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

Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
0
Case No. 2019 NY Slip Op 03795 [172 AD3d 1080]
Regular Panel Decision
May 15, 2019

Ochoa-Hoenes v. Finkelstein

The plaintiff, Josue Ochoa-Hoenes, appealed an order granting summary judgment to the defendants Arnold Finkelstein, Rhonda Finkelstein, Vesta Development Group, Signature Builders, Inc., and Signature Building Systems of Pennsylvania. Ochoa-Hoenes sustained personal injuries from a construction site accident involving a stack of plywood. The Supreme Court dismissed the complaint, finding the condition open, obvious, and not inherently dangerous, and that the plaintiff incautiously moved the stack himself. The Appellate Division affirmed the lower court's decision, agreeing that the defendants established their prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact.

Construction AccidentSummary JudgmentOpen and Obvious ConditionPremises LiabilityDuty to WarnPersonal InjuryAppellate AffirmationWorker SafetyNegligence ClaimLabor Law
References
17
Case No. 2024 NY Slip Op 00194 [223 AD3d 747]
Regular Panel Decision
Jan 17, 2024

Ochoa v. JEM Real Estate Co., LLC

Carlos Ochoa, the plaintiff, sustained personal injuries after falling from an A-frame ladder while working at a building owned by JEM Real Estate Co., LLC, and leased by Bobwhite Counter, LLC. He commenced an action alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted Ochoa's motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied the defendants' cross-motion to dismiss the Labor Law claims. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiff established a prima facie case of a defective ladder in violation of Labor Law § 240 (1) and that the defendants failed to raise a triable issue of fact. The court also upheld the denial of summary judgment dismissing the Labor Law § 241 (6) claim due to unresolved factual issues regarding Industrial Code violations.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewLadder AccidentWorkplace SafetyConstruction AccidentStatutory ViolationProximate CauseNondelegable Duty
References
14
Case No. ADJ9319071
Regular
May 12, 2017

ANA OCHOA vs. MALIBU COLONY MAIDS, INC.

The Appeals Board dismissed Ana Ochoa's petition for reconsideration because it was filed from an interlocutory order, not a final decision determining substantive rights or liabilities. Removal was also denied as Ochoa failed to demonstrate substantial prejudice or irreparable harm. The Board adopted the WCJ's report, finding that neither reconsideration nor removal was appropriate at this procedural stage.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural OrderEvidentiary DecisionExtraordinary Remedy
References
6
Case No. ADJ6813507
Regular
Mar 28, 2011

DARIO OCHOA vs. DE MARTINI INCORPORATED, CALIFORNIA AGRICULTURAL NETWORK SELF-INSURED GROUP, INTERCARE HOLDINGS INSURANCE SERVICES INCORPORATED

The Workers' Compensation Appeals Board (WCAB) dismissed Dario Ochoa's Petition for Reconsideration because it was filed against an interlocutory procedural order, not a final decision that determined substantive rights and liabilities. The WCAB also denied Ochoa's Petition for Removal, adopting the Workers' Compensation Judge's (WCJ) reasoning as outlined in their report. Therefore, neither the petition for reconsideration nor the petition for removal was granted.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory Procedural OrderSubstantive RightsLiabilitiesDismissedDeniedLabor Code Section 5900
References
4
Case No. ADJ7711348
Regular
Mar 26, 2013

MIRIAN MERINO vs. ALMORE DYE HOUSE, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's January 3, 2013 decision in the case of Mirian Merino v. Almore Dye House, Inc. and Employers Compensation Insurance Company. The Board rescinded the WCJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action is not a final determination on the merits of the claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelNew DecisionJanuary 3 2013March 26 2013
References
0
Case No. ADJ1232911
Regular
Jun 22, 2009

ADALBERTO OCHOA vs. SLATON & SON ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding of industrial injury, temporary disability, need for further treatment, and 37% permanent disability for applicant Adalberto Ochoa. The defendant argued the WCJ erred by applying the 1997 permanent disability rating schedule, claiming no pre-2005 medical reports indicated permanent disability. However, the Board adopted the WCJ's report, denying reconsideration and affirming the original award. A dissenting opinion argued the 2005 rating schedule should apply as no pre-2005 medical reports indicated permanent disability, and the WCJ's interpretation of temporary disability advances was improper.

WCABADALBERTO OCHOASLATON & SON ROOFINGSTATE COMPENSATION INSURANCE FUNDFindings and Awardrooferlumbar spinetemporary disabilitypermanent disabilityLabor Code section 4909
References
5
Case No. ADJ7631357
Regular
May 07, 2014

GUILLERMO MADRIGAL OCHOA vs. EXECUTIVE OFFICE CONCEPTS, INSURANCE COMPANY OF THE WEST, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board dismissed applicant Guillermo Madrigal Ochoa's Petition for Reconsideration as untimely. Even if timely, the Board would have denied the petition on the merits. The dismissal is based on the administrative law judge's report, which the Board adopted and incorporated by reference. The order was filed and served on May 7, 2014.

Petition for ReconsiderationDismissalUntimelyWCJ ReportAdopt and IncorporateDenied on MeritsWorkers' Compensation Appeals BoardAdministrative Law JudgeExecutive Office ConceptsInsurance Company of the West
References
0
Case No. ADJ17656598; ADJ17656604; ADJ17656851
Regular
Sep 25, 2025

Adan Garcia Ochoa vs. Waste Management of California, Inc.; Gallagher Bassett Services

Applicant Adan Garcia Ochoa sought reconsideration of an Amended Order Approving Compromise and Release (OACR) issued on July 16, 2024, alleging he did not have the opportunity to see a doctor. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature, noting that the case was timely acted upon within the statutory 60-day period. The Board determined that the matter should be returned to the trial level. There, the WCJ is recommended to treat the applicant's filing as a petition to set aside the OACR, allowing the applicant to present evidence and establish a proper record.

WCABAmended Order Approving Compromise and ReleasePetition for ReconsiderationWCJ ReportDismissalPremature PetitionSet Aside OACRQualified Medical EvaluatorLabor Code Section 5909Transmission to Appeals Board
References
30
Case No. ADJ7578348
Regular
Mar 21, 2014

ANA OCHOA vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB affirmed the administrative law judge's decision, which is based on budgetary constraints and limited space resources within the Division of Workers' Compensation. The WCAB can calendar hearings at different district offices, even if venue is established elsewhere, as long as it is based on available resources. The applicant's attorney is encouraged to explore remote appearance options like CourtCall for future mandatory settlement conferences.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeBudgetary ConstraintsVenueCalendaring HearingsMedical Treatment Lien ConferencesCourtCallMandatory Settlement Conference
References
0
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