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

Case No. ADJ13057590; ADJ13058223
Regular
Aug 25, 2025

HEATHER RAMOS vs. PIH HEALTH, ATHENS ADMINISTRATORS

Applicant Heather Ramos sought reconsideration of a WCJ's Findings of Fact and Orders (F&O) which found defendant PIH Health and Athens Administrators had provided proof of service for a supplemental job displacement voucher (SJDV). The WCJ applied the presumption of timely mailing and receipt, finding applicant failed to rebut it and was not entitled to a penalty. Applicant contended there was no valid proof of service, and defendant did not meet the burden to invoke the presumption, thus entitling her to a penalty and attorney's fees. The Appeals Board upheld the WCJ's decision, concluding that the defendant's proof of service was valid, and applicant's evidence was insufficient to overcome the mailing presumption, therefore denying reconsideration.

Supplemental Job Displacement VoucherPresumption of ReceiptMailbox RuleProof of ServiceRebuttal EvidenceWCABPetition for ReconsiderationPenaltiesAttorney's FeesLabor Code Section 5814
References
13
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. MISSING
Regular Panel Decision

State v. International Fidelity Insurance

The State (plaintiff) sought summary judgment against International Fidelity Insurance Company (IFIC) (defendant) to recover on surety bonds issued for Golden Distributors, LTD, after Golden's checks for cigarette tax stamps were dishonored. IFIC claimed the bonds were terminated via certified mail in 1989, but the Department of Taxation and Finance denied receipt. The court ruled that IFIC's failure to produce certified mail return receipts or white slips was fatal to their claim of "presumption of receipt" and that their office procedures were insufficient to establish proper mailing. Furthermore, the State's destruction of mail logs, done routinely, did not constitute spoliation as IFIC had not shown the logs were relevant to foreseeable litigation at the time of destruction. Consequently, the State's motion for summary judgment was granted, and IFIC's cross-motion was denied.

Summary JudgmentSpoliation of EvidenceCertified MailPresumption of ReceiptBond CancellationTax LawInsurance LawOffice ProceduresBurden of ProofEvidence Destruction
References
14
Case No. MISSING
Regular Panel Decision

Michicich v. Curtains

The claimant sustained a foot injury on April 20, 1979, which led to partial amputation due to an underlying diabetic condition. A claim for compensation was filed with the Workers’ Compensation Board on September 16, 1981, more than two years after the alleged injury, but the claimant contended the original claim was mailed on April 16, 1981. The Board determined the claim was barred by Workers’ Compensation Law § 28 due to lack of proof of filing within the two-year statutory period. The court reversed the Board's decision, asserting that evidence of office mailing practice creates a presumption of delivery, thus creating a factual issue regarding timely receipt. The matter is remitted to the Workers’ Compensation Board for further proceedings on the issue of timely mailing and filing.

Workers' Compensation AppealTimeliness of ClaimStatute of LimitationsMailing PresumptionFiling RequirementsDiabetic ConditionFoot InjuryPartial AmputationBoard Decision ReversalRemitted Case
References
2
Case No. ADJ7041310
Regular
Mar 03, 2014

ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as untimely. The WCAB found that the defendant's claim of late receipt of the Findings and Award was insufficient to overcome official records establishing timely service. The Board applied presumptions of regular performance of duty and ordinary course of mail, supported by case law, that service is complete upon mailing. Therefore, the petition was dismissed based on its untimeliness.

Petition for ReconsiderationDismissedUntimelyFindings and AwardProof of ServicePresumption of ReceiptOfficial RecordsWCABEvid. Code § 664Evid. Code § 641
References
5
Case No. ADJ2709315 (AHM 0139228)
Regular
Dec 01, 2015

EDGAR OSORIO SALGUERO vs. GATEWAY PLASTERING, INC., AIG CLAIMS

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference. The lien claimant argued they did not receive notice, but the Board found sufficient evidence of mailing and rejected their reliance on Code of Civil Procedure section 473 for relief. A dissenting opinion argued the lien claimant's detailed declaration rebutted the mailing presumption and warranted relief for probable postal inadvertence.

WCABPetition for ReconsiderationLien ConferenceDismissal of LienNon-AppearanceTitle 8 CCR Section 10562Notice of Intention to DismissGood CauseCompromise and ReleaseCode of Civil Procedure Section 473
References
4
Case No. ADJ8151109 ADJ8652587
Regular
Jun 04, 2019

GIANCARLO BERMUDEZ vs. TECHTRANS, INC., ZURICH NORTH AMERICA INSURANCE COMPANY, SUSSEX INSURANCE COMPANY, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves lien claimant Scripte Corporation's petition for reconsideration after its lien was dismissed for failing to appear at a lien conference. Scripte claimed it did not receive notice of the conference, but the WCAB upheld the dismissal, finding the presumption of proper mail service was not rebutted by a bare declaration of non-receipt. Commissioner Gaffney dissented, arguing the office manager's declaration provided sufficient evidence to rebut the presumption and warrant a new hearing. The majority denied reconsideration based on the WCJ's reasoning, adopting it as their own.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienLien ConferenceNotice of HearingGood CauseRebuttable PresumptionProof of ServiceCompromise and ReleaseWorkers' Compensation Appeals Board
References
0
Case No. ADJ7485771
Regular
Sep 25, 2015

HUGO CANO vs. AMCOR PET PACKAGING, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Reconsideration, which sought to overturn the dismissal of its lien. The dismissal occurred because the lien claimant failed to appear at a lien conference and subsequently failed to overcome the presumption of receipt of a Notice of Intention to Dismiss. Furthermore, the petition itself was unverified, providing an independent ground for denial under Labor Code section 5902. The Board adopted the WCJ's report, finding insufficient grounds for reconsideration based on the lack of evidence to rebut the mailing presumption and the unverified petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LiensLien ClaimantNotice of Intention to DismissService of ProcessProof of ServicePresumption of ReceiptUnverified PetitionLabor Code section 5902
References
0
Case No. MISSING
Regular Panel Decision
Oct 23, 2009

Claim of Steadman v. Albany County

The case involves an appeal from a Workers’ Compensation Board decision denying death benefits to the children of a deceased mail courier. The decedent suffered a fatal heart attack while at work. The claimant, his former wife, argued for benefits, citing the presumption of compensability for unwitnessed deaths during employment. However, the employer provided expert medical testimony and reports indicating the death was due to a preexisting heart condition and not work-related. The Board upheld the denial, finding the employer overcame the presumption, and the Appellate Division affirmed this decision, noting the presence of substantial evidence to support the Board's findings despite conflicting expert opinions.

Workers' CompensationDeath BenefitsHeart AttackCausationPreexisting ConditionPresumption of CompensabilitySubstantial EvidenceMedical OpinionCredibility IssueAppellate Review
References
5
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