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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

McCullough v. Bennett

Petitioner Robert McCullough filed a pro se federal habeas corpus petition challenging his New York state conviction for burglary, assault, and weapon possession. He alleged prosecutorial misconduct during the execution of a material witness order and ineffective assistance of trial and appellate counsel, including the failure to object to a C.P.L. § 710.30 notice. The court denied his motion for a stay, deeming unexhausted claims procedurally defaulted or not cognizable. On the merits, the court found no prosecutorial misconduct and, despite trial counsel's error regarding C.P.L. § 710.30 notice, no constitutional prejudice resulted as the statement was spontaneous and admissible. All other ineffective assistance claims were also rejected. Consequently, the court denied McCullough's petition and dismissed the case.

Habeas CorpusIneffective Assistance of CounselProsecutorial MisconductProcedural DefaultCPL 710.30Fifth AmendmentSpontaneous StatementMaterial Witness OrderStrickland v. WashingtonEvidentiary Hearing
References
101
Case No. MISSING
Regular Panel Decision

McCullough v. Xerox Corp.

Plaintiff Loretha McCullough, a former Xerox employee, brought an action against Xerox alleging unlawful salary disparities based on race and sex under the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964. McCullough claimed she was paid less than male and/or Caucasian employees in similar positions since 2004. Xerox moved for summary judgment to dismiss the entire complaint. The court granted summary judgment in part, dismissing McCullough's Title VII race and sex-based discrimination claims and her EPA claim related to her participation in the Black Belt Program. However, the court denied summary judgment on McCullough's EPA claims arising from her employment as a Human Resources Manager, allowing these specific claims to proceed.

Equal Pay ActTitle VIIRace DiscriminationSex DiscriminationSalary DisparitySummary JudgmentHuman Resources ManagerBlack Belt ProgramEEOCPrima Facie Case
References
10
Case No. ADJ7489160
Regular
Oct 12, 2015

IRMA CERON vs. NICE CLEANERS

The Workers' Compensation Appeals Board denied Irma Ceron's Petition for Removal against Nice Cleaners. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board adopted the WCJ's report, finding that reconsideration after a final decision would be an adequate remedy. The applicant's request for further discovery after the Mandatory Settlement Conference, when discovery was closed, was also a factor in the denial.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationinterlocutory orderDeclaration of ReadinessMandatory Settlement Conferencediscovery closure
References
2
Case No. ADJ7259664
Regular
Nov 01, 2011

IRMA MCCULLOUGH vs. EAST BAY MUNI UTILITY DISTRICT, ATHENS ADMINISTRATOR

The Workers' Compensation Appeals Board denied the Defendant's Petition for Removal. The Defendant argued that discovery closure language was omitted from the hearing minutes. However, the Board found no irreparable harm or prejudice to the Defendant. The Board also noted the Applicant obtained representation on the hearing date and should be allowed to confer with counsel.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDiscovery ClosureMSCPrejudiceTrial JudgeUnspecified District OfficeAthens AdministratorEast Bay Muni Utility District
References
0
Case No. ADJ3064573 (VNO 0432593) ADJ2790051 (VNO 0306694)
Regular
Aug 06, 2010

GEORGIA E. McCULLOUGH vs. COUNTY OF LOS ANGELES

This case involves Georgia E. McCullough appealing a decision from the Workers' Compensation Appeals Board (WCAB) regarding her claims against the County of Los Angeles. The WCAB, after reviewing the petition for reconsideration and the workers' compensation administrative law judge's (WCJ) report, has denied the reconsideration. The order explicitly adopts and incorporates the reasons stated in the WCJ's report as the basis for denial. Consequently, the applicant's petition is denied.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationDenying ReconsiderationWCJ ReportApplicantDefendantCounty of Los AngelesPermissibly Self-InsuredCase NumbersAdministrative Law Judge
References
0
Case No. ADJ7198621
Regular
Jan 18, 2012

Sultan McCullough vs. Cleveland Browns, et al.

The Workers' Compensation Appeals Board (WCAB) dismissed the Cleveland Browns' petition for reconsideration as untimely. The Browns failed to file their petition within the 25-day deadline applicable to their California-based attorneys after the initial award was issued on December 19, 2011. Although the petition was untimely, the WCAB indicated that it would have been denied on the merits as well. The WCAB found sufficient evidence to establish subject matter jurisdiction, concluding that applicant Sultan McCullough likely signed his contract in California, his home address.

Workers' Compensation Appeals BoardPetition for ReconsiderationSubject Matter JurisdictionContract of HireTimelinessLabor CodeCalifornia Code of RegulationsProof of ServiceAdministrative Law JudgeFindings and Award
References
4
Case No. ADJ529329
Regular
Feb 20, 2013

IRMA GONZALEZ vs. J & L FARMS, BROADSPIRE CIGA

This case involves Irma Gonzalez's petition for reconsideration, which has been dismissed by the Workers' Compensation Appeals Board. The dismissal is based on two grounds: the petition was not filed from a final order and was untimely. The Board adopted the administrative law judge's report and recommendation as the basis for this decision.

Petition for ReconsiderationDismissedFinal OrderTimely-FiledReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeJ & L FarmsBroadspire CIGAIRMA GONZALEZ
References
0
Case No. SAC 0354460 SAC 0354512
Regular
Jul 20, 2007

IRMA WILLIAMS vs. U.C. DAVIS MEDICAL CENTER

This case concerns Irma Williams' appeal of a Workers' Compensation Appeals Board (WCAB) decision that overturned a prior finding of industrial injury to her back. The WCAB denied reconsideration, finding that the applicant failed to provide substantial medical evidence of cumulative trauma. Despite the applicant's arguments about strenuous job duties, the Board concluded the medical report was insufficient to establish a compensable injury.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryCumulative TraumaAOE/COESubstantial EvidenceWCJ CredibilitySub Rosa FilmDegenerative Joint DiseaseRadicular Symptoms
References
2
Case No. 2019 NY Slip Op 06459
Regular Panel Decision
Sep 10, 2019

Vega v. CM & Assoc. Constr. Mgt., LLC

Plaintiff Irma Vega sued CM and Associates Construction Management, LLC, alleging that she was employed as a manual laborer and was paid biweekly instead of weekly, violating Labor Law § 191 (1) (a). She sought liquidated damages, interest, and attorney's fees pursuant to Labor Law § 198 (1-a). The defendant's motion to dismiss the complaint, which was denied by the Supreme Court, Bronx County, was unanimously affirmed by the Appellate Division, First Department. The court clarified that Labor Law § 198 (1-a) provides remedies for untimely payment of wages, encompassing situations where frequency requirements are violated, even if all wages are eventually paid before an action commences. It further affirmed that a private right of action is expressly provided and, in the alternative, implied for violations of Labor Law § 191, thus rejecting the defendant's arguments against such claims.

Wage claimsManual laborerBiweekly paymentWeekly payment requirementLiquidated damagesLabor Law violationsPrivate right of actionUnderpayment definitionTimely wage paymentEmployer obligations
References
11
Case No. ADJ9520089
Regular
Nov 21, 1937

IRMA SOLIS DIAZ vs. JESSE NAVARRO & LUPITA GUTIERREZ dba CASA DEL LAGO, UEBTF

The Workers' Compensation Appeals Board (WCAB) denied Irma Solis Diaz's petition for reconsideration in the case against Jesse Navarro and Lupita Gutierrez dba Casa del Lago. The Board adopted and incorporated the report of the workers' compensation administrative law judge (WCJ). The specific grounds for the denial are not detailed in this opinion but are attributed to the WCJ's report. Therefore, the initial decision, whatever it was, stands.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYINGWCJ'S REPORTADOPT AND INCORPORATELOS ANGELES DISTRICT OFFICEAPPLLICANTDEFENDANTSCASE NOOPINION AND ORDER
References
0
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