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

Case No. ADJ8178211, ADJ8178210
Regular
Oct 24, 2013

LANI NGUYEN vs. DAVID'S BRIDAL, INC.; SEDGWICK CLAIMS MANAGEMENT

In Lani Nguyen v. David's Bridal, Inc., the Workers' Compensation Appeals Board dismissed the Applicant's Petition for Removal. The Board found the petition to be untimely filed. Even if timely, the Board would have denied the petition on the merits, adopting the WCJ's reasoning. Therefore, the Petition for Removal was dismissed.

Petition for RemovalWCJ Report and RecommendationuntimelymeritsdismissedWorkers' Compensation Appeals BoardDavid's BridalSedgwick Claims ManagementADJ8178211ADJ8178210
References
0
Case No. 2023 NY Slip Op 02914 [217 AD3d 1024]
Regular Panel Decision
Jun 01, 2023

Matter of Nguyen v. CVS RX Servs., Inc.

Claimant Hung Nguyen alleged discrimination and retaliation by his employer, CVS RX Services, Inc., after taking paid family leave, citing reduced hours, decreased pay raises, and loss of benefits. A Workers' Compensation Law Judge found in Nguyen's favor, ordering reinstatement and back wages. The employer failed to timely appeal and its subsequent application to rehear or reopen the claim was denied by the Workers' Compensation Board, citing a lack of new material evidence and inadequate justification for repeated non-appearance at hearings. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying the employer's request.

Workers' Compensation LawPaid Family LeaveDiscriminationRetaliationAppellate ReviewBoard's DiscretionRehearing ApplicationReopening ClaimDue ProcessNotice Requirements
References
5
Case No. 534702
Regular Panel Decision
Jun 01, 2023

In the Matter of the Claim of Hung Nguyen

Claimant Hung Nguyen, a former CVS RX Services, Inc. employee, alleged discrimination and retaliation after taking paid family leave (PFL), including reduced hours and a denied pay raise. He filed a PFL discrimination/retaliation complaint in December 2019. Despite multiple notices sent to its Rhode Island and New York addresses, the employer failed to appear at three scheduled hearings. A Workers' Compensation Law Judge (WCLJ) found the employer violated PFL law and Workers' Compensation Law § 120, ordering reinstatement, back wages, and restoration of benefits. The employer's subsequent application to rehear or reopen the claim, asserting lack of notice and new evidence, was denied by the Workers' Compensation Board. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the employer was properly notified and failed to provide new material evidence or sufficient justification for its non-appearance.

PFL DiscriminationRetaliationWorkers' Compensation BoardDue ProcessNoticeAbuse of DiscretionRehearing ApplicationReopening ClaimEmployer LiabilityWage Loss
References
6
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
References
0
Case No. ADJ7762332
Regular
Nov 02, 2011

CHRISTINE NGUYEN vs. QUALCOMM, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Christine Nguyen's Petition for Reconsideration of an approved Compromise and Release Agreement. Nguyen sought to set aside the $2,500 settlement, but the Board found she failed to allege fraud, duress, or mutual mistake. The Board noted that the settlement, once approved, has the force of a judgment and cannot be unilaterally rescinded. Additionally, the defendant received a strong admonishment for attaching unpermitted documents to its answer.

Petition for ReconsiderationCompromise and Release AgreementWCAB Rule 10842(c)Injury AOE/COEGood Faith Personnel ActionStatute of LimitationsIn Pro PerPetition to Quash SubpoenaJudge Pro TemOrder Approving Compromise and Release
References
3
Case No. ADJ7509509
Regular
Oct 08, 2016

Tuong Vy Nguyen vs. MAXIM INTEGRATED PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Tuong Vy Nguyen's Petition for Reconsideration. The dismissal was primarily based on the applicant's failure to comply with WCAB rules requiring specific references to the record and legal principles. Furthermore, the WCAB noted that even if the petition were procedurally sound, the medical evidence did not support an industrial injury for the claimed period. The Board also cited the improper attachment of exhibits to the petition as a violation of procedural rules.

WCABPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJIn Pro PerLab. Code § 5902Cal. Code Regs.tit. 8§ 10846
References
8
Case No. ADJ1597303 (ANA 0386686)
Regular
Jul 31, 2013

NHAN NGUYEN vs. DMJ SPA AND NAILS, INC., dba DMJ TRUCKING, DANNY CAO DOAN, MY HOANG THI TRINH, NGHIA CONG TRINH

This Workers' Compensation Appeals Board case involves Nhan Nguyen as the applicant and DMJ Spa and Nails, Inc. and its principals as defendants. The applicant filed a petition for reconsideration of a decision dated April 30, 2013. However, the petitioner has since withdrawn their petition. Therefore, the Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardApplicantDefendantDMJ Spa and NailsInc.Danny Cao DoanMy Hoang Thi Trinh
References
0
Case No. ADJ4664539 (AHM 0118049)
Regular
Aug 19, 2013

KIM PHAM vs. L-3 COMMUNICATIONS CORP., ACE AMERICAN INSURANCE, Administered By ESIS

This case concerns a Petition for Reconsideration by attorney Keith Nguyen regarding the division of attorney's fees awarded in a workers' compensation settlement. Mr. Nguyen argued he was entitled to 58% of the $31,500 in fees, but the WCJ awarded him 50%. The Appeals Board dismissed the petition because it was not verified, a requirement for reconsideration petitions. Despite notice of this defect, Mr. Nguyen failed to provide verification or a valid explanation.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney's FeesWCJVerified PleadingsLabor Code Section 5902Unverified PetitionDismissalIndustrial Injury
References
1
Case No. ADJ9436868, ADJ9319204
Regular
Sep 06, 2017

SALVADOR GUZMAN vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Thomas C. Nguyen's petition for reconsideration and dismissed his petition for removal. Nguyen sought to overturn a $1,001 sanction imposed by the WCJ for failing to transfer a case file to the applicant's new attorney. The Board found the sanctions order to be a final order, rendering removal inappropriate. They adopted the WCJ's reasoning that Nguyen's excuses for non-compliance, including mail delivery issues, were not credible or excusable.

Workers' Compensation Appeals BoardReconsiderationRemovalSanctionsWCJCase File TransferProfessional ConductFinal OrderExtraordinary RemedyRule 10848
References
5
Case No. ADJ6923941 ADJ7668243
Regular
Jan 31, 2014

ROSA AVILA vs. IDLE ACRE CONVALESCENT HOSPITAL, CYPRESS INSURANCE COMPANY

Lien claimant Dr. Tiffany Nguyen sought reconsideration of an order dismissing her lien, which was served on November 5, 2013. The Workers' Compensation Appeals Board (WCAB) dismissed her petition because it was filed on December 4, 2013, which was outside the 20-day window plus 5 additional days for mail service allowed by Labor Code section 5903. The WCAB has no discretion to hear untimely petitions, and Dr. Nguyen's petition was therefore dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantAdministrative Law JudgeJoint Report and RecommendationCompromise and ReleaseNotice of HearingMinutes of HearingNotice of Intention to Dismiss Lien Claim
References
0
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