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Case Law Database

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

Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
0
Case No. ADJ8564064, ADJ8564068
Regular
Dec 18, 2014

MARIA RAMIREZ vs. PRIORITY BUSINESS SERVICES, TRAVELERS INSURANCE COMPANY

This case involves applicant Maria Ramirez's petition for removal, seeking to undo a notation on a Minute Order from a Mandatory Settlement Conference (MSC). Ramirez alleged irreparable harm from an order compelling her to attend a Qualified Medical Evaluation (QME) despite an agreement to use an Agreed Medical Evaluator (AME). The Board denied the petition, finding no evidence that the WCJ ordered a PQME or that Ramirez requested an AME examination with the proposed evaluator. The WCJ correctly took the cases off calendar due to the defendant's timely objection to Ramirez's Declaration of Readiness to Proceed, which relied on a deceased AME's report.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedAgreed Medical EvaluatorQualified Medical EvaluatorOff CalendarIrreparable HarmSubstantial PrejudiceWCJ OrderMinutes of Hearing
References
2
Case No. ADJ19527341
Regular
May 05, 2025

MARIA RAMIREZ vs. ROMAN CATHOLIC BISHOP OF MONTEREY, CALIFORNIA

Applicant Maria Ramirez sought reconsideration of a workers' compensation administrative law judge's order, which found no industrial injury. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings. The Board determined that the WCJ's credibility finding, based on the delayed worsening of symptoms, required expert medical opinion to ascertain consistency with the claimed injury mechanism, thus necessitating further development of the medical and factual record.

ADJ19527341Petition for ReconsiderationFindings and OrderIndustrial InjuryRight Arm InjuryRight Wrist InjuryRight Hip InjuryRight Leg InjuryRight Foot InjuryWCJ Credibility Determination
References
9
Case No. ADJ4549941 (OXN 0133428) ADJ1729960 (OXN 0133245)
Regular
Jan 13, 2011

MARIA CORTEZ vs. EL TACO DE MEXICO, SCIF INSURED OXNARD

This case concerns Maria Cortez's workers' compensation claims against El Taco de Mexico and its insurer, SCIF. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the petition for reconsideration has been officially denied.

Workers' Compensation Appeals BoardMaria CortezEl Taco de MexicoSCIF Insured OxnardOrder Denying ReconsiderationPetition for ReconsiderationWorkers' compensation administrative law judgeWCJ reportAdopt and incorporateDeidra E. Lowe
References
0
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
0
Case No. ADJ7973460, ADJ8045282
Regular
Sep 25, 2017

MARIA GUADALUPE VALOIS vs. TACO BELL/YUM! BRANDS, ACE AMERICAN INSURANCE COMPANY

This case involved a petition for reconsideration by ACE American Insurance Company concerning a workers' compensation award for Maria Guadalupe Valois. The applicant sustained injuries to her knee, shoulder, psyche, and experienced headaches and a sleep disorder from two separate employment periods with Taco Bell. The insurer challenged apportionment of permanent disability, an increase in indemnity, wage calculation, and the admission of physician reports. Ultimately, the parties entered into a Compromise and Release agreement, which the Workers' Compensation Appeals Board approved after finding it adequate and in the applicant's best interest, rescinding the prior award.

Workers' Compensation Appeals BoardReconsiderationSecond Amended Findings and AwardCompromise and ReleaseLabor Code section 4658Permanent Partial DisabilityTemporary DisabilityApportionmentMedical TreatmentSleep Disorder
References
0
Case No. ADJ10303822
Regular
Feb 11, 2019

GUADALUPE REYES DE LEDESMA vs. VALLARTA SUPERMARKETS, SAFETY NATIONAL CASUALTY CORPORATION, SEDGWICK CMS

The Workers' Compensation Appeals Board denied applicant Guadalupe Reyes de Ledesma's petition for reconsideration. The Board found that applicant's petition for case ADJ10304025 was procedurally deficient for failing to cite the record. Furthermore, the Board determined that the applicant's arguments regarding the WCJ's findings on cumulative trauma injury and specific body parts in ADJ10303822 were not persuasive and that the applicant's credibility was properly assessed by the WCJ. The Board also admonished applicant's counsel for improperly attaching documents to the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeCumulative TraumaSpecific InjuryArising Out of and In the Course of Employment (AOE/COE)Panel Qualified Medical Evaluator (PQME)Substantial EvidenceMedical-Legal Evaluation
References
0
Case No. ADJ18434613
Regular
Jul 25, 2025

ANGELICA RAMIREZ DE ZARATE vs. RIVERSIDE HEALTHCARE AND WELLNESS CENTRE, LLC; XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board considered a Petition for Reconsideration filed by the Defendants, Riverside Healthcare and Wellness Centre, LLC, and XL Specialty Insurance Company. The petition challenged the Workers' Compensation Administrative Law Judge's (WCJ) findings regarding an injury sustained by the applicant, Angelica Ramirez de Zarate, to her left knee and the applicability of Labor Code Section 5400. The Appeals Board, adopting the WCJ's report and reasoning, found that the applicant credibly testified about her injury and that the defendants failed to prove prejudice due to late reporting under Labor Code Section 5403. Consequently, the Board denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemAOE/COELabor Code Section 5400PrejudiceIndustrial CausationPanel Qualified Medical EvaluatorCredibility Determination
References
4
Case No. 2024 NY Slip Op 04334 [230 AD3d 811]
Regular Panel Decision
Aug 28, 2024

Ramirez v. Pace Univ.

The plaintiff, Jonathan Ramirez, suffered personal injuries after falling from a scaffold during a construction project at Pace University, which had contracted with NYCAN Builders, LLC to manage the project. Ramirez sued both Pace University and NYCAN Builders, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court granted Ramirez's motion for summary judgment on the issue of liability under Labor Law § 240 (1). On appeal, the Appellate Division affirmed the lower court's decision, finding that the plaintiff established a prima facie case of an elevation-related hazard and proximate cause, and the defendants failed to raise a triable issue of fact or demonstrate that the motion was premature. The court also held NYCAN Builders, LLC liable as a statutory agent under Labor Law § 240 (1).

Personal InjuryScaffold AccidentConstruction SiteLabor Law ViolationSummary Judgment MotionAppellate DivisionElevation-Related HazardProximate CauseStatutory Agent LiabilityNondelegable Duty
References
12
Case No. MISSING
Regular Panel Decision

De La Concha v. Fordham University

Plaintiff Harry de la Concha sued his former employer, Fordham University, alleging discrimination based on race (Latino) and national origin (Puerto Rican) after his termination. Fordham moved for summary judgment, asserting legitimate, non-discriminatory reasons for the discharge. The court found no evidence to support a claim of national origin discrimination and granted summary judgment to Fordham on that claim. Regarding the race discrimination claim, the court determined that de la Concha failed to demonstrate that Fordham's stated reasons for his dismissal were a pretext for discrimination, despite an immediate supervisor's use of racial slurs. Consequently, the court granted Fordham's motion for summary judgment on the race claim, dismissing de la Concha's Title VII claim in its entirety.

Employment DiscriminationRace DiscriminationNational Origin DiscriminationTitle VIISummary JudgmentPretextHostile Work EnvironmentWrongful TerminationFederal Rules of Civil Procedure 56McDonnell Douglas Burden-Shifting
References
18
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