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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. ADJ7009305 ADJ6622776
Regular
Oct 01, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

Defendant Oakdale Joint Unified School District petitioned for reconsideration of a July 8, 2010 decision in this workers' compensation case. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This action is necessary for the WCAB to achieve a complete understanding of the record and issue a just decision. All further communications should be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan Francisco
References
0
Case No. ADJ1739967
Regular
Feb 08, 2012

JOHN ANDERSON vs. ECO BUILDING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Joint Petition for Reconsideration because it was not filed from a final order. The Board also denied the Petition for Removal, adopting the Administrative Law Judge's report and finding no showing of significant prejudice or irreparable harm. Therefore, the applicant's petitions were unsuccessful.

ADJ1739967SDO 0296218Petition for ReconsiderationPetition for RemovalJoint PetitionWCABLab. Code§ 5900§ 5903Cal. Code Regs.
References
0
Case No. MISSING
Regular Panel Decision
Sep 01, 2011

Errol S. v. Shelidah D.

The case involves an appeal concerning a Family Court order from New York County, dated September 1, 2011, which granted the father's petition to modify a joint custody arrangement and awarded him sole custody of his two children, with visitation rights to the respondent mother. The prior order had established joint custody with primary physical custody to the mother. The father sought modification due to concerns about the mother's inability to meet the children's basic hygiene and medical needs, as well as safety issues during their school commute. The Referee's decision to grant sole custody to the father was unanimously affirmed on appeal, citing a sound basis for credibility determinations against the mother, whose testimony was contradicted by multiple parties including the children's dentist. The court found that the father provided a stable home and addressed the children's needs, while the mother consistently failed to do so. The attorneys for the children also supported the affirmation, noting the children's satisfaction and well-being in the father's care.

Family LawChild CustodyJoint Custody ModificationSole Custody AwardParental FitnessChildren's WelfareMedical NeglectHygiene ConcernsCredibility DeterminationsAppellate Affirmation
References
4
Case No. ADJ11877438; ADJ11877439
Regular
Mar 28, 2025

WILLIAM ORLANDO ELIAS RAMIREZ vs. GRAND VIA AUTO REPAIR, ZENITH INSURANCE COMPANY

Applicant William Orlando Elias Ramirez claimed various injuries while employed by Grand Via Auto Repair, insured by Zenith Insurance Company. The workers' compensation administrative law judge (WCJ) issued a Joint Findings and Order, prompting defendant to seek reconsideration. The Appeals Board dismissed the petition for reconsideration, treating it as a petition for removal. The Board denied the petition for removal, concluding that no substantial prejudice or irreparable harm would result from the WCJ's interim procedural orders.

Interim Discovery OrdersPetition for RemovalPetition for ReconsiderationNon-Final OrderSubstantial Medical EvidenceQualified Medical EvaluatorPanel Qualified Medical EvaluatorInternal Medicine PanelOrthopedic ConditionsCumulative Trauma Injury
References
20
Case No. ADJ3663372 (SBR 0303384)
Regular
Aug 29, 2016

WILLIAM WEIDMAN III vs. CBS CORPORATION c/o WESTINGHOUSE ELECTRIC

Defendant CBS/Westinghouse petitioned for reconsideration of the Board's June 9, 2016 decision. However, before the Board could act, both parties jointly submitted a letter stating they had reached a Compromise and Release agreement. Consequently, the parties requested dismissal of the Petition for Reconsideration. The Board has now dismissed the defendant's Petition for Reconsideration based on this joint request.

Petition for ReconsiderationCompromise and ReleaseDismissalWorkers' Compensation Appeals BoardCBS CorporationWestinghouse ElectricMurphy & BeaneADJ3663372San Bernardino District OfficeOpinion and Decision After Reconsideration
References
1
Case No. ADJ3588884 (FRE 0222309) ADJ4330880 (FRE 0223217)
Regular
Feb 22, 2011

ENEDELIA LUNA vs. FRESNO UNIFIED SCHOOL DISTRICT, UNITED ARTISTS THEATRE CIRCUIT; AMERICAN MOTORISTS INSURANCE COMPANY, Administered By BROADSPIRE

This case concerns American Motorists Insurance Company's petition for reconsideration of a Joint Findings and Award. The original award addressed two admitted industrial injuries sustained by the applicant, one against Fresno Unified School District (FUSD) and another against United Artists Theatre Circuit, insured by American Motorists. The petition specifically challenges the WCJ's failure to incorporate a stipulated liability apportionment between the defendants into the award. The Appeals Board denied the petition, ruling that the WCJ correctly deferred the issue of contribution between co-defendants, as they remain jointly and severally liable to the applicant.

Petition for ReconsiderationJoint Findings and AwardSpecial Education Teacher's AideCumulative InjuryBilateral Upper ExtremitiesPermanent DisabilityFurther Medical TreatmentPermissibly Self-InsuredStipulated Percentage of LiabilityContribution Between Co-Defendants
References
5
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. ADJ8928936
Regular
May 06, 2015

DAVID ELEIDJIAN (Deceased), JULIE THOMAN as guardian ad litem for ELIZABETH ELEIDJIAN vs. HR COMP STAFFING LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, ACTION PERSONNEL AGENCY INC., HENKEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied their petition for removal. The WCAB found that the order joining Henkel Corporation as a party was an interlocutory procedural order, not a final order subject to reconsideration. Furthermore, the WCAB determined that the applicant was not denied procedural due process, as they had an opportunity to be heard on the joinder issue. Henkel Corporation was joined as a potential joint employer for the full adjudication of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalInterlocutory OrderProcedural Due ProcessJoinder of PartyJoint EmployerUninsured Employers Benefits Trust FundSubstantive RightsAdjudication
References
1
Case No. ADJ10560449
Regular
Sep 28, 2018

CYNTHIA AVALOS vs. YOUNGS CARGO, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant, Cynthia Avalos, sustained injuries while driving for Young's Cargo, Inc. (YCI). Southeast Personnel Leasing, Inc. (SPLI), argued it was not the applicant's employer, citing a co-employment agreement with YCI and the timing of receiving application paperwork. The Workers' Compensation Appeals Board denied SPLI's petition for reconsideration and dismissed its petition for removal. The Board affirmed the finding of joint and several liability for both SPLI and YCI, based on evidence of a dual employment relationship and SPLI's retroactive ratification of the applicant's employment status by issuing a paycheck.

Dual employmentSpecial employmentJoint and several liabilityCo-employment agreementRetroactive ratificationThreshold issueFindings of Fact and AwardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals Board
References
0
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