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

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
Case No. ADJ9364320
Regular
Jan 31, 2020

ANGELA PRINCE TAYLOR vs. COMPTON UNIFIED SCHOOL DISTRICT, LOS ANGELES UNIFIED SCHOOL DISTRICT

In this workers' compensation case, the Appeals Board granted reconsideration of the WCJ's findings regarding a stipulation between the applicant and Compton Unified School District. The Board rescinded the WCJ's order and returned the matter for further proceedings. This action was taken because the WCJ improperly framed the issues as the parties' arguments rather than actual disputes to be decided. The Board emphasized the need for clear issue framing to avoid piecemeal adjudication.

Petition for ReconsiderationStipulations with Request for Awarddate of injuryLabor Code section 5500.5res judicataWCAB jurisdictionFindings and OrderReport and Recommendationtrial levelparty defendant
References
1
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. 16 NY3d 707
Regular Panel Decision
Jan 01, 2011

Mount Vernon City School District v. Nova Casualty Co.

Mount Vernon City School District (School District) initiated a breach of contract action against Nova Casualty Company (Nova), a compensated surety, and DJH Mechanical Associates, Inc. (DJH), the contractor, for failure to complete HVAC work. DJH defaulted, and Nova disclaimed liability, asserting that the School District improperly diverted $214,000 of contract funds to the Department of Labor for an unrelated debt of DJH, violating the Lien Law and increasing Nova's risk under the performance bond. The lower courts and the Court of Appeals affirmed that Nova was not discharged from its surety obligation because it had not completed performance and thus lacked subrogation rights as a Lien Law trust beneficiary. Furthermore, the payment to DOL, representing earned funds for DJH's past performance, did not materially alter the contract or impair Nova's risk. The School District's request for litigation attorneys' fees was denied, as the contract and bond language did not "unmistakably clearly" obligate Nova for such costs, only for those related to project completion.

Performance bondSurety dischargeBreach of contractLien Law Article 3-ATrust fund diversionContract paymentsAttorneys' fees litigationSubrogation rightsMaterial alteration of contractCompensated surety
References
15
Case No. MISSING
Regular Panel Decision
Feb 25, 2009

Augustin v. Enlarged City School Dist. of Newburgh

Plaintiff Ertha Augustin, a teacher of Haitian descent, sued Annette Saturnelli, Joan Goudy-Crosson, and the Enlarged City School District of Newburgh under 42 U.S.C. § 1983 and New York State Executive Law § 296, alleging employment termination due to national origin discrimination. Defendants moved for summary judgment. The court granted summary judgment for Saturnelli and the School District on all claims, and for Goudy-Crosson on state law claims, finding no evidence of discriminatory animus or knowledge on their part. However, summary judgment was denied for Goudy-Crosson on the federal discrimination claim, as sufficient evidence of potential discriminatory motive and influence on plaintiff's termination existed to warrant a jury trial.

DiscriminationNational Origin DiscriminationEmployment TerminationTeacherSchool DistrictSummary JudgmentSection 1983New York State Executive LawQualified ImmunityMcDonnell Douglas Framework
References
32
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
0
Case No. ADJ9712319
Regular
Jun 20, 2025

ELEANOR DIAZ NEVAREZ vs. ELK GROVE UNIFIED SCHOOL DISTRICT, SCHOOLS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by defendant Elk Grove Unified School District. The Board affirmed the WCJ's decision that the utilization review (UR) was untimely and procedurally defective, specifically regarding a Request for Authorization (RFA) for an H-Wave device. The defendant had argued the RFA was incomplete, but the Board found it procedurally complete, thus triggering UR obligations. The Board concluded that the defendant's failure to issue a timely conditional denial, as required by regulations, rendered the UR invalid and untimely. Additionally, the Board confirmed its decision was issued in compliance with the 60-day timeframe stipulated by Labor Code section 5909.

WCABPetition for ReconsiderationLabor Code section 5909TransmissionElectronic Adjudication Management SystemEAMSReport and RecommendationUtilization ReviewURRequest for Authorization
References
7
Case No. ADJ7572282
Regular
Nov 20, 2013

IRENE LOZANO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the Los Angeles Unified School District's petition for reconsideration because it was not filed from a "final" order. The Board also denied the petition for removal, adopting the WCJ's recommendation that there was no substantial prejudice or irreparable harm. The underlying order vacated submission to allow for further development of the record concerning the applicant's cumulative trauma claim. The Board cautioned the School District for filing an improper petition.

WCABPetition for ReconsiderationPetition for Removalfinal ordersubstantive rightinterlocutory orderprocedural decisionevidentiary decisionvacate submissiondevelop the record
References
7
Case No. MISSING
Regular Panel Decision

PK Ex Rel. PK v. Bedford Cent. School Dist.

Parents P.K. and P.K. filed a lawsuit against Bedford Central School District under the Individuals With Disabilities Education Act (IDEA), appealing a State Review Officer's decision. They sought tuition reimbursement for their minor child P.K.'s unilateral placement in private residential schools, arguing the District failed to provide a free appropriate public education (FAPE). The District had recommended its Keys to Emotional Awareness (KEA) program, believing P.K.'s difficulties stemmed from substance abuse rather than his emotional disturbance. The Court affirmed the administrative decisions, granting summary judgment to the District, holding that the IEPs were appropriate and that the District was not obligated to pay for substance-abuse treatment.

Individuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education ProgramTuition ReimbursementPrivate School PlacementResidential PlacementEmotional DisturbanceSubstance AbuseSchool District ResponsibilitySummary Judgment
References
15
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