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

Case No. 535533
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Marvin Andino

Marvin Andino appealed a Workers' Compensation Board decision that denied his claim for benefits due to untimely notice of injury. Andino allegedly suffered work-related injuries on July 17, 2019, but failed to provide written notice to his employer, Structural Preservation System, until March 18, 2021, significantly past the 30-day statutory period. Despite a Workers' Compensation Law Judge initially establishing the claim, the Board reversed, concluding that Andino did not provide timely notice as required by Workers' Compensation Law § 18. The Board also found that Andino's reasons for the delay, including fear of job loss and underestimation of injury severity, were insufficient given his ongoing pain and subsequent surgery. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying to excuse the untimely notice.

Untimely NoticeWorkers' Compensation BenefitsEmployer NotificationWork-Related InjuryShoulder InjuryRotator Cuff TearSurgeryBoard DiscretionAppellate ReviewSection 18
References
9
Case No. MISSING
Regular Panel Decision

Lipton v. Consumers Union of the United States, Inc.

This case addresses whether a pension fund's provision limiting investment of assets to certain securities, allegedly serving the employer's business interests, violates Section 302(c)(5) of the Taft-Hartley Act. Union Trustees Barry Lipton and Edward Lopez sued Consumers Union of the United States and Employer Trustees Maurice Eskenazi, Norman Leonarczyk, and Rick Lustig, arguing the plan was not established for the sole and exclusive benefit of participants due to these restrictions. Presiding District Judge Kaplan first affirmed jurisdiction, differentiating challenges to a fund's establishment from its operation. The court ultimately granted the defendants' motion for summary judgment, concluding that the plaintiffs' allegations of suboptimal returns and corporate benefit did not constitute the type of wrongdoing (bribery, extortion, or misuse) that the LMRA was designed to prevent.

Pension FundTaft-Hartley ActLabor Management Relations ActInvestment RestrictionsFiduciary DutySole and Exclusive BenefitUnion TrusteesEmployer TrusteesSummary JudgmentFederal Jurisdiction
References
17
Case No. ADJ7563024
Regular
Oct 02, 2012

MARVIN TU vs. NYPRO, NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Marvin Tu's petition for reconsideration in case ADJ7563024, adopting the judge's report. Additionally, the Board dismissed Tu's petition for reconsideration in case ADJ6960230 as untimely. The dismissal of the second petition was due to it being filed more than 25 days after the original Findings and Award. Because the time for reconsideration had expired in ADJ6960230, that decision became final and the Board lost jurisdiction to alter it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTimelyJurisdictionDismissedDeniedADJ7563024ADJ6960230Maranian v. Workers' Comp. Appeals Bd.
References
3
Case No. ADJ1315206 (SDO 0327261)
Regular
Jun 25, 2010

Marvin Nelson vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES

This case concerns Marvin Nelson's workers' compensation claim for an industrial injury to his back. The WCAB granted reconsideration to amend the findings regarding temporary disability overpayment. While upholding the denial of a neck injury claim due to insufficient medical evidence contemporaneous with the injury, the Board found no overpayment of temporary disability between August 16-24, 2004. The determination of permanent disability, apportionment, and further overpayments remains deferred pending further medical development.

Workers Compensation Appeals BoardMarvin NelsonState of California Department of Social ServicesIndustrial InjuryBack InjuryNeck InjuryTemporary DisabilityPermanent DisabilityOverpaymentDr. Carl Maguire
References
4
Case No. ADJ6998357
Regular
Oct 13, 2014

MARVIN WATERS vs. COUNTY OF LOS ANGELES, KING DREW MEDICAL CENTER

The Workers' Compensation Appeals Board (WCAB) granted Marvin Waters' petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and the need for further study of the case's factual and legal issues. The WCAB intends to thoroughly review the record to ensure a just and reasoned decision. All future filings in this matter must be submitted in writing directly to the WCAB Commissioners' office, not to district offices or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardKing Drew Medical CenterTristar Risk Managementstatutory time constraintsfactual and legal issuesjust and reasoned decisionfurther proceedingsOffice of the CommissionersElectronic Adjudication Management System
References
0
Case No. ADJ9158320, ADJ6695957
Regular
Oct 23, 2017

Marvin Rogers vs. American Medical Response, ACE American Insurance Company

This case concerns a workers' compensation insurer seeking credit for overpaid temporary disability benefits. The applicant, Marvin Rogers, sustained a lumbar spine injury as a paramedic. The insurer paid temporary disability benefits beyond the applicant's permanent and stationary date, but sought credit at the full overpaid amount against permanent disability indemnity. The Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to allow credit only at the lower permanent disability indemnity rate. This denial was based on equitable principles and the fact that the applicant did not act in bad faith, preventing prejudice to the injured worker.

Petition for ReconsiderationTemporary Disability IndemnityPermanent DisabilityCreditOverpaymentLabor Code section 4909Discretionary AuthorityEquitable PrinciplesGood FaithEstoppel
References
9
Case No. 2023 NY Slip Op 06416 [222 AD3d 1132]
Regular Panel Decision
Dec 14, 2023

Matter of Andino v. Structural Preserv. Sys.

Marvin Andino appealed a Workers' Compensation Board decision that denied his claim for benefits due to untimely written notice of injury. Andino allegedly sustained injuries in July 2019 but did not provide written notice to his employer until March 2021, long after initial medical treatment and shoulder surgery in December 2020. The Board found his reasons for delay insufficient, despite his claims of fearing job loss and not initially thinking the injury was serious. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board rationally found no sufficient reason for the untimely notice and did not abuse its discretion in disallowing the claim.

Workers' CompensationTimely NoticeNotice of InjuryExcused FailureEmployer KnowledgePrejudiceRotator Cuff TearShoulder InjurySurgical InterventionAppellate Review
References
9
Case No. CV-22-2294, CV-22-2299
Regular Panel Decision
Jun 27, 2024

In the Matter of the Claim of Jose Reyes Bonilla

Jose Reyes Bonilla and Marvin Reyes Bonilla, carpenters, filed workers' compensation claims after being injured in a motor vehicle accident while traveling to a job site in an employer-provided van. The Workers' Compensation Board affirmed decisions that established their claims against XL Specialty Insurance, ruling that their injuries arose out of and in the course of their employment. XL Specialty appealed, arguing its policy did not cover commuting injuries and that it was not the proper carrier. The Appellate Division affirmed the Board's decisions, finding XL Specialty failed to preserve its challenge and that the injuries were compensable due to the employer's control over transportation. The court also concluded that XL Specialty's policy exclusion was inapplicable as the transportation was incidental to the project.

Workers' CompensationMotor Vehicle AccidentEmployment InjuriesCourse of EmploymentEmployer Provided TransportationInsurance Coverage DisputeWrap-up PolicyAppellate ReviewPreclusionPenalties
References
17
Case No. 530744
Regular Panel Decision
Apr 08, 2021

Matter of Centeno v. Academy Group Props., LLC

Claimant Marvin Centeno was injured in 2015 while working on renovations in Connecticut and filed for workers' compensation. A Workers' Compensation Law Judge (WCLJ) found him an employee of uninsured employers Academy Group Properties, LLC and Yehuda Amar, holding them jointly and severally liable. The employers' initial application for Board review was denied due to noncompliance with procedural regulations (12 NYCRR 300.13 [b]). Following a WCLJ decision on the claimant's schedule loss of use (SLU), the employers again sought Board review, challenging the employment relationship and alleging lack of notice for the SLU hearing. The Workers' Compensation Board denied this second application, citing continued noncompliance with the regulatory requirements for specifying issues and grounds for appeal and objections made. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying review based on the incompleteness of the application.

Workers' Compensation LawAppellate DivisionBoard Review ApplicationProcedural NoncomplianceEmployment Relationship DisputeUninsured EmployerSchedule Loss of Use (SLU)Due Process ViolationHearing NoticeAdministrative Review
References
12
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
0
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