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

Case No. ADJ2623515 (SJO 0244721) ADJ1776322 (SJO 0250018)
Regular
Feb 10, 2010

THU-HA TRAN vs. THERMO LASER SCIENCE, ST. PAUL TRAVELERS, MATRIX ABSENCE MANAGEMENT

This case concerns Matrix Absence Management's petition for reconsideration of a workers' compensation decision regarding cost reimbursement for applicant Thu-Ha Tran's lumbar spine treatment. The arbitrator previously found insufficient evidence to compel reimbursement between Matrix and St. Paul Travelers. Matrix's petition lacked verification, a requirement under Labor Code section 5902. The Board dismissed the petition because Matrix failed to cure this defect despite notice. Even if verified, the Board would have denied the petition based on the original arbitrator's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lucena v. Diablo Auto BodyFindings and OrderReimbursementLumbar SpineMatrix Absence Management
References
1
Case No. ADJ2317869
Regular
Aug 04, 2009

ALLEN BONET vs. HONDA OF OAKLAND, MATRIX ABSENCE MANAGEMENT

This case involves a Petition for Removal filed by Honda of Oakland and Matrix Absence Management. The Workers' Compensation Appeals Board denied the petition because the defendants failed to demonstrate substantial prejudice or irreparable harm, which are the strict requirements for removal. The Administrative Law Judge recommended denial, citing significant issues with the medical records and the applicant's inconsistent testimony regarding his date of injury. The ALJ had taken the matter out of submission to further develop the record, specifically to determine the correct date of injury, which is crucial for evaluating the defendants' post-termination and statute of limitations defenses.

Petition for RemovalWorkers' Compensation Appeals BoardADJ2317869Allen BonetHonda of OaklandMatrix Absence ManagementOrder Denying Petition for RemovalSubstantial PrejudiceIrreparable InjuryAOE/COE
References
4
Case No. 2020 NY Slip Op 06000 [187 AD3d 1395]
Regular Panel Decision
Oct 22, 2020

Matter of Capraro v. Matrix Absence Mgt.

Claimant, a home-based claims examiner, was injured while moving unassembled new office furniture to his home office after his employer declined to cover the expense. He applied for workers' compensation benefits, but both a Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board denied his claim, ruling that the injury did not arise out of and in the course of his employment. The Board had applied a novel, rigid standard for at-home employees, limiting compensability to injuries during regular work hours and active work duties. The Appellate Division, Third Department, found this new standard unsupported by precedent and inconsistent with the remedial nature of the Workers' Compensation Law, emphasizing that a regular pattern of work at home makes the residence a place of employment. The court reversed the Board's decision and remitted the matter, instructing the Board to apply the long-established standard to determine if the activity was "purely personal" or "reasonable and sufficiently work related."

Workers' CompensationArising out of employmentCourse of employmentWork-from-home injuryOffice furniturePersonal activity vs. work-relatedAppellate reviewRemittalBoard decision reversalHome as workplace
References
20
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. MISSING
Regular Panel Decision

Reyes v. Arco Wentworth Management Corp.

The plaintiff, German Reyes, was injured while employed by Grasskeepers Landscaping, Inc. on property owned by Ramapo Cirque Homeowners Association, Inc. and managed by Arco Wentworth Management Corporation. The injury occurred when his lawn mower entered a hole, causing it to tip and injure his leg. Reyes filed a lawsuit alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing both unsafe premises conditions and defective equipment due to the absence of an emergency shut-off switch. Ramapo moved for summary judgment, arguing it lacked supervisory control over the work and that the work was routine maintenance, thus falling outside the scope of Labor Law § 241 (6). The court denied Ramapo's motion for summary judgment, determining that Ramapo failed to meet its prima facie burden regarding premises liability and that a triable issue of fact existed under Labor Law § 241 (6). The court also discussed the inadmissibility of the plaintiff's English-language affidavit without a qualified translator's affidavit, but noted that other admissible evidence, such as the translated deposition transcript, still raised sufficient issues of fact to defeat summary judgment. Arco's separate motion for summary judgment was denied as premature.

Workers' CompensationPremises LiabilityDangerous EquipmentSummary JudgmentLabor LawNotice RequirementSupervision and ControlConstruction SafetyExcavationOSHA Violations
References
45
Case No. 08-00-00114-CV
Regular Panel Decision
Aug 22, 2002

SCM Management, Inc./Manuela Ortiz v. Ortiz, Manuela/SCM Management, Inc.

Manuela Ortiz, a housekeeper, sued SCM Management, Inc. for wrongful discharge under the Texas Worker's Compensation Act, alleging retaliation for her intent to file a worker's compensation claim due to worsening hand pain. A jury found in favor of Ortiz, awarding damages for lost wages and mental anguish, but the trial court excluded exemplary damages. SCM appealed, challenging the sufficiency of evidence for retaliatory discharge, lost wages, and mental anguish. Ortiz cross-appealed the denial of exemplary damages. The appellate court affirmed the trial court's judgment, upholding the findings for retaliatory discharge, lost wages, and mental anguish, but agreed that there was insufficient evidence for exemplary damages.

Worker's CompensationRetaliatory DischargeEmployment LawMental AnguishExemplary DamagesSufficiency of EvidenceLost WagesMitigation of DamagesTexas Labor CodeAppellate Review
References
28
Case No. ADJ3434154
Regular
Mar 28, 2011

GARY ZIMMERMAN vs. LEPRINO FOODS, INC., MATRIX ABSENCE MANAGEMENT COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.

Labor Code section 132aLeprino FoodsMatrix Absence Management CompanyGary ZimmermanBrian Belanger D.C.permanent and stationary reportunion grievanceArbitratorback payreinstatement
References
3
Case No. ADJ757155
Regular
Mar 21, 2013

FRANK KEY vs. TORRANCE MEMORIAL MEDICAL CENTER, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration. The Defendant argued that the applicant's condition had improved post-surgery, necessitating reevaluation by medical and vocational experts. However, the Board upheld the WCJ's finding that the applicant's testimony was credible and that his chronic pain and unemployability were well-established. The Board agreed with the WCJ that further evaluations were unnecessary as pain management was ongoing and did not alter the applicant's permanent total disability status.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibilityGarza v. Workers' Comp. Appeals Bd.PhlebotomistLumbar spineCervical spineLeft lower extremityPsyche
References
2
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision

Boney v. Interocean Ugland Management Corp.

Plaintiff Terrence Boney sued Defendant Interocean Ugland Management Corporation (IUM) for negligence and unseaworthiness after suffering injuries while working aboard the vessel HMI DYNACHEM. IUM subsequently filed a third-party complaint against Atlantic Cordage Corp., alleging the company manufactured a faulty rope contributing to the accident. Following a settlement between Boney and IUM, IUM received an assignment of Boney's claims against Atlantic Cordage and moved to substitute as party plaintiff to pursue these claims. The Court denied IUM's motion, ruling that federal admiralty law does not permit the assignment of unliquidated personal injury claims in the absence of specific statutory authority. The decision highlighted that such assignments are generally invalid under common law and maritime law principles.

Admiralty LawMaritime LawPersonal Injury ClaimsAssignment of ClaimsUnliquidated ClaimsMotion to Substitute PartyThird-Party ComplaintFederal Rules of Civil ProcedureJones Act claimsVessel Injury
References
10
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