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

Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ408254 (STK 0196694)
Regular
Nov 14, 2008

CLIFFORD E. SILVA (deceased) LINDA SILVA (widow) vs. DAVINDER JAGPAL, DBA D-BEST EXPRESS, UNINSURED EMPLOYERS FUND

This case clarifies that the Uninsured Employers Benefits Trust Fund (UEF) is shielded from penalties and sanctions under Labor Code section 5813, even for delayed payment of attorney fees, due to the specific limitations of liability in Labor Code section 3716.2. The Court of Appeal reversed a prior decision that would have allowed sanctions against the UEF for its tardiness in paying an applicant's attorney fee. Therefore, the UEF is not liable for the requested sanction in this matter.

RemittiturUninsured Employers Benefits Trust FundSanctionsLabor Code Section 5813Labor Code Section 3716.2Attorney's FeesDeath BenefitStipulations with Request for AwardCourt of Appeal OpinionWillful or Bad Faith Actions
References
1
Case No. ADJ7852424, ADJ7938790
Regular
Mar 24, 2015

KEITH RAKONCZA vs. COUNTY OF STANISLAUS

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award for Keith Rakoncza. The Board denied reconsideration, adopting the judge's report which found that the defendant's arguments regarding apportionment and the applicability of Labor Code section 4658(d)(2) were unfounded. The judge found that the defendant's attempt to apportion disability retroactively was unjust and not supported by substantial evidence. Additionally, the judge determined that Labor Code section 4658(d)(2) applied because the defendant failed to make a timely offer of work within 60 days of the applicant's permanent and stationary date.

Workers' Compensation Appeals BoardKeith RakonczaCounty of StanislausYork Risk Services GroupInc.ADJ7852424ADJ7938790Petition for ReconsiderationLabor Code section 4658(d)(2)heart injury
References
1
Case No. 2018 NY Slip Op 08577
Regular Panel Decision
Dec 13, 2018

Quigley v. Port Auth. of N.Y. & N.J.

Plaintiff Thomas Quigley sustained injuries after slipping on snow-covered pipes located directly outside his employer's work site shanty. The case involved claims under Labor Law § 241 (6) based on alleged violations of Industrial Code sections 12 NYCRR 23-1.7 (d), (e)(1), and (e)(2), as well as common-law negligence and Labor Law § 200. The court modified a prior order, denying defendants' motion to dismiss the Labor Law § 241 (6) claim predicated on 12 NYCRR 23-1.7 (d), finding an issue of fact regarding whether the accident occurred in a walkway. It affirmed the dismissal of the claim based on 12 NYCRR 23-1.7 (e)(1) as inapplicable to outdoor areas, but affirmed the denial of dismissal for claims based on 12 NYCRR 23-1.7 (e)(2), 12 NYCRR 23-2.1 (a)(1), common-law negligence, and Labor Law § 200. The appellate court concluded that defendants failed to demonstrate lack of notice regarding the dangerous condition.

Slip and fallConstruction site accidentLabor LawIndustrial CodePremises liabilityDangerous conditionSummary judgmentDuty to warnNoticeAppellate review
References
10
Case No. ADJ6899666 ADJ6899667
Regular
Jan 25, 2016

KIMBERLY CHAMBERS vs. UCLA MEDICAL CENTER, Permissibly SelfInsured, Administered By SEDGWICK CMS

This case concerns an applicant's industrial injury causing cardiovascular and digestive system damage. The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as moot due to the judge's rescission of a prior award. The Board granted the defendant's petition, limiting the applicant's total temporary disability to 104 weeks per Labor Code section 4656(c)(2). The issue of a 15% permanent disability increase under Labor Code section 4658(d)(2) was deferred for further proceedings.

Petition for ReconsiderationDismissalFindings of FactOrder and AwardWCJPhlebotomistIndustrial InjuryCardiovascular SystemTemporary DisabilityPermanent Disability
References
1
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. SAL 0113062
Regular
Jan 02, 2008

, Maria LOURDES TAPIA, vs. REGENT ASSISTED LIVING, ALASKA NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision upholding a 24-visit limit for chiropractic treatment per industrial injury. The applicant argued that the statutory cap conflicted with the liberal construction mandate of Labor Code section 3202, but the Board found no ambiguity in the clear language of Labor Code section 4604.5(d)(1). The Board further clarified that the provision allowing employers to authorize additional visits in writing (LC 4604.5(d)(2)) did not remove the cap, nor did it render chiropractors meaningless within the workers' compensation system.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 4604.5(d)(1)chiropractic visitsoccupational therapyphysical therapyLiberal constructionLabor Code Section 3202employer authorizationFindings & Order
References
9
Case No. MISSING
Regular Panel Decision

Diamond D Construction Corp. v. New York State Department of Labor (DOL) Bureau of Public Works

This decision addresses Diamond D Construction Corp.'s motion for reconsideration, challenging the court's prior denial of a preliminary injunction. The court re-evaluates its stance on Eleventh Amendment immunity, concluding that Diamond D's claim for prospective injunctive relief against the Department of Labor's enforcement actions is not barred, distinguishing previous cases like Tekkno and Yorktown. While affirming the applicability of the Younger abstention doctrine, the court acknowledges that a 'narrow' exception for bad faith or harassment by the DOL might apply. To resolve factual disputes regarding whether the DOL acted in bad faith or violated Diamond D's substantive due process rights, the court grants the motion for reconsideration in part and orders evidentiary hearings.

Federal CourtEleventh AmendmentYounger AbstentionDue ProcessProcedural Due ProcessSubstantive Due ProcessMotion for ReconsiderationPreliminary InjunctionState SovereigntyEvidentiary Hearing
References
17
Case No. ADJ6807374, ADJ6807475
Regular
Apr 25, 2011

CIIRISTINE OSTRANDER vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

This case involves an employer's failure to provide an injured employee with timely notice of modified or alternative work following a determination of permanent and stationary status. While the employee eventually returned to her regular duties, the employer did not formally offer such positions within the 60-day window mandated by Labor Code section 4658(d)(2). Consequently, the employer is not entitled to a 15% decrease in permanent disability payments. However, the Appeals Board found that awarding the employee a 15% increase would elevate form over substance, given the employee's early return to regular work. Therefore, the Board rescinded the original award of a 15% increase and modified the decision to state there is no 15% adjustment under Labor Code section 4658(d).

Workers' Compensation Appeals BoardChristine OstranderCounty of Los Angeles/Sheriff's Departmentindustrial injuryrespiratory systemasthmainternal diseasepermanent disabilitypermanent and stationary (P&S) dateLabor Code section 4658(d)
References
2
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