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Case Law Database

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

Case No. ADJ6413644

Regular

Apr 24, 2009

JANICE HOWELL vs. NATIONAL MENTOR HOLDINGS, dba COLE VOCATIONAL SERVICES, administered by ESIS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not taken from a final order determining substantive rights or liabilities. The petition also sought removal, which was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The underlying issues, such as an order compelling medical record production, are interlocutory procedural matters not subject to reconsideration. The Board adopted the WCJ's report and recommendation, denying both reconsideration and removal.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightRemovalWCJ Report and RecommendationStipulationsOrder Compelling Production of RecordsDiscovery ProcessPrivacy

References

Case No. ADJ1839782 (GOL 0101821) ADJ2471155 (GOL 0101822) ADJ3556721 (GOL 0101823)

Regular

Sep 27, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, EMPLOYERS COMPENSATION

The Workers' Compensation Appeals Board denied reconsideration of an order denying an applicant more than 104 weeks of temporary disability benefits. The applicant argued that the defendant delayed necessary treatment, justifying an extension of benefits, but failed to provide specific evidence to support claims of tolling or estoppel. Furthermore, the applicant's contention that the defendant should be sanctioned for delaying treatment was denied because it was not raised at trial. The Board affirmed the administrative law judge's report, finding no legal basis to extend the statutory limit on temporary disability.

WCABReconsiderationTemporary Disability104 weeksLabor Code § 4656(c)(1)EstoppelTollingSanctionsLabor Code § 5813AME

References

Case No. ADJ11446749; ADJ11446748

Regular

Apr 28, 2023

STEVEN CORSARO vs. MENTOR NETWORK, AMERICAN HOME ASSURANCE, SEDGWICK

The Workers' Compensation Appeals Board rescinded a previous decision that found the applicant did not sustain an industrial injury to his right leg. The Board returned the case to the trial level due to an inadequate record, as the Workers' Compensation Judge failed to prepare necessary documentation and admit key evidence. Furthermore, the Board noted that medical evidence is required to establish causation for repetitive traumatic injuries, and lay testimony alone is insufficient for this determination. Therefore, further proceedings are necessary to develop both the factual and medical records before a new decision can be rendered.

AOE/COEReconsiderationFindings and OrderWCJPQMELay testimonyMedical evidenceLabor Code § 5313Minutes of HearingSummary of Evidence

References

Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)

Regular

Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office

References

Case No. MISSING

Regular Panel Decision

Ghent v. Moore

Plaintiff James A. Ghent, Jr., an African-American male, filed suit against his employer, State University of New York (SUNY), and several individual defendants, alleging racial discrimination under federal civil rights laws and the New York State Human Rights Law. Ghent claimed he was subjected to disparate treatment, specifically citing the non-renewal of his FORUM West mentor contract as racially motivated. Defendants moved for summary judgment, asserting sovereign immunity for SUNY and presenting documented performance issues as legitimate, non-discriminatory reasons for the contract decision. The District Court granted summary judgment for the defendants, dismissing the complaint. The court found that the plaintiff failed to demonstrate a genuine issue of material fact regarding whether the defendants' stated reasons were a pretext for unlawful discrimination.

Racial DiscriminationEmployment LawSummary JudgmentCivil RightsEleventh AmendmentSovereign ImmunityDisparate TreatmentContract Non-renewalPerformance IssuesPretext

References

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JANICE HOWELL vs. NATIONAL MENTOR HOLDINGS, dba COLE VOCATIONAL SERVICES, administered by ESIS

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightRemovalWCJ Report and RecommendationStipulationsOrder Compelling Production of RecordsDiscovery ProcessPrivacy

JEANETTE ZINKE vs. MENTOR CORPORATION, EMPLOYERS COMPENSATION

WCABReconsiderationTemporary Disability104 weeksLabor Code § 4656(c)(1)EstoppelTollingSanctionsLabor Code § 5813AME

STEVEN CORSARO vs. MENTOR NETWORK, AMERICAN HOME ASSURANCE, SEDGWICK

AOE/COEReconsiderationFindings and OrderWCJPQMELay testimonyMedical evidenceLabor Code § 5313Minutes of HearingSummary of Evidence

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

Ghent v. Moore

Racial DiscriminationEmployment LawSummary JudgmentCivil RightsEleventh AmendmentSovereign ImmunityDisparate TreatmentContract Non-renewalPerformance IssuesPretext