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

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. 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. ADJ4114324 (VNO 0513026), ADJ4070161 (VNO 0521347)
Regular
Jul 18, 2011

JESUS CARDOSO vs. VARGAS FURNITURE MANUFACTURE, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the Employment Development Department's (EDD) petition regarding an attorney's fee deduction from its lien. The Board rescinded the prior award, finding that EDD did not waive its right to recover its lien in full, as it had not been properly served with the original decision. Furthermore, the Board clarified that EDD's lien recovery should be limited to the applicant's temporary disability indemnity rate, not its own higher payment rate. The Board also corrected several errors, including applicant's name, employer's insurance status, and the temporary disability rate calculation.

ReconsiderationAmended Joint Findings and AwardLien ClaimantEmployment Development Department (EDD)Workers' Compensation Administrative Law Judge (WCJ)Industrial InjuryLumbar SpinePsycheTemporary Disability IndemnityAttorney Fee
References
13
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. ADJ4177198
Regular
Jul 09, 2009

JESUS HERNANDEZ vs. WARNER BROS. STUDIOS.

This case involves an applicant, Jesus Hernandez, who claims industrial injuries to his back, lower extremities, psyche, and respiratory system while employed by Warner Bros. Studios. The employer sought reconsideration of a prior order, arguing the claims were barred by the post-termination defense under Labor Code section 3600(a)(10). The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's claimed respiratory system injury is not barred by the post-termination defense. The Board affirmed the prior order, finding that evidence of these injuries existed in pre-termination medical records.

Workers' Compensation Appeals BoardLabor Code section 3600(a)(10)post-termination defenseindustrial injuriesjanitorback injurylower extremitiespsyche injuryrespiratory system injuryinternal systems
References
0
Case No. ADJ11911958; ADJ11506199
Regular
Jun 24, 2025

JESUS RUBIO vs. CALPORTLAND COMPANY, MITSUI SUMITOMO

The Workers' Compensation Appeals Board denied Jesus Rubio's Petition for Removal against Calportland Company and Mitsui Sumitomo. The Board, after reviewing the WCJ's report, determined that the petitioner failed to demonstrate substantial prejudice or irreparable harm would result if removal was denied, or that reconsideration would not be an adequate remedy. An earlier petition filed by the applicant was deemed dismissed as the WCJ vacated the original order. The final decision upheld the denial of the petition.

Petition for RemovalWorkers' Compensation Appeals BoardAdjudication NumbersWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyWCAB Rule 10955(d)rescinds decision
References
2
Case No. MISSING
Regular Panel Decision

Plount v. American Home Assur. Co., Inc.

Plaintiffs Sherry Plount and Frank Williams filed a class action fraud lawsuit, alleging a civil RICO violation against multiple defendants including Jesus Soto and various brokerage and automotive planning entities. The plaintiffs claimed the defendants fraudulently sold them auto insurance that was neither approved by the State of New York Insurance Department nor sold by licensed individuals. The defendants moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) and 9(b) for failure to state a claim and inadequate pleading of predicate acts. District Judge Sweet granted the motion, emphasizing the critical need for specificity in pleading civil RICO claims to prevent reputational harm and to manage the influx of state-level disputes into federal courts. The complaint was dismissed, with leave for the plaintiffs to refile within 20 days, and the court declined jurisdiction over the pendent state claims.

Civil RICOClass ActionFraudPleading StandardsRule 9(b)Motion to DismissFederal JurisdictionRacketeeringEnterprise ElementSpecificity in Pleading
References
8
Case No. ADJ6931203
Regular
Sep 30, 2015

JESUS AYALA vs. TRANSTAR INDUSTRIES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Ayala's petition for reconsideration because it was not taken from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. Removal is an extraordinary remedy granted only in exceptional circumstances. Therefore, the petition seeking both reconsideration and removal was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural DecisionEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
6
Case No. ADJ8210922
Regular
Mar 03, 2016

JESUS ZAMORA vs. OCEANSIDE LAUNDRY LLC, TRUCK INSURANCE EXCHANGE

This case involves a petition for reconsideration filed by Jesus Zamora. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). The WCAB adopted the WCJ's report and denied the petition for reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ's reportDENIEDSan Jose District OfficeOceanside Laundry LLCTruck Insurance ExchangeADJ8210922
References
0
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