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

Case No. ADJ9507607
Regular
Nov 14, 2017

ROBERT HAVAY vs. STATE OF CALIFORNIA, Legally Uninsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case for further proceedings regarding applicant's industrial heart injury. While the Board affirmed the finding of pulmonary permanent disability based on AMA Guides application, they found the WCJ erred in applying the heart injury presumption under Labor Code section 3212. The matter is remanded to allow analysis under Labor Code sections 3212.2 or 3212.10, and to determine if extreme physical or emotional industrial stress contributed to the applicant's permanent disability.

WCABRobert Havaycorrectional sergeantindustrial injuryheart injurypulmonary systempermanent disability3212 presumptionSamuel L. SobolM.D.
References
2
Case No. MISSING
Regular Panel Decision
May 03, 2000

RLI Insurance v. New York State Department of Labor

This appeal concerns a dispute between a surety and the Department of Labor over funds held by a school district. The surety, after posting performance and payment bonds for a public improvement project, expended over $176,000 to complete the project and pay laborers following the contractor's default. The Department of Labor sought to withhold funds from the school district for the contractor's underpaid wages on both the subject project and an unrelated one, invoking Labor Law § 220-b (2) (a) (1). The Supreme Court dismissed the surety's application, ruling that the Department of Labor's claim for underpaid wages, even from unrelated projects, was superior. The Appellate Division affirmed this judgment, establishing that Labor Law § 220-b (2) creates a statutory trust for underpaid wages that takes precedence over a surety's subrogation claims.

Surety bondsPerformance bondPayment bondPublic improvement projectSubrogation rightsUnderpaid wagesPrevailing wageStatutory trustLien LawLabor Law
References
3
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
0
Case No. MISSING
Regular Panel Decision
Mar 17, 1971

Hodgson v. Liquor Salesmen's Union, Local No. 2

The Secretary of Labor brought an action to set aside the January 9, 1970 election of officers for Liquor Salesmen’s Union, Local No. 2, and to order a new supervised election. The Secretary alleged violations of 29 U.S.C. § 481(g), specifically that the Union used its financed publication, "The Journal," to promote incumbent candidates and that an employer used company funds to influence the election. The court found that the Union's use of "The Journal" did violate § 481(g) and that this likely affected the election outcome, given the narrow margins of victory for incumbents. However, the court found no direct employer contribution to promote candidates. The court also rejected the defendant's First Amendment and vagueness challenges to § 481(g). Consequently, the court voided the election and ordered a new election under the Secretary's supervision.

Union Election LawLMRDA Section 481(g)Union Funds MisuseCampaign LiteratureEmployer Election InterferenceExhaustion of Union RemediesFirst Amendment RightsLabor Organization GovernanceElection IrregularitiesFederal District Court
References
16
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. MISSING
Regular Panel Decision

DeGabriel v. Strong Place Realty, LLC

This case concerns motions for reargument and renewal following a workplace accident. Plaintiff Cesar DeGabriel was injured when an I beam fell on his leg at a construction site. Plaintiff sued defendants Rockledge Scaffold Corp., Strongrew Realty, LLC, and Strong Place Realty, LLC, alleging violations of Labor Law §§ 200, 240(1), and 241(6). Defendant Rockledge moved to reargue the partial denial of its summary judgment motion on Labor Law § 200 and common-law negligence claims. Plaintiff cross-moved to reargue and renew the dismissal of his Labor Law § 240(1) claim and the court's finding regarding Industrial Code § 23-1.7(e)(2). The court denied Rockledge's motion, finding issues of fact regarding negligent stacking of I beams under Labor Law § 200. The court also denied plaintiff's motions, ruling that Labor Law § 240(1) was inapplicable as the I beam was stationary, and Industrial Code § 23-1.7(e)(2) did not apply, suggesting § 23-2.1 was more relevant. Both the defendant's and plaintiff's motions were ultimately denied.

Workplace accidentLabor Law claimsSummary judgment motionReargumentRenewal motionFalling object injuryConstruction site safetyCommon-law negligenceIndustrial Code violationsPremises liability
References
11
Case No. ADJ7089701
Regular
May 24, 2012

GREGORY DOLLAR vs. KERN COUNTY PROBATION DEPARTMENT, COUNTY OF KERN

This Workers' Compensation Appeals Board decision awards supplemental attorney's fees of $2,800.00 to applicant's counsel, Adams, Ferrone & Ferrone. The award follows a Court of Appeal order denying the defendant's petition for writ of review and remanding for supplemental fees under Labor Code § 5801. The Court of Appeal found no reasonable basis for the defendant's petition. The parties stipulated to the reasonableness of the fee amount.

Supplemental Attorney's FeeLabor Code § 5801Petition for Writ of ReviewRemandStipulationWCABAdams Ferrone & FerroneCounty of Kern Probation DepartmentFifth Appellate DistrictReasonable Attorney's Fees
References
1
Case No. ADJ3299212
Regular
Oct 18, 2011

LISA WEILMANN vs. UNITED TEMPORARY SERVICE, TIG SPECIALTY INSURANCE COMPANY

This Workers' Compensation Appeals Board opinion awards supplemental attorney's fees of $2,100.00 to applicant's counsel. This award stems from the Court of Appeal's denial of the defendant's petition for writ of review and its subsequent granting of the applicant's request for fees under Labor Code § 5801. The applicant's attorney requested this fee for six hours of work at $350 per hour, which the Board found reasonable. The award is against TIG Specialty Insurance Company.

WORKERS' COMPENSATION APPEALS BOARDSUPPLEMENTAL ATTORNEY'S FEESLABOR CODE § 5801Court of Appealpetition for writ of reviewremittiturapplicant's attorney requestreasonable feeTIG Specialty Insurance CompanyRisk Enterprise Management
References
1
Case No. ADJ1666303
Regular
Oct 21, 2011

ALTHEA RUSSELL vs. SECURITAS SECURITY SERVICES, BROADSPIRE

This case involves a supplemental award of attorney's fees to the applicant's attorneys, Charles Clark and Stuart Barth, following a successful defense against the defendant's petition for writ of review. The Court of Appeal remanded the matter to the Workers' Compensation Appeals Board (WCAB) to make this supplemental award under Labor Code § 5801. The WCAB reviewed the fee requests and, after disallowing fees for a separate sanctions motion, awarded Clark $2,800.00 and Barth $1,207.50 for their appellate services.

Labor Code § 5801supplemental attorney's feeswrit of reviewpetition for writ of reviewreasonable feeattorney servicesWorkers' Compensation Appeals BoardSecuritas Security ServicesBroadspireCourt of Appeal
References
1
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