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Case Law Database

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

Case No. ADJ7382041
Regular
May 11, 2012

Donna Larson vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to clarify the Administrative Law Judge's (ALJ) findings on applicant Donna Larson's psychiatric injury. The ALJ found Larson sustained cumulative trauma injury to her circulatory system and psyche, with ongoing temporary disability. Defendant argued the psychiatric injury finding was unsubstantiated, particularly regarding whether actual employment events were the predominant cause and if lawful personnel actions were a substantial cause. The Board found the ALJ's analysis under Labor Code section 3208.3 and the *Rolda* case lacked sufficient clarity regarding the predominant cause of the psychiatric injury and the impact of lawful personnel actions, including the applicant's termination. Therefore, the case was remanded to the trial level for further proceedings and a new decision to clarify these critical legal standards.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaHypertensionPsycheTemporary DisabilityPredominantly CausedActual Events of EmploymentGood Faith Personnel Actions
References
4
Case No. ADJ4198635
Regular
Aug 20, 2009

ANGELIQUE LARSON vs. WALGREENS, Permissibly Self-Insured, adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board denied Walgreens' petition for reconsideration regarding Angelique Larson's industrial injury. Walgreens argued the administrative law judge exceeded her authority by not allowing a further deposition of Dr. Tacheff and that his opinion lacked substantial evidence. The Board found Dr. Tacheff's opinion on the applicant's TMJ and dental injury, caused by a fall as a retail clerk, to be substantial medical evidence. The Board affirmed that adequate discovery occurred and that medical treatment is not apportionable, thus the need for future TMJ treatment was established.

Workers' Compensation Appeals BoardIndustrial InjuryNeck InjuryTMJ-dentalWalgreensSedgwick CMSPetition for ReconsiderationFindings of FactAwardOrder
References
13
Case No. Docket No. 4
Regular Panel Decision

United States v. Larson

This criminal action involves several defendants, members of Local 17, charged with racketeering conspiracy and Hobbs Act extortion conspiracy. The charges stem from alleged acts of violence, threats, and property damage aimed at coercing construction firms in Western New York into collective bargaining agreements and hiring Local 17 members. The Magistrate Judge recommended dismissal, arguing the union's objectives were legitimate. However, the Chief Judge set aside this recommendation, ruling that the alleged tactics fell outside the legal protection for legitimate union activities under both the Hobbs Act and New York extortion law, thus denying the defendants' motions to dismiss the indictment.

RICOHobbs ActExtortionRacketeeringLabor UnionsCriminal ConspiracyFirst AmendmentDue ProcessCollective BargainingStrike Violence
References
54
Case No. ADJ433589 (VNO 0467795)
Regular
Dec 19, 2013

GLADYS GIRON vs. JUDITH LARSON, IDEAL FOODS, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied Gladys Giron's Petition for Reconsideration. The Board admonished applicant's counsel for multiple procedural violations in the petition, including exceeding page limits with improper formatting and appending improperly admitted evidence. Furthermore, the petition's tone bordered on impugning the Workers' Compensation Judge's integrity, which is sanctionable. Finally, an unfiled Response was submitted by applicant's counsel.

Petition for ReconsiderationWCJ ReportApplicant's CounselPage Limit ViolationFont Size ViolationLinespacing ViolationRule 10842(c)Rule 10856Catering Truck and Route AgreementSworn Statement
References
0
Case No. MISSING
Regular Panel Decision

Banks v. City of Albany

Sebastian Banks, a black male, alleged racial discrimination in hiring by the Albany Fire Department and City of Albany, violating Title VII, the Fifth and Fourteenth Amendments, and New York State Corrections Law Article 23-A. Banks, who scored 85 on a firefighter exam, was not hired while two white candidates with the same score were chosen based on subjective criteria and familial ties to Fire Chief James Larson. The court found Banks established a prima facie case of disparate impact discrimination, as the defendants failed to demonstrate business necessity for their subjective hiring practices. Consequently, the court denied both the defendants' motion for summary judgment and Banks' cross-motion for summary judgment, indicating that material facts remain in dispute and the case will proceed to trial.

DiscriminationRaceHiringFirefighterTitle VIIDisparate ImpactSummary JudgmentNew York Civil Service LawConstitutional LawEmployment Law
References
32
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