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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Jared XX.

The petitioner appealed a Family Court order from Delaware County, which dismissed their application to declare Jared XX., Marisa XX., and Justine YY. as abused or neglected children. The initial proceeding alleged sexual abuse of Jared XX. by the respondent, leading to claims of derivative neglect for the other two children. Family Court dismissed the petition due to insufficient corroboration of Jared's out-of-court statements. On appeal, the court reviewed the Family Court's findings regarding the reliability of Jared's in-court testimony and the expert validation testimony, ultimately agreeing that the corroboration threshold was not met. Consequently, the appellate court affirmed the dismissal of the petition.

Child protectionChild neglectChild abuseCorroboration of testimonyExpert witnessFamily CourtAppellate reviewSexual abuse allegationsEvidentiary standardsWitness credibility
References
12
Case No. MISSING
Regular Panel Decision

Trachtenberg v. Failedmessiah.com

Plaintiff Marisa Trachtenberg sued Scott Rosenberg and Failedmessiah.com for defamation, negligence, and intentional infliction of emotional distress, stemming from an online article that falsely reported her arrest for child sex abuse. The case, initially filed in Queens County Supreme Court, was removed to federal court where the defendants moved for dismissal of all claims. The District Court granted the motion, concluding it lacked personal jurisdiction over the defamation claim under New York's long-arm statute, as the defendant's out-of-state online publication activities did not constitute sufficient "transacting business" within the state. Additionally, the negligence and IIED claims were dismissed for failing to state a claim, being considered duplicative of the defamation claim and lacking the requisite elements, respectively. The court also denied the defendants' request for sanctions against the plaintiff, finding her arguments colorable.

DefamationNegligenceIntentional Infliction of Emotional DistressPersonal JurisdictionLong-Arm StatuteDue ProcessOnline Publication LiabilityInternet JurisdictionNew York Civil Practice Law and Rules (CPLR)Motion to Dismiss
References
33
Case No. ADJ2329312 (LBO 0288049) ADJ3811046 (LBO 0238656) ADJ367597 (LBO 0348091)
Regular
Jul 15, 2009

MARISA CARLINI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS-LAUSD DEDICATED UNIT

The Workers' Compensation Appeals Board dismissed LAUSD's petition for reconsideration and denied removal. LAUSD sought reconsideration of an order approving a Compromise and Release for prior injuries to applicant's back. The Board found LAUSD was not aggrieved by the order as its lien rights were protected and its substantive liabilities were not determined. Furthermore, LAUSD's request for consolidation was denied as it was moot and the prior cases were resolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalCompromise and ReleaseIndustrial InjuryCumulative InjurySpecific InjuryLos Angeles Unified School DistrictSan Pedro Peninsula HospitalClinical Coordinator
References
0
Case No. ADJ3811046 (LBO 0238656), ADJ367597 (LBO 0348091), ADJ2329312 (LBO 0288049)
Regular
Apr 09, 2012

MARISA CARLINI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SAN PEDRO PENINSULA HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration by the Workers' Compensation Appeals Board. The Board granted reconsideration of a January 19, 2012 decision. The Board then affirmed the original decision but amended it by rescinding and striking Finding of Fact 8.

Workers' Compensation Appeals BoardMarisa CarliniLos Angeles Unified School DistrictSan Pedro Peninsula HospitalSedgwick Claims Management ServicesADJ3811046LBO 0238656Opinion and Order Granting ReconsiderationDecision After ReconsiderationPetition for Reconsideration
References
0
Case No. ADJ16528931
Regular
Apr 25, 2025

Marisa Kelly vs. Sacramento County Child Protective Services, PSI, County of Sacramento

Defendant sought reconsideration of a Findings of Fact, Awards and Orders (F&O) issued on February 5, 2025, which found that the applicant, Marisa Kelly, sustained a work-related psychiatric injury. The defendant contended that the medical evidence supporting this finding, specifically from the Panel Qualified Medical Examiner (PQME), was not substantial. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's report, determined that the PQME's reasoning clearly supported the causation of the applicant's temporary disability and need for medical treatment. The Board concluded that the PQME's use of 'exacerbation' instead of 'aggravation' was immaterial, and therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardSacramento County Child Protective ServicesMarisa KellyPetition for ReconsiderationFindings of Fact Awards and OrdersInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEPsycheMedical EvidencePanel Qualified Medical Examiner
References
6
Case No. ADJ11317464, ADJ11317437
Regular
Jan 09, 2023

MARISA FISCHBACHA vs. ARDEN GROUP, dba GELSON'S MARKET, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. However, the parties subsequently reached an informal agreement to resolve all issues in the petition for reconsideration. Consequently, the Board vacated its prior order granting reconsideration and dismissed the petition. This action renders the WCJ's original decision final through dismissal of the appeal.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONJOINT FINDINGS OF FACT AND ORDERADMINISTRATIVE LAW JUDGECOMMISSIONERS' SETTLEMENT CONFERENCEINFORMAL AGREEMENTPETITION FOR RECONSIDERATIONVACATEDDISMISSEDDEPUTY COMMISSIONER
References
2
Case No. ADJ9100288
Regular
May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707
References
7
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