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

Case No. MON 0320833 MON 0320834 MON 0320835
Regular
Jul 16, 2007

MICHELLE NORDQUEST-LATTIN vs. ALL CREATURES, FIREMAN'S FUND INSURANCE COMPANY

This Workers' Compensation Appeals Board decision affirms a prior award finding the applicant sustained industrial injuries to her wrist, hand, neck, shoulders, and back across multiple dates. The Board upheld the award of temporary disability indemnity and penalties for unreasonable delay in providing necessary medical treatment and indemnity payments. The defendant's contentions regarding the validity of penalties and attorney's fees were rejected.

Workers' Compensation Appeals BoardMichelle Nordquest-LattinAll CreaturesFireman's Fund Insurance Companyveterinarian nurseright major wrist and handneckshouldersbacktemporary total disability
References
2
Case No. CA 13-00579
Regular Panel Decision
Jan 03, 2014

PULVER, MICHELLE v. CITY OF FULTON DEPARTMENT OF PUBLIC

Plaintiff Michelle Pulver commenced a personal injury action against the City of Fulton Department of Public Works and the City of Fulton after she tripped in a hole covered by plywood near a sidewalk. Defendants moved for summary judgment, citing lack of prior written notice. Plaintiff cross-moved for partial summary judgment on liability, alleging the City's affirmative negligence. The Supreme Court denied both motions, finding no prior written notice but potential factual issues regarding affirmative negligence. The Appellate Division modified the order by granting the defendants' motion and dismissing the complaint. The court held that the prior written notice requirement applied and that plaintiff failed to demonstrate that the City engaged in affirmative acts of negligence by creating the defective condition or placing the plywood.

Personal InjuryMunicipal LiabilitySidewalk DefectPrior Written NoticeAffirmative NegligenceSummary JudgmentAppellate ReviewPlywood CoverHole HazardOswego County
References
9
Case No. 2017 NY Slip Op 08637 [156 AD3d 463]
Regular Panel Decision
Dec 12, 2017

Matter of Michelle C. v. Jerome Alvin M.

The Appellate Division, First Department, affirmed a Family Court order that granted a mother's motion to deny her incarcerated ex-husband in-person visitation with their child at his correctional facility. The father, serving a 30-year sentence for attempted murder, appealed the decision. The court found that in-person visitation would be detrimental to the child's welfare due to the child's severe special needs, including hydrocephalus, developmental delays, and behavioral issues. Additionally, the six-hour travel distance and the father's lack of understanding of the child's condition were factors. The court modified the order to allow the father to maintain contact through letters, phone calls, and video communication.

Child welfareVisitation rightsParental incarcerationSpecial needs childModification of orderBest interests of the childCorrectional facility visitationFamily lawAppellate reviewParental rights
References
5
Case No. ADJ9963963
Regular
Feb 06, 2018

Michelle Canedo vs. McDonald's, Broadspire

This case involves Michelle Canedo's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed Canedo's petition because it was filed untimely. California law requires petitions for reconsideration to be *received* by the WCAB within 25 days of service by mail, with extensions for weekends or holidays. Canedo's petition, filed on December 14, 2017, was after the December 8, 2017 deadline, rendering it jurisdictionally invalid.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ OrderDismissalJurisdictional Time LimitService by MailLast Day for FilingProof of MailingMaranian v. Workers' Comp. Appeals Bd.
References
4
Case No. 2024 NY Slip Op 06580 [233 AD3d 963]
Regular Panel Decision
Dec 24, 2024

Gilhuys v. Trovato

The Appellate Division, Second Department, affirmed an order denying the defendant's motion to vacate a default judgment in a personal injury action. The defendant, Angela Trovato, failed to appear or answer the complaint, resulting in a default judgment for the plaintiff, Michelle Gilhuys. Trovato sought to vacate the judgment citing lack of jurisdiction under CPLR 5015(a)(4), excusable default under CPLR 5015(a)(1), and lack of timely personal notice under CPLR 317. The court found that service was properly effected, the defendant's excuse of insurance carrier delay was not a reasonable excuse for default, and she had received actual notice of the summons and complaint.

default judgmentpersonal injuryservice of processCPLR 317CPLR 5015(a)(1)CPLR 5015(a)(4)reasonable excusemeritorious defensejurisdictionappellate review
References
11
Case No. MISSING
Regular Panel Decision

Dunne v. Comm'r of Soc. Sec.

Plaintiff Michelle Marie Dunne sought judicial review of the Social Security Commissioner's final decision denying her applications for disability insurance benefits (DIB) and supplemental security income (SSI). She alleged disability due to various conditions including essential tremors, bipolar disorder, and asthma, with an onset date of October 15, 2012. An Administrative Law Judge (ALJ) found her severe impairments to be affective disorder, obesity, and essential tremors, but concluded she retained the residual functional capacity (RFC) for light work with specific limitations. Based on vocational expert testimony, the ALJ determined there were jobs in the national economy she could perform and thus found her not disabled. The District Court affirmed the Commissioner's decision, finding it supported by substantial evidence and free from legal error, specifically addressing Plaintiff's arguments regarding the weighing of treating physician opinions, the RFC assessment, and the evaluation of her tremors.

Disability benefitsSocial Security ActDIBSSIEssential tremorsBipolar disorderPTSDMental healthResidual functional capacityTreating physician opinion
References
31
Case No. CA 13-01535
Regular Panel Decision
Aug 08, 2014

HAUBER-MALOTA, MICHELLE T. v. PHILADELPHIA INSURANCE CO.

The plaintiff, Michelle T. Hauber-Malota, was injured as a passenger in a vehicle operated by a coemployee and owned by their common employer, JMFSC, when it was rear-ended by another vehicle also operated by a coemployee. Her initial personal injury action against the coemployee and the vehicle owner was dismissed based on the Workers' Compensation Law's exclusivity provisions. Subsequently, she sought supplementary uninsured/underinsured motorist (SUM) benefits from her employer's insurers, Philadelphia Insurance Companies, Tokio Marine Group, and Philadelphia Consolidated Holding Corp. The Supreme Court denied the defendants' motion for summary judgment, but the Appellate Division reversed this decision. The court concluded that because the plaintiff was not "legally entitled to recover damages" from the coemployee due to Workers' Compensation Law § 29 (6), she was also not entitled to SUM benefits under her employer's policy.

SUM BenefitsUninsured Motorist CoverageUnderinsured Motorist CoverageWorkers Compensation LawExclusive RemedyCoemployee LiabilityAutomobile Liability InsuranceContractual ObligationTort LiabilitySummary Judgment
References
13
Case No. ADJ3847846 (SDO 0345131)
Regular
Apr 24, 2009

Michelle Camp vs. San Diego Rural Fire Protection District

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Michelle Camp's temporary disability benefits and attorney's fees. The Board rescinded the original decision due to procedural errors, specifically the lack of a proper record including issues and stipulations, and the reliance on unverified letters as petitions. The case is remanded to the trial level for further proceedings, a corrected record, and a new decision. This action ensures all procedural requirements are met before a final determination is made.

Workers' Compensation Appeals Boardvolunteer firefightertemporary disability indemnityattorney's feepetition for reconsiderationproper recordissues and stipulationsMinutes of Hearing Summary of Evidenceunverified letterLab. Code
References
1
Case No. ADJ1099489 (VNO 0555304)
Regular
Jan 15, 2013

MICHELLE HALLIE vs. PACIFIC BELL AND TELEPHONE (AT&T successor in interest)

This case involves applicant Michelle Hallie and defendant Pacific Bell (AT&T) seeking reconsideration of a decision filed October 22, 2012. The Workers' Compensation Appeals Board has granted reconsideration due to statutory time constraints and the need for further study of the factual and legal issues. This action is taken to ensure a complete understanding of the record and to render a just decision after appropriate further proceedings. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB.

Workers' Compensation Appeals BoardPacific BellAT&T successorSedgwick Claims Management ServicesPetition for ReconsiderationGranting ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
0
Case No. ADJ7253570
Regular
May 20, 2015

MICHELLE FELDHAKE vs. HOLLYWOOD VIDEO, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant, Michelle Feldhake, and defendants Hollywood Video and Liberty Mutual Insurance Company. The defendants petitioned for removal of an order that closed discovery and set the case for trial, arguing it would cause irreparable harm by preventing them from obtaining vocational evidence. The Appeals Board granted removal, rescinded the order, and returned the case to the trial level due to ambiguity regarding the timing of the applicant's vocational expert's report. This action allows defendants to potentially obtain and present their own vocational evidence.

Petition for RemovalDiminished Future Earning CapacityVocational ExpertClosing DiscoveryDue ProcessIrreparable HarmVocational EvidenceMandatory Settlement ConferenceFindings Award and OrderHome Healthcare
References
2
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