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Case Law Database

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

Case No. ADJ2007189 (LAO 0857899)
Regular
Nov 01, 2019

Monica Bernasani vs. International Filing Company, U.S. Fire Insurance Company, Crum & Forster

This case involves Monica Bernasani's workers' compensation claim against International Filing Company for cumulative trauma injury. The Administrative Law Judge (ALJ) found Bernasani permanently totally disabled due to industrial injuries to her back, neck, shoulders, wrists, knees, psyche, headaches, weight gain, hypertension, and gastrointestinal system, awarding lifetime benefits. The defendant appealed, arguing the Agreed Medical Examiner's (AME) opinion was insufficient to support total disability and that a vocational report by Enrique Vega was improperly admitted. The Appeals Board denied the defendant's petition, affirming the ALJ's decision and finding the vocational report admissible due to the defendant's waiver of objection. The Board found substantial medical and vocational evidence supported the finding of permanent total disability.

Workers' Compensation Appeals BoardMonica BernasaniInternational Filing CompanyU.S. Fire Insurance CompanyPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgeWCJIndustrial Cumulative Trauma InjuryPermanently Totally Disabled
References
7
Case No. 532689
Regular Panel Decision
Oct 27, 2022

In the Matter of the Claim of Monica Patricia Hidalgo Bernal (Poncefarfan, (dec'd) Otto)

Monica Patricia Hidalgo Bernal filed a claim for workers' compensation death benefits after her spouse, a cab driver, was fatally stabbed while dispatched by New York Apple Car Service (NYACS). NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), controverted the claim, contending the decedent was a black car operator, thus making the New York Black Car Operators Injury Compensation Fund (NYBCOICF) liable. The Workers' Compensation Board found the decedent to be an independent livery driver, holding NYACS and its ILDBF carrier responsible. The Appellate Division affirmed the Board's decision, referencing Matter of Cisnero v Independent Livery Driver Benefit Fund, and reiterated that the vehicle's affiliation with NYBCOICF does not negate liability when the dispatch originated from an independent livery base.

Workers' CompensationDeath BenefitsIndependent Livery Driver Benefit Fund (ILDBF)New York Black Car Operators Injury Compensation Fund (NYBCOICF)Livery DriverBlack Car OperatorStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

In re Falcon EE.

This case involves an appeal from a Family Court order that adjudicated Falcon EE. as an abused child and Monica UU. as a neglected child by their respondent father/step-father. The initial proceedings stemmed from Falcon EE. sustaining multiple severe injuries, including an oblique femur fracture, head and chest bruises, and vaginal lacerations, which the respondent attributed to an accidental fall. However, medical testimony refuted the accidental cause, indicating sexual abuse and non-accidental trauma, and also noted prior injuries sustained by Falcon while in the respondent's care. The Family Court found Falcon abused by the respondent and Monica derivatively neglected, based on the respondent's conduct towards Falcon creating a substantial risk of harm to any child in his care. The appellate court affirmed the Family Court's determinations, finding sufficient evidence supported the findings of abuse and neglect.

References
8
Case No. ADJ9445540
Regular
Sep 04, 2018

MONICA DENOFRA vs. COUNTY OF VENTURA

This case involves a dispute over the extent of applicant Monica Denofra's industrial injury. The Administrative Law Judge (ALJ) awarded 43% permanent disability based on an orthopedist's opinion, but disregarded the Agreed Medical Evaluator (AME). The defendant seeks reconsideration, arguing the ALJ should have followed the AME's findings of injury only to the neck and 5% permanent impairment. The Appeals Board granted reconsideration, rescinded the ALJ's decision, and returned the case for a new decision based on the AME's findings and to determine credit for overpayments.

Petition for ReconsiderationAgreed Medical EvaluatorPrimary Treating PhysicianIndustrial InjuryPermanent DisabilityOrthopedic Permanent ImpairmentNeurological Permanent ImpairmentPermanent and Stationary DateCredit for OverpaymentFindings and Award
References
6
Case No. ADJ2140810 (OAK 0294314) ADJ1780104 (WCK 0046461)
Regular
Jan 29, 2010

Monica Meadors vs. Oakland Unified School District

The Workers' Compensation Appeals Board dismissed Monica Meadors' petition for reconsideration and removal. The petition was untimely, seeking reconsideration of a December 2008 order to attend a QME exam, which was outside the statutory filing period. Furthermore, the petition failed to address any specific order, finding, or award subject to review. The Board also remanded the matter to the trial level for consideration of declaring the applicant a vexatious litigant due to her history of filing repetitive and unsubstantiated complaints.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalPanel QMEVexatious litigantLabor Code section 5903Government Code Section 905(d)Permanent disabilityDate of injuryLiability denied
References
5
Case No. ADJ10533211, ADJ10547118
Regular
Dec 26, 2018

MONICA NURSE (COOK) vs. COUNTY OF SAN DIEGO

This case involves Monica Nurse's claim for psychological injury due to alleged sexual harassment. The Workers' Compensation Appeals Board denied her petition for reconsideration of a prior ruling. The Board found that Nurse failed to provide objective evidence of harassment, a requirement for establishing a compensable psychiatric injury under Labor Code section 3208.3(b)(1). The judge's credibility determination of witnesses, who testified against harassment, was given significant weight. Therefore, her claims were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and Orderpsyche injuryemploymentsexual harassmentobjective evidenceactual events of employmentWCJsubstantial evidence
References
3
Case No. ADJ6973825
Regular
May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

This case concerns a penalty imposed on Jenny Craig for unreasonably delaying authorization for applicant Monica Benard's chiropractic treatment. The WCJ found a 25% penalty for the delay, which Jenny Craig appealed, arguing the delay was due to the applicant's choice of a chiropractor outside their Medical Provider Network (MPN). The Appeals Board affirmed the unreasonable delay finding but reduced the penalty to 20% of the delayed treatment's value, citing a failure in case management rather than intentional disregard. Jurisdiction was reserved for the parties to adjust the penalty amount.

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment
References
9
Case No. ADJ10206021
Regular
Feb 26, 2018

Monica Roe vs. Trinity Property Consultants, Travelers Casualty Company of America

The Workers' Compensation Appeals Board denied Monica Roe's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Roe's testimony lacked credibility regarding her alleged work-related neck and right upper extremity injury, and relied on the more credible testimony of employer witnesses. Furthermore, the ALJ determined that the medical reports submitted by Roe's physicians did not constitute substantial evidence to support her claim, particularly regarding cumulative trauma. Consequently, the Board adopted the ALJ's reasoning and denied reconsideration of the original order.

AOE/COEPetition for ReconsiderationWCJ credibilitysubstantial medical evidencecumulative traumaspecific injurymedical opinionprior injuriesemployment dutieswitness testimony
References
7
Case No. ADJ8438071
Regular
Jun 07, 2013

MONICA CONTRERAS vs. KELLER WILLIAMS REALTY, SACRAMENTO METRO; TOWER NATIONAL INSURANCE IRVINE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that Monica Contreras was an employee of Keller Williams Realty. The WCAB determined that the initial finding was erroneously based on the legal requirement for real estate agents to be associated with a broker, rather than a factual analysis of the control exercised by the defendant. The case is returned to the Administrative Law Judge for further proceedings and a new decision considering the factual relationship and the multi-factor test for employment status. The WCAB emphasized that the right to control the means and manner of work is the primary test.

Workers' Compensation Appeals BoardMonica ContrerasKeller Williams RealtyTower National InsurancePetition for ReconsiderationFindings of FactAdministrative Law JudgeEmployee StatusIndependent ContractorReal Estate Agent
References
16
Case No. MISSING
Regular Panel Decision
Feb 27, 2017

In re R.T.

This decision by Judge Robert Hettleman, rendered on February 27, 2017, grants the motion to allow Monica T., a 21-year-old, to testify via closed-circuit television (CCTV) in a Family Court proceeding against her father, David T., who is accused of sexually abusing her. The Administration for Children’s Services (ACS) filed the petition, alleging derivative abuse of Monica's younger sister, R.T. Monica, described as cognitively and socially impaired, feared testifying in her father's physical presence due to potential emotional trauma and retaliation, as evidenced by expert affidavit from social worker Ann Sydor. The court balanced the respondent's confrontation rights against the compelling need to protect the vulnerable witness and ensure truthful testimony, citing precedents for CCTV use in criminal and family cases. Ultimately, the court found that CCTV provided sufficient safeguards for David T.'s due process rights while facilitating Monica's testimony without causing her irreparable psychological harm.

CCTV testimonyvulnerable witnesschild witnesssexual abuseFamily Court Act Article 10confrontation rightsemotional traumacognitive impairmentvictim protectiondue process
References
22
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