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

Case No. MISSING
Regular Panel Decision

Laurie v. Niagara Candy, Inc.

Plaintiff Lewis P. Laurie, an employee of third-party defendant Friendship Construction, Inc., sustained injuries after falling from a ladder during construction on a building owned by defendant Niagara Candy, Inc. The court granted the plaintiff's motion for partial summary judgment regarding Labor Law § 240 (1) liability, finding no merit to the argument that Laurie was a recalcitrant worker, as there was no proof he was instructed to use his safety belt under the circumstances. Additionally, Niagara Candy's cross motion for summary judgment against Rigger Construction Co., Inc., for common-law and contractual indemnification was granted. Rigger Construction Co., Inc.'s cross motion for summary judgment against Friendship Construction, Inc., for common-law indemnification was also granted, based on the lack of evidence that either Niagara Candy or Rigger supervised or controlled the work.

Worker InjuryLadder FallLabor Law 240(1)Summary JudgmentIndemnificationRecalcitrant WorkerConstruction AccidentPremises LiabilityEmployer LiabilityGeneral Contractor Liability
References
4
Case No. ADJ3588877
Regular
May 17, 2011

LAURIE SHREFFLER vs. ELECTRONIC DATA SYSTEM, HEWLETT PACKARD, TRAVELERS WALNUT CREEK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration of a decision filed March 18, 2011. This action was taken due to statutory time constraints and a need for further study of the factual and legal issues presented. The WCAB requires this to ensure a complete understanding of the record and to issue a just decision. All future filings are to be directed to the Office of the Commissioners in San Francisco.

ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardStatutory time constraintsFactual issuesLegal issuesDecision After ReconsiderationOffice of the CommissionersApplicantDefendant
References
0
Case No. ADJ3588877 (SAC 0332526)
Regular
Jul 19, 2011

Laurie Shreffler vs. Electronic Data System, Hewlett Packard, Travelers Insurance Company

In this Workers' Compensation Appeals Board decision, the Appeals Board reversed the finding that the applicant sustained an industrial injury related to diabetes. The Board adopted the WCJ's report, which favored Dr. Nishimura's medical opinion over Dr. Nacouzi's regarding the diabetes. While the award for temporary and permanent disability remains, the applicant is no longer entitled to industrial medical treatment for her diabetes. The decision otherwise affirmed the original award for injuries to the neck, low back, psyche, and irritable bowel syndrome.

Workers' Compensation Appeals BoardElectronic Data SystemHewlett PackardTravelers Insurance Companyindustrial injurylow backneckpsycheirritable bowel syndromediabetes
References
1
Case No. ADJ14660179
Regular
Feb 27, 2025

LAURIE FIELDS vs. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, SEDGWICK

Applicant Laurie Fields sought to disqualify a workers' compensation administrative law judge (WCJ) alleging bias, after the WCJ initially found her injury non-industrial, a decision later rescinded on reconsideration. The Workers' Compensation Appeals Board (WCAB) considered the petition, a supplemental petition, and the WCJ's report. The Board dismissed the petition for disqualification, finding it was untimely filed according to WCAB Rule 10960, as the alleged conduct occurred months before the petition was filed on December 19, 2024. The Board reiterated that expressions of opinion based on evidence and erroneous rulings are not grounds for disqualification if subject to review.

Petition for DisqualificationWCJ BiasTimelinessLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960QME ReportsReconsiderationIndependent Medical ExaminerOpinion and Order
References
11
Case No. ADJ10938656
Regular
Apr 18, 2018

LAURIE JOHNSON vs. LOMA LINDA UNIVERSITY MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed Laurie Johnson's Petition for Reconsideration because it was filed against a non-final interlocutory order addressing venue, not a substantive right or threshold issue. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable harm would result, nor that reconsideration would be an inadequate remedy. Removal is an extraordinary remedy rarely granted by the Board. Therefore, both petitions were dismissed or denied as a matter of law.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory Procedural DecisionVenueExtraordinary RemedySubstantial Prejudice
References
6
Case No. ADJ7934881
Regular
Apr 02, 2012

ERNIE PACHECO vs. LAURIE RECHTEGER OSBORN, FARMERS INSURANCE

This case concerns Ernie Pacheco, a handyman who sustained an injury on September 8, 2008, while working. The defendant, Laurie Rechteger Osborn and Farmers Insurance, petitioned for reconsideration of the original findings and award, arguing Pacheco did not meet the 52-hour threshold for coverage in the 90 days prior to his injury. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and recommendations. The WCJ found the defendant mischaracterized the applicant's testimony regarding hours worked, concluding that Pacheco did, in fact, exceed 52 hours when including all tasks. The Board gave great weight to the WCJ's credibility determination.

Petition for ReconsiderationDeniedWCJ ReportGarza v. Workmen's Comp. Appeals Bd.HandymanSlip and FallUpper ExtremitiesHeart/StrokeExclusion from Coverage52-Hour Rule
References
1
Case No. MISSING
Regular Panel Decision

Garcia v. Pepe

Raul Garcia, an automobile mechanic, suffered severe burns in 1997 while moving a gasoline tank, igniting flammable fumes. He sued his employer, P.N.P. Auto Body, Inc. (PNP), and landlords Peter Pepe, Jr., and Laurie Pepé. The Supreme Court initially denied the defendants' motions for summary judgment and PNP's motion to vacate a default judgment. On appeal, the court dismissed a portion of the Pepes' appeal as premature. The appellate court reversed the orders against the Pepes and PNP, granting their motions for summary judgment and vacating the default judgment against PNP. The court found that the plaintiff's claims were barred by workers' compensation exclusivity, leading to the dismissal of the complaint against all appealing defendants.

Personal InjurySummary JudgmentWorkers' Compensation ExclusivityDefault JudgmentVacate JudgmentAppellate ReviewPremises LiabilityEmployer LiabilityLandlord LiabilityProximate Cause
References
11
Case No. ADJ4577730 (POM 0069230)
Regular
Feb 17, 2012

LAURIE NEILAN vs. VONS COMPANIES, INC.

The Appeals Board dismissed the defendant's reconsideration petition as it was premature. However, treating it as a removal petition, the Board granted removal due to extraordinary circumstances. The WCJ erred by ordering a panel QME to determine the reasonableness of applicant's self-procured treatment after she failed to timely object to utilization review denials. Applicant is not entitled to create new medical evidence to justify treatment that was previously denied and not properly challenged.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalDecision After RemovalAdministrative Law JudgeQualified Medical Evaluator (QME)Utilization Review (UR)Self-Procured TreatmentReasonable and Necessary Medical Expenses
References
9
Case No. MISSING
Regular Panel Decision

Laurie Marie M. v. Jeffrey T. M.

This appeal concerns a civil action for intrafamilial child sex abuse, where an 11-year-old stepdaughter was sexually abused by her stepfather. The trial court found the defendant liable for battery and intentional infliction of emotional distress, with the jury awarding $200,000 in compensatory damages and $275,000 in punitive damages. The appellate court affirmed the finding of liability for battery but deemed both compensatory and punitive damage awards excessive. Consequently, the court ordered a new trial on damages unless the plaintiff agrees to a reduction of compensatory damages to $100,000 and punitive damages to $100,000. If the plaintiff stipulates to these reductions, the judgment, as amended, will be affirmed.

Child sex abuseIntrafamilial abuseBatteryIntentional infliction of emotional distressPunitive damagesCompensatory damagesExcessive verdictDamages reductionAppellate reviewStepfather abuse
References
0
Case No. 57
Regular
Apr 28, 2011

LAURIE TRINIDAD vs. ALBERTSON'S, PSI, Administered by SPECIALTY RISK SERVICES

This case concerns an applicant's claim for temporary disability benefits beyond five years from the date of injury. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision that it lacked jurisdiction to award these benefits. The WCAB determined that while the applicant experienced new periods of disability after the five-year mark, no petition to reopen or for new and further disability was filed within the statutory period following a prior order awarding temporary disability. The Board distinguished this case from prior decisions where jurisdiction extended beyond five years due to the absence of any prior award or a continuing award that was improperly terminated.

Workers Compensation Appeals BoardLaurie TrinidadAlbertson'sSpecialty Risk ServicesOpinion and Decision After Reconsiderationtemporary disability benefitsjurisdictiongrocery checkerlumbar spinebilateral shoulders
References
12
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