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

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. ADJ14297412; ADJ14297399
Regular
Sep 29, 2025

DAVID OLIVAS vs. ECKLES AUTO BODY, INC.; PREFERRED PROFESSIONAL INSURANCE COMPANY

The case involves David Olivas, an auto body worker, who sustained specific and cumulative trauma injuries and settled his claims via a Joint Compromise and Release. The defendant, Eckles Auto Body, Inc. and Preferred Professional Insurance Company, denied payment for interpreting services provided by Marjorie Martinez, citing untimely submission under Labor Code section 4603.2(b). The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. The Board affirmed that Labor Code section 4603.2(b) does not apply to interpreting services for Compromise and Release settlement documents, as it is limited to medical treatment-related services, concluding such services fall under a different regulatory framework for costs which lacks the 12-month billing requirement.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management System (EAMS)transmission date60-day deadlinenotice of transmissionReport and RecommendationState Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Dorsett)Labor Code section 4663
References
4
Case No. MISSING
Regular Panel Decision
Sep 22, 1994

Hess v. B & B Plastics Division of Metal Cladding, Inc.

Plaintiff Carolyn K. Hess sued her former employer B & B Plastics and her union (Local 686 and UAW) for sex discrimination under the New York State Human Rights Law. She alleged discriminatory firing by B & B Plastics and discriminatory refusal by the union to pursue her grievance. The union defendants removed the case to federal court, asserting that Hess's claim against them constituted a breach of the duty of fair representation, which is preempted by the Labor Management Relations Act (LMRA). Hess moved to remand the case to state court, arguing her claims were independent state law actions. The court, citing precedent, found that Hess's state law claims against the union were completely preempted by Section 301 of the LMRA. Consequently, the plaintiff's motion to remand those claims to state court was denied, and the court retained supplemental jurisdiction over the state law claim against the employer.

Sex discriminationNew York State Human Rights LawLabor Management Relations ActLMRA Section 301Federal preemptionDuty of fair representationMotion to remandFederal question jurisdictionWell-pleaded complaint ruleCollective bargaining agreement
References
14
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. MISSING
Regular Panel Decision
Sep 24, 2001

Padilla v. Frances Schervier Housing Development Fund Corp.

This case involves a plaintiff, a laborer, who suffered an injury while working on a renovation project for Frances Schervier Housing Development Fund Corporation, whose construction manager was Humphreys & Harding, Inc. The plaintiff was guiding a concrete sump housing into an excavation vault when it slipped, amputating two toes. The plaintiff initiated an action against the owner, alleging violations of Labor Law § 241 (6) and specific Industrial Code provisions (12 NYCRR part 23). The owner, in turn, filed a third-party action against Humphreys & Harding for indemnification. The motion court initially dismissed the plaintiff's complaint, but on appeal, the decision was reversed. The appellate court found that the plaintiff had sufficiently raised triable issues of fact regarding violations of Industrial Code sections 23-9.2 (g), 23-9.4 (e) (1) and (2), and 23-9.2 (b) (2), which were concrete enough to support a claim under Labor Law § 241 (6).

Construction accidentLabor Law § 241 (6)Industrial Code violationsSummary judgment appealAppellate reviewNondelegable dutyTriable issues of factPersonal injuryConstruction site safetyBackhoe operation
References
8
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. ADJ7516212
Regular
Feb 07, 2020

MARIO CALDERON vs. STARWOOD WORLDWIDE, AMERICA, HOTELS INC.;, AND ZURICH NORTH DEPARTMENTS., DEPARTMENTS.

This case involves Mario Calderon, who sought reconsideration of a Workers' Compensation Appeals Board award for a cumulative trauma injury. Calderon argued for 100% permanent disability, claiming medication dependence prevented him from competing in the labor market, and cited vocational evidence for total disability. The Board affirmed the original award of 43% permanent disability, relying on the WCJ's report and clarifying that permanent total disability findings must follow Labor Code section 4660 and AMA Guides, not Labor Code section 4662(b). Consequently, Calderon's petition for reconsideration was denied.

Cumulative traumaLumbar spineRadiculopathyBilateral lower extremitiesCervical spinePsychePermanent disabilityApportionmentNarcotic medicationsLabor market competition
References
2
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. ADJ6865859 ADJ7472822
Regular
Oct 19, 2018

ELLY DAMIAN vs. COUNTY OF SAN MATEO, DEPARTMENT OF BUSINESS PRESS, DEPARTMENT OF BUSINESS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award of 100% permanent disability. The WCAB found the prior award, which relied on Labor Code section 4662(b) for a "finding in accordance with the fact," was inconsistent with the recent *Fitzpatrick* decision. *Fitzpatrick* mandates that permanent total disability findings must follow the methodology outlined in Labor Code section 4660. The case is remanded for further proceedings consistent with *Fitzpatrick*, allowing for evaluation of previously unaddressed psychological factors affecting permanent disability.

WCABElly DamianCounty of San Mateocumulative traumabilateral upper extremitiescervical spinepsychepermanent total disability2005 Permanent Disability Rating ScheduleLabor Code section 4660
References
3
Case No. ADJ9578895
Regular
Mar 02, 2019

FRANCISCA BERMEJO vs. JORGE CASTRO FARMS, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

This case involves Francisca Bermejo's claim for workers' compensation after a lumbar spine injury sustained while picking strawberries. Ms. Bermejo sought 100% permanent disability, arguing vocational evidence established total loss of earning capacity, but the Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding of 23% permanent disability. The WCAB found that vocational evidence supporting total disability was insufficient, particularly as it relied on non-industrial factors like limited education and English proficiency. Furthermore, the WCAB clarified that permanent total disability can only be established through impairment ratings under Labor Code section 4660, not through a separate "in accordance with the fact" finding under Labor Code section 4662(b).

Francisca BermejoJorge Castro FarmsStar Insurance CompanyMeadowbrook Insurance GroupADJ9578895Opinion and Decision After Reconsiderationpermanent disabilityapportionmentAgreed Medical Examiner (AME)vocational rehabilitation
References
9
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