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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Weygant v. Walter Kroll, Inc.

The case involves an appeal stemming from a Workers' Compensation Board decision, which affirmed a Workers' Compensation Law Judge's order for medical witness depositions. However, the Workers' Compensation Board later rescinded its own panel decision that was under appeal, thus rendering the ongoing appeal moot. The court found no applicable exception to the mootness doctrine, citing established precedent like *Matter of Hearst Corp. v Clyne*. Consequently, the appeal was dismissed without costs due to its moot status.

Workers' Compensation LawAppeal dismissalMootness doctrineMedical witness depositionsBoard panel decision rescissionJudicial discretionProcedural issueAppellate procedureLegal precedent
References
2
Case No. MISSING
Regular Panel Decision

GENERAL LAND OFFICE OF THE STATE OF TEX. v. Oxy USA, Inc.

OXY U.S.A., Inc. initiated a lawsuit to prevent the General Land Office (GLO) from holding hearings regarding OXY's oil and gas lease rights. The trial court deemed sections of the Texas Natural Resources Code unconstitutional and issued an injunction against GLO's administrative proceedings. GLO subsequently filed a direct appeal. OXY then moved to dismiss the original cause, which the trial court granted, finding that GLO had not sought affirmative relief. This court determined that the trial court's dismissal rendered the direct appeal moot, as the temporary injunction automatically dissolved with the underlying case. The court also rejected the application of the 'capable of repetition yet evading review' and 'collateral consequences' exceptions to the mootness doctrine, concluding that the controversy was indeed moot. Consequently, the court granted OXY's motion and dismissed the appeal.

Mootness DoctrineDirect AppealCase DismissalNon-SuitJudicial ReviewTexas Natural Resources CodeConstitutional LawAdministrative ProceedingsInjunctionAppellate Procedure
References
18
Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. CA 16-00548
Regular Panel Decision
Feb 03, 2017

WORKERS' COMPENSATION BOARD OF STAT v. OLD LAMSON STATION, INC.

The defendant appealed an order denying its motion to vacate a money judgment. The Workers’ Compensation Board, as plaintiff, had unilaterally vacated the challenged judgment prior to the Supreme Court’s denial of the defendant’s motion. Consequently, the Appellate Division dismissed the appeal as moot, determining that the defendant was no longer aggrieved by the judgment, and the case did not meet the exception to the mootness doctrine.

Mootness DoctrineVacate JudgmentWorkers' Compensation LawAppellate ReviewJurisdictionAggrieved PartyNew York State LawProcedural DismissalMoney JudgmentAppellate Division Fourth Department
References
2
Case No. MISSING
Regular Panel Decision

Workers' Compensation Board v. Old Lamson Station, Inc.

The defendant appealed an order denying its motion to vacate a judgment entered by the plaintiff pursuant to Workers' Compensation Law § 26. The record indicated that the plaintiff had unilaterally vacated the challenged judgment prior to the Supreme Court's denial of the defendant's motion. Consequently, the appellate court concluded that the appeal was moot, as the defendant was no longer aggrieved by the judgment, and the case did not fall within any exception to the mootness doctrine. The appeal was unanimously dismissed without costs.

Mootness DoctrineAppeal DismissedWorkers' Compensation LawVacate JudgmentAggrieved PartyAppellate CourtOswego County
References
2
Case No. 2021 NY Slip Op 02442 [193 AD3d 1246]
Regular Panel Decision
Apr 22, 2021

Matter of Canadanovic v. Central Absorption of LIC, Inc.

The employer appealed a Workers' Compensation Board decision from October 2018. However, the full Board subsequently rescinded this decision and referred the case to a Board panel for further consideration. The Board panel then issued a decision in December 2020, which in turn rescinded the underlying May 2018 Workers' Compensation Law Judge decision and remitted the matter for further development of the record. As the decision on appeal and its underlying basis have both been rescinded, the Appellate Division determined the appeal to be moot and found no applicable exception to the mootness doctrine, thus dismissing the appeal without costs.

Mootness DoctrineAppellate ProcedureDecision RescissionCase RemittalWorkers' Compensation Board DecisionJudiciary Law § 431Third Department Appellate Division
References
2
Case No. 2022 NY Slip Op 03426 [205 AD3d 1286]
Regular Panel Decision
May 26, 2022

Matter of Richburg v. Samaritan Daytop Vil.

Claimant Alan Richburg appealed a decision by the Workers' Compensation Board that reversed a Workers' Compensation Law Judge's (WCLJ) order directing his employer, Samaritan Daytop Village, to produce COVID-19 related workplace documentation. Richburg had filed a claim for workers' compensation benefits due to contracting COVID-19 in June 2020. The Board found that the WCLJ's directive improperly shifted the burden of proof. Subsequently, Richburg's claim was established by a separate WCLJ decision in August 2021, which was not appealed. Consequently, the Appellate Division, Third Department, dismissed Richburg's appeal as moot, finding no applicable exception to the mootness doctrine.

Workers' Compensation BenefitsCOVID-19 ClaimMootness DoctrineBurden of ProofEmployer DocumentationAppellate ReviewWCLJ DecisionWorkers' Compensation Board ReversalClaim Establishment
References
6
Case No. 533486
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Alan Richburg

Claimant Alan Richburg, an employee at a homeless shelter, filed a claim for workers' compensation benefits in June 2020 after contracting COVID-19. A Workers' Compensation Law Judge (WCLJ) initially granted his request to compel the employer to produce COVID-19 related workplace documents, but the Workers' Compensation Board reversed this decision, finding it improperly shifted the burden of proof. Claimant appealed the Board's reversal. However, the claimant's underlying COVID-19 claim was subsequently established by an unappealed WCLJ decision in August 2021, rendering the appeal regarding the document production moot. The court found no exception to the mootness doctrine applicable.

COVID-19 ClaimWorkers' Compensation BenefitsMootness DoctrineBurden of ProofDocument ProductionAppellate DivisionEmployer ObligationsClaim EstablishmentProcedural IssuesAppeal Dismissal
References
5
Case No. MISSING
Regular Panel Decision

Claim of Bathrick v. New York State Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision affirming a Workers’ Compensation Law Judge's (WCLJ) order for medical witness depositions. The Board panel initially upheld the WCLJ's discretion, then amended its decision, which was subsequently rescinded by the full Board. The matter was remitted, and the Board panel later rescinded the WCLJ's decision, citing a lack of stated basis for directing depositions. Due to these successive rescissions of the underlying decisions, the Attorney General successfully moved to dismiss the appeal as moot. The Court found no evidence to support the claimant's contention that the Board's actions were a "sham" to evade judicial review, concluding that the appeal did not fall within an exception to the mootness doctrine.

Mootness DoctrineWorkers' Compensation LawMedical Witness DepositionsJudicial DiscretionAppellate ReviewBoard RescissionAdministrative AppealNew YorkWorkers' Compensation Board ProcedureDismissal of Appeal
References
4
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