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

Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. MISSING
Regular Panel Decision

Brown v. Micheletti

This case involves an appeal concerning a personal injury action. Defendants Henry Micheletti and Castagna & Son, Inc., along with third-party defendants Castagna & Son, Inc. — Raisler Corp., a joint venture, and Raisler Corp., appealed a Supreme Court order. The order had granted plaintiffs' motion to dismiss workers' compensation affirmative defenses and denied the defendants' cross-motion to dismiss the complaint. The appellate court dismissed the appeal, ruling that the purported order was a non-appealable trial ruling made after the commencement of the trial, not a proper appealable order. Despite the procedural dismissal, the court reviewed the merits for judicial economy and found that, if properly before them, they would affirm the lower court's determination that the personal injury action was not barred by workers' compensation, as Micheletti was a general employee of Castagna & Son, Inc., not the joint venture that employed the injured plaintiff, Curtis Brown.

Personal InjuryWorkers' Compensation DefenseAppealability of OrdersTrial RulingsCPLR Procedural RulesSummary Judgment MotionJoint Venture LiabilityGeneral EmployeeSpecial EmployeeEmployer Liability
References
24
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. ADJ3688325 (SBR 0323875) ADJ1445844 (SBR 0323876) ADJ4577184 (SBR 0323877)
Regular
Sep 22, 2009

MARIA FUENTES vs. WAKEFIELD ENGINEERING, AIG COSTA MESA, LUMBERMEN'S MUTUAL CASUALTY CO.

This case involves a defendant seeking reconsideration of an order that reinstated a prior workers' compensation award. The defendant argued the order erroneously reinstated the award after it was dismissed from one of the underlying cases and was not given due process. The Appeals Board dismissed the reconsideration petition, finding the order at issue was not a final order and thus not subject to review under Labor Code section 5900. Furthermore, the Board denied a petition for removal, concluding the defendant failed to demonstrate significant prejudice or irreparable harm, as it remains liable under the joint award and can seek contribution from another insurer.

WCABPetition for ReconsiderationPetition for RemovalOrder Setting Aside Findings and AwardVocational Rehabilitation BenefitsQualified Injured WorkerSpecific InjuryCumulative TraumaInsurance CoverageParty Defendant
References
7
Case No. ADJ7541189
Regular
Jul 22, 2013

MARIA DEL CARMEN POSADA vs. MICHAEL JOSEPH FURIE SALON, REPUBLIC INDEMNITY

This case involves a lien claimant seeking reconsideration of an order dismissing its lien. The Workers' Compensation Appeals Board dismissed the petition because the claimant was not a party to the case in which the order was issued, therefore it was not aggrieved by the order. The Board noted procedural issues with the original order's service and the judge's subsequent attempt to vacate it. However, the dismissal of the petition for reconsideration stands, and the lien claimant may still pursue its claim in the proper case or file a new lien.

Petition for ReconsiderationLien ClaimantWCJ OrderLabor Code Section 5900Aggrieved PartyCompromise and ReleaseLien ConferenceADJ NumbersWCABVacate Order
References
0
Case No. ADJ7331340
Regular
Sep 07, 2012

JAKE VU vs. MOLINA HEALTH CARE CENTER, TRAVELERS

The applicant sought reconsideration of a WCJ's order dismissing his workers' compensation case. The applicant claimed he did not understand he was dismissing his case when he signed the dismissal order on the same day he dismissed his attorney. The Appeals Board dismissed the petition as untimely, as it was filed over three months after the dismissal order was served. While the petition was dismissed, the Board advised the applicant that he could file a new application for adjudication of claim within the statutory period if he wished to pursue his claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIn pro perNotice of Dismissal of Attorneyuntimely petitionjurisdictionLabor CodeInformation and Assistance OfficeApplication for Adjudication of Claim
References
4
Case No. ADJ7626694
Regular
Oct 03, 2011

NARKEITHIA TATE vs. CONTRA COSTA COUNTY; EMPLOYMENT AND HUMAN SERVICES

This case involves applicant Narkeiithia Tate's petition for reconsideration of a Notice of Intention to Order Dismissal. The WCJ initially ordered dismissal due to the applicant's failure to appear at her deposition and multiple conferences. The applicant claimed she was absent due to a family emergency and lack of knowledge about the deposition. The Appeals Board dismissed her petition for reconsideration because the initial notice was not a final order. However, the Board granted removal on its own motion, deeming the petition a timely objection, and returned the case to the trial level for a new judge to determine good cause for her absences.

Workers Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Order DismissalFailure to AppearDepositionWCAB ConferencesGood CauseRemovalAdministrative Law JudgeFinal Order
References
4
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
12
Case No. ADJ9734483, ADJ9502727
Regular
Oct 08, 2015

JUAN PALMA vs. CORNERSTONE CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant whose case, ADJ9502727, was inadvertently dismissed due to a clerical error when he filed a dismissal petition for a duplicative case, ADJ9734483. Although the applicant's petition for reconsideration was untimely and therefore dismissed, the Appeals Board granted removal on its own motion. The Board rescinded the erroneous dismissal order for ADJ9502727, finding it caused significant prejudice and was a correctable clerical mistake. The matter is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseADJ9502727ADJ9734483WCJremovalclerical erroruntimely petitionrescinded order
References
5
Case No. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
References
9
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