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

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

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. 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. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
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

Pardo v. Bialystoker Center & Bikur Cholim, Inc.

The plaintiff appealed two orders from the Supreme Court, New York County. The first order, dated September 12, 2002, and the second, dated February 27, 2003, had denied the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and precluded him from asserting Labor Law claims at trial concerning the alleged failure of defendants to secure a scaffold with "tie-ins." The appellate court modified the lower court's orders, vacating the provisions that barred the plaintiff from offering evidence regarding the defendants' alleged failure to use tie-ins. The court affirmed the orders in all other respects. It emphasized that under Labor Law § 240 (1), a plaintiff only needs to demonstrate that injuries were partially attributable to the defendant's failure to implement statutorily mandated safety measures to protect against elevation-related risks. The court also clarified that contributory negligence is irrelevant in such cases. The plaintiff's belated request to plead a violation of Industrial Code § 23-5.8 (g) was denied due to an unequivocal waiver of his Labor Law § 241 (6) cause of action.

Labor LawScaffold SafetySummary JudgmentElevation HazardsProximate CauseContributory NegligenceTie-insWorkplace AccidentStatutory Safety MeasuresAppellate Decision
References
7
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. ADJ3141261 (LAO 0814644) ADJ3582498 (LAO 0815914)
Regular
Feb 09, 2009

MARIA DEL CARMEN CEJA vs. INTESYS TECHNOLOGIES, INC., BROADSPIRE

This case concerns a workers' compensation lien for chiropractic treatment. The administrative law judge previously ruled that only 24 visits were compensable under Labor Code Section 4604.5(d)(1). The Workers' Compensation Appeals Board granted reconsideration, finding this interpretation erroneous. The Board rescinded the prior finding and returned the matter for further proceedings, clarifying that the 24-visit limit applies only to injuries occurring on or after January 1, 2004, which these pre-2004 injuries do not.

Workers' Compensation Appeals BoardLien claimantReconsiderationLabor Code Section 4604.5Chiropractic visitsCompromise & ReleaseDate of injuryMedical treatment utilization schedulePresumptively correctRebuttable presumption
References
1
Case No. LBO 0369190
Regular
Apr 21, 2008

MARTIN PEREZ vs. ROYAL CABINETS, EMPLOYERS DIRECT INSURANCE CO.

This case concerns a lien claim by a chiropractor for $13,474.90 for 45 visits. The Workers' Compensation Appeals Board (WCAB) reconsidered the decision, determining that Labor Code Section 4604.5(d)(1) limits chiropractic visits to 24 per industrial injury for injuries after January 1, 2004. The WCAB found the lien claimant failed to prove the existence of a second cumulative trauma injury, therefore limiting the lien to 24 visits.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseLien ClaimantChiropractic TreatmentLabor Code Section 4604.5(d)(1)Medical Treatment Utilization ScheduleAmerican College of Occupational and Environmental MedicineOccupational Medicine Practice GuidelinesCumulative Trauma Injury
References
2
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
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