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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

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. ADJ1237800 (AHM0151777)
Regular
Jan 22, 2016

KENNETH ROSENBERG vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL DISABILITY AND RETIREMENT, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to clarify clerical errors in a previous award. The Board amended the award to reflect that the defendant, California Highway Patrol, is "legally uninsured" and affirmed the application of the "duty belt" presumption (Labor Code section 3213.2). The Board also affirmed the finding of $43\%$ permanent disability, temporary disability, and the denial of apportionment, finding that the defendant waived any due process claims regarding temporary disability by not objecting at trial.

Workers' Compensation Appeals BoardCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermissibly Self-InsuredLow Back InjuryLeft Shoulder Injury
References
2
Case No. LAO 0722567
Significant

Daniel Milbauer, Applicant vs. Erez Boostan, an individual and dba American Runner Attorney Service, uninsured; Uninsured Employers Fund

The Appeals Board dismisses the Uninsured Employers Fund's petition for reconsideration because UEF is not legally 'aggrieved' by the prior decision, the challenged procedures are not a 'final' order, and the petition is successive.

Uninsured Employers FundPetition for ReconsiderationEn BancActing Director of Industrial RelationsAdministrative Law JudgeSupplemental Findings and AwardIndustrial InjuryLegal Identity of EmployerAggrieved PartyFinal Order
References
9
Case No. LAO 0722567
Significant

Daniel Milbauer, Applicant vs. Erez Boostan, Uninsured Employers Fund

The Appeals Board affirms a judge's finding on the correct legal identity of an uninsured employer and establishes procedures to ensure the Uninsured Employers Fund (UEF) actively assists in identifying employers in future cases to avoid significant delays.

Uninsured Employers FundEn Banc DecisionJurisdictional IssueEmployer IdentityService of ProcessSubstantial EvidenceGood Faith EffortProvisional AppearanceDirector of Industrial RelationsLabor Code Section 3716(d)(4)
References
13
Case No. 2017 NY Slip Op 07023 [154 AD3d 1037]
Regular Panel Decision
Oct 05, 2017

Matter of Passero v. Uninsured Employers' Fund

The claimant, Edmund Passero, a bricklayer, filed a workers' compensation claim in 2011 for an occupational disease resulting from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim against DeSpirit Mosaic & Marble Co. and later apportioned liability among three employers, including J. William Pustelak Inc., found to be uninsured. The Uninsured Employers' Fund (UEF) sought administrative review, but the Workers' Compensation Board denied the appeal as untimely. The Appellate Division, Third Department, reversed the Board's finding on the timeliness of UEF's application, holding that UEF would not have incurred an obligation until the WCLJ's December 2014 decision which apportioned liability. The case was remitted to the Workers' Compensation Board to consider the merits of UEF's appeal.

Workers' CompensationOccupational DiseaseUntimely AppealAdministrative ReviewLiability ApportionmentUninsured EmployerDate of DisablementThird DepartmentAppellate DivisionClaimant Benefits
References
5
Case No. LAO 0722567
En Banc
Dec 18, 2003

Daniel Milbauer vs. Erez Boostan dba American Runner Attorney Service, Uninsured Employers Fund

The Appeals Board affirms a WCJ's finding on the correct legal identity of an uninsured employer and establishes procedures to ensure the Uninsured Employers Fund's (UEF) early and active participation in identifying such employers in future cases.

UEFEmployer IdentityService of ProcessJurisdictionReconsiderationEn Banc DecisionLabor CodeUninsured EmployerIndustrial InjuryPermanent Disability
References
13
Case No. ADJ1883473
Regular
Dec 14, 2018

JOSE MANUEL SALDIVAR vs. REUEL SARABIA CIPRIANO, dba GENESIS GENERAL BUILDING CONTRACTOR, INC., ALEXANDER LEIGH, DAVID LEIGH, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior findings and substituted new ones, determining Alexander Leigh was the employer of Jose Manuel Saldivar. The Board found that the unlicensed and uninsured contractor, Reuel Sarabia Cipriano, was acting as an employee of the property owner, Alexander Leigh, as a matter of law, due to Cipriano's failure to maintain a valid contractor's license and workers' compensation insurance. The WCAB specifically rejected the argument that Cipriano's alleged misrepresentations to the property owner estopped the injured worker or the Uninsured Employers Benefits Trust Fund (UEBTF) from establishing Leigh as the employer. Therefore, the WCAB ordered that Leigh, as the ultimate hirer, was legally responsible for Saldivar's industrial injury.

Uninsured Employers Benefits Trust Fundillegally uninsuredunlicensed contractorultimate hireremployee statusindependent contractorestoppeldue processcross-examinationDeclaration of David Leigh
References
15
Case No. LAO 0784069
Regular
Feb 11, 2008

RICARDO LOPEZ vs. HYON SEOP KIM, Individually and dba H.B. CONSTRUCTION, AARON SONG, an Individual, Illegally Uninsured, THE DIRECTOR OF INDUSTRIAL RELATIONS, As Administrator of THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) was not liable for a penalty on an attorney's fee award due to unreasonable delay. However, Labor Code section 3716.2 obligates the UEBTF to seek such penalties in civil enforcement actions against uninsured employers. Therefore, the Appeals Board amended the award to clarify that while UEBTF is not directly liable for the penalty, it remains part of the underlying award that UEBTF must pursue from the uninsured employers.

Uninsured Employers Benefits Trust FundUEBTFAttorney's fee awardLabor Code section 5814Labor Code section 3716.2Civil suitReconsiderationFindings and AwardWCJPenalty
References
1
Case No. MISSING
Regular Panel Decision

Weiss v. Legal Aid Society

Plaintiff, an attorney formerly employed by The Legal Aid Society, initiated this action seeking wage step increases. The case was initially removed to federal court under Section 301 of the National Labor Relations Act, based on an alleged breach of a collective bargaining agreement. However, through subsequent proceedings and clarifications by plaintiff's counsel, it became evident that the claim was predicated solely on an alleged independent oral promise made by the Society to individual attorneys, rather than a contract between an employer and a labor organization. The court concluded that Section 301 jurisdiction only applies to violations of agreements between an employer and a labor organization, and thus, it lacked subject matter jurisdiction over the individual oral contract claim. Consequently, the action was dismissed.

Labour LawSubject Matter JurisdictionCollective Bargaining AgreementOral ContractWage DisputesDistrict CourtEmployment LawNational Labor Relations ActFederal Rules of Civil ProcedureMotion to Dismiss
References
3
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