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

Case No. ADJ18376723
Regular
Oct 09, 2025

Miguel Mejinez vs. Substance Abuse Treatment Facility, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding an order that rescinded a prior directive for the applicant to disclose medical history under Labor Code section 4663(d). The defendant argued that section 4663(d) compels disclosure upon request and that they suffered prejudice from the applicant's refusal. However, the Board, concurring with the WCJ's recommendation, found that while section 4663 broadened the scope of discovery, it did not expand the methods of compelled discovery, which are limited to oral testimony and records under Labor Code section 5708. Consequently, the defendant failed to demonstrate substantial prejudice or irreparable harm necessary for removal, concluding that written interrogatories are not an appropriate method for compelled discovery in workers' compensation cases.

Petition for RemovalOrder Rescinding OrderMedical History DisclosureLabor Code Section 4663(d)Previous Permanent DisabilitiesPhysical ImpairmentsSubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWritten Interrogatories
References
12
Case No. ADJ1 0277951
Regular
Jul 17, 2017

DANNY HILL vs. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

The defendant, Department of Transportation, sought to compel the applicant, Danny Hill, to disclose all prior permanent disabilities and physical impairments under Labor Code section 4663(d). The WCJ initially denied the defendant's petition, finding no good cause. The Appeals Board granted the defendant's Petition for Removal, rescinded the WCJ's denial, and returned the matter for further proceedings. The Board found the WCJ's denial unsupported, as Labor Code section 4663(d) unequivocally requires such disclosure upon request.

Petition for RemovalPetition to Compel DisclosureLabor Code section 4663(d)permanent disabilitiesphysical impairmentsWCJ denialAppeals Boardtrial levelmedical treatmentapplicant disclosure
References
2
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. 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. MISSING
Regular Panel Decision

Dugandzic v. New York City School Construction Authority

Mirolsav Dugandzic, a painter, sued multiple defendants, including the NYCSCA, Trataros Construction, and Crowe Construction, after slipping on paint remover at Fort Hamilton High School in 1992. He alleged negligence and violations of Labor Law sections 200 and 241(6), and Industrial Code section 23-1.7(d). The defendants moved for summary judgment, arguing the accident was due to his work, they lacked notice of a dangerous condition, and no Labor Law violation. The court found the motions timely and dismissed the Labor Law section 241(6) claim, as the Industrial Code section 23-1.7(d) was deemed inapplicable to the plaintiff's self-created slippery condition. However, the court denied the dismissal of the Labor Law section 200 claim against some defendants, citing a factual dispute over supervisory control. The City's cross-motion for summary judgment was granted, dismissing all claims against it due to a lack of evidence of its supervision or control.

Labor LawIndustrial CodeWorkplace SafetySummary Judgment MotionNegligence ClaimConstruction Site AccidentSlippery FloorEmployer LiabilitySupervisory ControlHazardous Materials
References
11
Case No. ADJ3767421 (SFO 0438615)
Regular
Aug 02, 2010

MICHELLE ROUTSON vs. JOHN EVANS, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that found it lacked jurisdiction over a petition to transfer structured settlement payment rights. The WCAB rescinded the prior decision, holding that the five-year limitation under Labor Code section 5804 does not apply to commutations of compensation payments. Instead, such matters are governed by Labor Code section 5100, which allows the WCAB to commute payments at any time if certain conditions are met. The case is returned to the trial level for the WCJ to determine if the proposed transfer satisfies section 5100 and related Insurance Code provisions.

Structured settlement transferPetition for ApprovalInsurance Code §10134Labor Code §5804commutationWorkers' Compensation Appeals Boardjurisdictionrescindedfive-year limitationLabor Code §5100
References
1
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
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. MISSING
Regular Panel Decision

Nagel v. D & R REALTY CORP.

Bruce Nagel, an elevator safety inspector, suffered injuries after slipping on oil during a two-year safety test. He and his wife sued D & R Realty Corp., the building owner, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), particularly Industrial Code § 23-1.7 (d). The claims under §§ 200 and 240 (1) were withdrawn. Both the Supreme Court and the Appellate Division granted summary judgment to the defendant, ruling Nagel's work was routine maintenance, not construction, demolition, or excavation under Labor Law § 241 (6). The Court of Appeals affirmed, holding that Labor Law § 241 (6) protections do not extend to maintenance work outside the construction context.

Elevator accidentLabor LawSection 241(6)Routine maintenanceConstruction workDemolition workExcavation workIndustrial CodeSafety inspectionBuilding owner liability
References
6
Case No. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
6
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