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

Case No. ADJ2826672 (VNO 0385248)
Regular
Dec 09, 2011

LAURA MATOOK vs. NEW LIFE CINEMA, TRAVELERS INSURANCE COMPANY

This case involved applicant Laura Matook's claim for industrial injury to her head, spine, and psyche, initially awarded as permanent total disability. The defendant insurer, Travelers, sought reconsideration, leading to a prior decision rescinding the award and finding the psyche injury claim barred by res judicata. Applicant sought further reconsideration, arguing her psyche injury developed later and was not addressed in the initial claim. The Board affirmed its prior decision, finding the current psychiatric symptoms and diagnoses were not materially different from those addressed and denied in 2001, and therefore, res judicata applied.

Res judicataNew and further disabilityPetition to reopenIndustrial injuryPermanent total disabilityPsyche injuryHead injurySpine injuryWCJ decisionAppeals Board
References
2
Case No. MISSING
Regular Panel Decision

Laura G. v. Peter G.

This case addresses the paternity and child support obligations of a husband, Peter G., for a child, Alyssa, conceived through artificial insemination during his marriage to Laura G. The separation agreement initially absolved Peter G. of financial responsibility for Alyssa, which the court previously deemed void against public policy. The central issues were whether strict compliance with Domestic Relations Law § 73 for artificial insemination consent was required, and if Peter G. was responsible for child support based on consent or equitable estoppel. The court found that strict compliance with DRL § 73 was not required, and clear and convincing evidence showed Peter G.'s consent to the insemination. Furthermore, the court applied the doctrine of equitable estoppel, citing Peter G.'s actions and representations, and the best interests of the child, to hold him responsible for child support.

Artificial InseminationPaternityChild SupportEquitable EstoppelDomestic Relations LawFamily Court ActParental ObligationVasectomySeparation AgreementConsent
References
13
Case No. ADJ2826672
Regular
Oct 07, 2011

LAURA MATOOK vs. NEW LIFE CINEMA, TRAVELERS INSURANCE COMPANY

In *Matook v. New Life Cinema*, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action allows the WCAB further time to study the factual and legal issues involved to ensure a just and reasoned decision. All future filings must now be directed to the Commissioners' Office in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory time constraintsFactual and legal issuesDecision After ReconsiderationCommissioners' OfficeKegel Tobin Malter Law CorporationApplicantDefendantsTravelers Insurance Company
References
0
Case No. 534946
Regular Panel Decision
Feb 08, 2024

In the Matter of the Claim of Laura Hickey (John Hickey, dec'd)

Laura Hickey sought workers' compensation death benefits for her husband, John Hickey, who died after collapsing at a construction site. The Workers' Compensation Board initially found the employer waived defenses but later required claimant to provide medical evidence of a causal relationship. Claimant presented testimony from her husband's physician, Dr. Jeffrey Spivak, and coworkers, leading the WCLJ to establish the claim. The carrier challenged Dr. Spivak's opinion, alleging improper ex parte communication, but the Board and Appellate Division found no abuse of discretion. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported a causally-related death, considering decedent's pre-existing conditions, the physical demands, and the anxiety of his new job.

References
7
Case No. ADJ9187841
Regular
Nov 01, 2016

LAURA SCHELBERT vs. CITY OF BRENTWOOD

The Workers' Compensation Appeals Board (WCAB) denied Laura Schelbert's Petition for Removal in this case against the City of Brentwood. Removal is an extraordinary remedy, only granted when substantial prejudice or irreparable harm would occur and reconsideration would not be an adequate remedy. The WCAB found that Schelbert failed to demonstrate these exceptional circumstances, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition was denied.

Petition for RemovalDenying RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals BoardWCJ ReportExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.
References
3
Case No. CA 15-01266
Regular Panel Decision
Mar 18, 2016

SALVANIA, LAURA v. UNIVERSITY OF ROCHESTER

Plaintiff Laura Salvania sued the University of Rochester for injuries sustained from a fall involving a faulty chair at Strong Memorial Hospital. The Supreme Court denied in part the defendant's motion for summary judgment. The defendant appealed, arguing the plaintiff speculated about the cause of the fall and introduced a new theory of liability regarding a defective footrest. The Appellate Division affirmed the lower court's decision, finding that the plaintiff's complaint and bill of particulars sufficiently encompassed the footrest theory and that the defendant was not surprised. Additionally, the court concluded that the defendant failed to establish as a matter of law that it lacked constructive notice of the defective chair.

NegligencePremises LiabilitySummary JudgmentDefective ChairConstructive NoticeAppellate ReviewPersonal InjuryFall AccidentHospital LiabilityMonroe County
References
9
Case No. MISSING
Regular Panel Decision
Jan 07, 2013

Suarez v. Williams

Petitioners Ricardo and Laura Suarez (grandparents) sought custody of their grandchild, alleging the child had resided with them since birth despite a 2006 order granting primary physical custody to the mother. The court found extraordinary circumstances, citing the mother's voluntary relinquishment of care and control through written agreements and behavior, and the child's extended disruption of custody. After considering the child's best interests, which included the stable and nurturing home provided by the grandparents, the court awarded joint legal custody to the grandparents and the father. Primary physical custody was granted to the grandparents, with structured parenting time for both the mother and the father. The decision highlighted the mother's lack of truthfulness and actions prioritizing her own agenda over the child's stability.

Child CustodyGrandparent CustodyBest Interests of the ChildExtraordinary CircumstancesVoluntary Relinquishment of CustodyJoint Legal CustodyPrimary Physical CustodyParenting TimeFamily LawParental Rights
References
24
Case No. ADJ7435803
Regular
May 16, 2011

LAURA GOMEZ vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed applicant Laura Gomez's petition for reconsideration of an order approving attorney's fees. The Board found the order was not a final determination and was rendered void by the applicant's attorney filing for reconsideration within the 30-day objection period. Furthermore, the applicant failed to demonstrate the extraordinary circumstances required for a petition for removal. The Board also admonished the applicant's attorney for potentially frivolous conduct and disregard for board resources.

Workers' Compensation Appeals BoardLaura GomezCitrus Valley Health PartnersTravelers InsuranceADJ7435803Opinion and Order Dismissing ReconsiderationLabor Code Section 5710Attorney's FeeDepositionWCJ
References
4
Case No. ADJ7343599 ADJ7322244
Regular
Jan 22, 2020

LAURA MARTINEZ vs. ATKA ENTERPRISES, INC., MCDONALDS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Laura Martinez's petition for reconsideration because it was untimely. California law allows 25 days to file a petition after a decision is served by mail, with potential extensions for weekends or holidays. The petition was filed more than 25 days after the Workers' Compensation Judge's decision, rendering it jurisdictionally defective. Consequently, the Board lacked the authority to consider its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitWCJ DecisionService by MailCalifornia Labor CodeCalifornia Code of RegulationsAdministrative Law JudgeDismissal Order
References
4
Case No. ADJ8822755
Regular
Apr 17, 2018

LAURA TARAZON vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE

This case involves a dispute over a lien claim by Psychological Assessment Services (PAS) for evaluations and reporting related to applicant Laura Tarazon's psyche injury claim. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that Dr. Phillips, an MPN physician, is entitled to payment for treatment. However, the WCAB amended the order to defer the issue of PAS's lien, returning it to the trial level for further proceedings. This is because the WCJ's basis for disallowing the lien, that the services were a medical-legal evaluation, was not properly raised at trial and a PTP can be compensated for such evaluations.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and OrderMedical Provider NetworkMPNPrimary Treating PhysicianNon-MPN PrimaryLien ClaimantMedical-Legal EvaluationLabor Code
References
4
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