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

Case No. ADJ397148 (VNO 0391584)
Regular
Jan 20, 2016

Julie Scheuer vs. COUNTY OF LOS ANGELES, ACCLAMATION INSURANCE MANAGEMENT SERVICE

The Workers' Compensation Appeals Board (WCAB) dismissed Julie Scheuer's petition for reconsideration of a prior award. The petition was dismissed because it was not properly served on all necessary parties as required by California law, including the employer and their adjusting agency. Even if the petition had been properly served, the WCAB stated it would have denied it on its merits based on the WCJ's report. Therefore, the WCAB's order is to dismiss the applicant's petition for reconsideration.

Workers' Compensation Appeals BoardJulie ScheuerCounty of Los AngelesAcclamation Insurance Management ServiceFindings of Fact and Awardpermanent disabilityapportionmentPetition for ReconsiderationLabor Code section 5905service
References
1
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 529937
Regular Panel Decision
Jul 23, 2020

Matter of Wolkiewicz v. Lincare Holdings Inc.

Claimant Julie Wolkiewicz was injured in June 2006 and filed for workers' compensation benefits. The employer and carrier (Lincare Holdings Inc.) sought reimbursement from the Special Disability Fund due to alleged preexisting physical impairments under Workers' Compensation Law § 15 (8) (d). Despite a pretrial conference statement purportedly reflecting an agreement for § 15 (8) (d) to apply, the Special Funds Group later moved to discharge the Fund, arguing that the carrier failed to submit medical evidence by the July 1, 2010 statutory cut-off. The Workers' Compensation Board agreed, disavowing any prior precedent suggesting otherwise, and concluded that the carrier had not established a viable claim for reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, rejecting the carrier's arguments regarding the preclusive effect of the pretrial conference statement and promissory estoppel, emphasizing the carrier's failure to submit timely medical evidence.

Workers' Compensation LawSpecial Disability FundReimbursement ClaimPretrial ConferenceMedical Evidence DeadlineStatutory ComplianceAppellate ReviewBoard PrecedentArbitrary and CapriciousPromissory Estoppel
References
14
Case No. 2019 NY Slip Op 02373 [170 AD3d 1227]
Regular Panel Decision
Mar 27, 2019

Simon v. Granite Bldg. 2, LLC

This case involves an appeal concerning an action for personal injuries and wrongful death. The plaintiff, Charles Simon, individually and as administrator of Julie Simon's estate, sued Granite Building 2, LLC, Kulka Contracting, LLC, and FXR Construction, Inc., after Julie Simon died and Charles Simon was injured in a construction site accident. The incident occurred when their vehicle slid on ice in an unfinished parking garage, causing it to fall into an excavation pit. A jury found Granite and Kulka negligent. The Appellate Division affirmed the judgment, concluding that issues regarding the 'storm in progress' doctrine and the construction manager's liability were properly submitted to the jury. The court also upheld the reduced damages awards as not materially deviating from reasonable compensation.

Personal InjuryWrongful DeathConstruction Site AccidentNegligenceLabor LawPremises LiabilityJury VerdictDamagesAppellate ReviewCPLR 4404
References
20
Case No. ADJ6884377
Regular
Jul 01, 2011

JULIE PATTERSON vs. SAFEWAY INC.

Here's a summary for a lawyer in four sentences: The Workers' Compensation Appeals Board denied reconsideration for lien claimant Cole Chiropractic's petition regarding applicant Julie Patterson's claim against Safeway Inc. The Board adopted the Administrative Law Judge's (ALJ) report, which found that the lien claimant waived issues concerning service of medical reports by failing to raise them before reconsideration. The ALJ also determined that the applicant failed to establish a compensable cumulative injury, and the lien claimant sought reimbursement for treatment for a non-compensable condition outside the statutory liability window. Ultimately, the Board found the Agreed Medical Examiner's opinion more persuasive and denied the lien claimant's request for payment.

WCABSafeway Inc.Julie PattersonADJ6884377Order Denying ReconsiderationPetition for ReconsiderationWCJWCAB Rule 10608(c)waivedRemoval
References
3
Case No. MISSING
Regular Panel Decision
Aug 08, 2002

Frey v. Whistler

Julie A. Frey, a volunteer firefighter, commenced a negligence action after sustaining injuries in a fire truck collision with a vehicle driven by Harold J. Whistler. Whistler, in turn, initiated a third-party action against the Town of Newstead Fire Co., Inc. and William G. Hawes, the fire truck driver. The Supreme Court, Erie County, initially granted summary judgment dismissing the third-party complaint, concluding that Frey had not suffered a "grave injury" as defined by Workers' Compensation Law § 11. However, the appellate court reversed this decision, clarifying that the Volunteer Firefighters' Benefit Law, which lacks the "grave injury" limitation, governs such third-party actions, not the Workers' Compensation Law. The court emphasized that it would not read the Workers' Compensation Law's specific amendments into the distinct statutory scheme of the Volunteer Firefighters' Benefit Law without express legislative intent.

Volunteer Firefighters' Benefit LawWorkers' Compensation Law § 11Grave InjuryThird-Party ActionStatutory InterpretationLegislative IntentEmployer LiabilityCoworker LiabilitySummary JudgmentAppeal Reversal
References
6
Case No. ADJ514653 (SAC 0353041)
Regular
Mar 23, 2016

JULIE JESSEE vs. PERMANENTE MEDICAL GROUP, HEALTHSOUTH CORP

The Workers' Compensation Appeals Board (WCAB) dismissed Julie Jessee's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board also denied her Petition for Removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The WCJ's report, which the WCAB adopted, indicated the decision at issue was an interlocutory procedural or evidentiary one. Therefore, both requests were denied as untimely and without sufficient grounds.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutoryProcedural DecisionEvidentiary DecisionExtraordinary RemedySubstantial Prejudice
References
6
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
1
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