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Case Law Database

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

Case No. ADJ4225526 (GOL 0092072)
Regular
Apr 20, 2017

JESUS ARROYO vs. JOHN CRAVENS PLASTERING, STATE COMPENSATION INSURANCE FUND

This case involves Jesus Arroyo's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the reasoning of the workers' compensation administrative law judge. Medical evidence from Dr. Markovitz established that Arroyo suffered a total and permanent disability resulting from industrial injuries, including an aortic aneurysm repair and subsequent strokes. The Board found Dr. Markovitz's opinions constituted substantial medical evidence, despite conflicting defense opinions, and affirmed that all necessary medical care and permanent disability were industrially caused.

Workers' Compensation Appeals BoardJesus ArroyoJohn Cravens PlasteringState Compensation Insurance FundPetition for ReconsiderationAgreed Medical ExaminerGerald Markovitzechocardiogramaortic root dilationexpanding aortic aneurysm
References
0
Case No. MISSING
Regular Panel Decision

Arroyo v. Callahan

Plaintiff Mario Arroyo moved for judgment on the pleadings, challenging the Commissioner of Social Security's decision regarding the onset date of his disability. Arroyo sought Social Security Disability benefits, alleging disability from May 1987, but an Administrative Law Judge (ALJ) had set the onset date as January 17, 1992. The District Court found that the ALJ erred by not applying the correct legal standard, specifically by failing to consider lay and retrospective medical testimony regarding an earlier onset. The court concluded that the record overwhelmingly supported a May 1987 onset date for Arroyo's mental disability. Consequently, Arroyo's motion was granted, and the case was remanded to the Social Security Administration for the calculation and disbursement of benefits from May 1987 to January 17, 1992.

Social Security Disability Insurance (SSDI)Disability Onset DateMental DisabilityRetrospective Medical OpinionAdministrative Law Judge (ALJ) ReviewAppeals CouncilMedical EvidenceLay Witness TestimonyTreating Physician RuleRemand for Benefits Calculation
References
11
Case No. MISSING
Regular Panel Decision

Arroyo v. Westlb Administration, Inc.

Ricardo Arroyo, a Hispanic male, sued WestLB Administration, Inc. and West-deutsche Landesbank for racial discrimination and unlawful termination under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. He also alleged negligent infliction of emotional distress and negligent retention of an employee. Arroyo claimed he was subjected to racial slurs and threats from a coworker, Neil Williamson, over a period of two years, leading to his constructive discharge. The Bank moved for summary judgment. The Court found that the alleged incidents, though offensive, were isolated and sporadic, not severe or pervasive enough to create a hostile work environment under Title VII. Consequently, the claims for hostile work environment and constructive discharge were dismissed. The claims for negligent infliction of emotional distress and negligent retention were also dismissed as barred by the Workers’ Compensation Law.

Racial DiscriminationHostile Work EnvironmentUnlawful TerminationSummary JudgmentTitle VIIConstructive DischargeNegligent Infliction of Emotional DistressNegligent RetentionWorkers' Compensation Law ExclusivityFederal Rules of Civil Procedure Rule 56
References
25
Case No. MISSING
Regular Panel Decision

Arroyo v. Schweiker

Hiram Toro Arroyo applied for disability benefits, which were denied by the Secretary of Health and Human Services and upheld by an Administrative Law Judge (ALJ). The plaintiff appealed, arguing the ALJ failed to conduct a full and fair hearing, especially given his pro se status, limited education, and inability to read or write English. The court found that the ALJ did not adequately probe for relevant facts, advise on necessary medical reports, or specify alternative employment options. Furthermore, the ALJ's determination was not supported by substantial evidence. Consequently, the court vacated the Secretary's decision, remanded the case for a new hearing, and ordered it assigned to a different ALJ due to the previous ALJ's blatant disregard for due process.

Disability BenefitsSocial SecurityAdministrative Law JudgePro Se LitigantDue ProcessSubstantial EvidenceRemandJudicial ReviewSecretary of Health and Human ServicesBack Injury
References
4
Case No. No. 10
Regular Panel Decision
Mar 22, 2022

Jesus Ferreira v. City of Binghamton

Plaintiff Jesus Ferreira was shot by a police officer during the execution of a no-knock search warrant. The federal court found no special duty owed by the City of Binghamton and granted summary judgment to the City. The Second Circuit certified a question to the New York Court of Appeals regarding whether the 'special duty' requirement applies to municipal negligence claims where the injury is directly inflicted by municipal negligence. The Court of Appeals affirmed that a special duty is required for negligence claims against a municipality acting in a governmental capacity and clarified that such a duty can arise in the context of police planning and executing a no-knock search warrant, running to individuals within the targeted premises.

Municipal negligenceSpecial dutyGovernmental functionNo-knock warrantPolice liabilitySearch warrantDuty of careTort lawCourt of AppealsSecond Circuit
References
75
Case No. ADJ412057 (VNO 0532887) ADJ939403 (VNO 0550344)
Regular
Dec 23, 2013

SILVIANO ARROYO vs. SPECIALTY FABRICATIONS, INC., SENTRY INSURANCE, A MUTUAL COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Elizabeth Arroyo's lien for home health care services. The WCAB found that the lien should not have been dismissed because discovery regarding applicant's entitlement to home health care was ongoing and incomplete at the time of the lien conference. Furthermore, lien claimant Elizabeth Arroyo was not properly served with a Declaration of Readiness to Proceed, depriving her of an opportunity to object. The case was returned for further proceedings to allow for the resolution of the outstanding home health care issues.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDeclaration of ReadinessHome Health CareAgreed Medical EvaluatorMandatory Settlement ConferenceStipulation and AwardBifurcationDiscovery
References
2
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
References
0
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
7
Case No. ADJ2996723 (LAO 0841594), ADJ4157903 (LAO 0848595), ADJ4177198 (LAO 0848596)
Regular
May 30, 2017

JESUS HERNANDEZ vs. WARNER BROTHERS STUDIOS

The Workers' Compensation Appeals Board (WCAB) denied Warner Brothers Studios' petition for removal in the case of Jesus Hernandez. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result from denial and reconsideration is inadequate. The WCAB found that Warner Brothers failed to demonstrate either of these conditions based on the WCJ's report. Therefore, the petition for removal was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWorkers' Compensation Appeals BoardWCJ ReportFinal DecisionAdverse DecisionApplicant
References
2
Case No. ADJ8062169
Regular
Aug 23, 2013

OFELINA ARROYO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Ofelina Arroyo's petition for reconsideration in case ADJ8062169. The Board adopted and incorporated the findings of the workers' compensation administrative law judge. Therefore, the applicant's request for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDeny reconsiderationAdministrative law judgeSelf-insuredLos Angeles District OfficePermitCase numberApplicant
References
0
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