 28, 2013

DARRYL FREITAS vs. HANSEL PRESTIGE, TOWER SELECT INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed from a non-final order, specifically a Notice of Hearing, not a final determination of substantive rights or liabilities. The Board also denied the defendant's request for removal, finding no evidence of substantial prejudice or irreparable harm. The Board admonished the defendant's attorney for filing what bordered on a frivolous petition, which improperly interrupted the proceedings. Consequently, the matter proceeded as if no reconsideration or removal had been sought.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightRemovalWCJ ReportSubstantial PrejudiceIrreparable HarmSanctionsNotice of Hearing
References
10
Case No. ADJ3867236 (LAO 0817551)
Regular
Jan 20, 2012

RODNEY LIDDELL vs. LOS ANGELES COUNTY PARKS & RECREATION, Permissibly Self-Insured c/o INTERCARE INSURANCE

The Appeals Board affirmed the WCJ's decision finding applicant entitled to vocational rehabilitation services and VRMA. The defendant argued that jurisdiction had expired and no procedural framework existed for completing a vocational rehabilitation plan. However, the Board found the defendant failed to comply with interruption notice requirements, thereby preserving the applicant's right to services. The Board suggested parties agree to a QRR or return to the WCJ for dispute resolution, confirming an adequate framework remains.

Workers' Compensation Appeals BoardReconsiderationFindings Order and AwardVocational RehabilitationVRMALabor Code Section 5410Rehabilitation UnitQualified Rehabilitation RepresentativeAdministrative Director Rule 9813Interruption Notice
References
0
Case No. ADJ4530388 (VNO 0514227) ADJ2302758 (VNO 0514230)
Regular
Jan 05, 2011

DALE HOLZBERGER vs. THE TIRE STORE; SCIF INSURED BAKERSFIELD

This Workers' Compensation Appeals Board decision grants reconsideration, amending a prior award for an auto mechanic's industrial injuries. The Board will allow credit for previously paid permanent disability and overpaid temporary disability, with amounts to be adjusted by the parties. It corrects a clerical error in the attorney's fee amount from $38,000 to $30,000. The Board affirms the 78% permanent disability award but clarifies how the attorney's fee commutation should be handled to avoid benefit interruption.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityTemporary DisabilityCreditOverpaymentCommutationAttorney's FeesLife PensionIndustrial Injury
References
5
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