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

Case No. ADJ6883903

Regular

Oct 12, 2012

NADIA KAKAR vs. EDWARD THOMPSON, DDS, PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board has dismissed Nadia Kakar's Petition for Reconsideration in her case against Edward Thompson, DDS, and Preferred Employers Insurance Company. The Board adopted and incorporated the findings of the administrative law judge's Report and Recommendation, which recommended dismissal. Therefore, the petition for reconsideration is formally dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalAdministrative Law JudgeReport and RecommendationADJ6883903Edward Thompson DDSPreferred Employers Insurance CompanyNadia KakarStockwell Harris

References

Case No. ADJ6882152

Regular

Aug 19, 2010

Nadia Massoud vs. A-1 AUTO AND TRUCK SERVICE, PACIFIC EMPLOYERS INSURANCE COMPANY

This case involves Nadia Massoud's petition for reconsideration of a stipulated workers' compensation award of 14% permanent disability. Massoud claims her former attorney provided inadequate representation, pressured her into the stipulation, and that her limited English proficiency impeded her understanding. The Appeals Board granted reconsideration, rescinded the stipulated award, and returned the matter to the trial level. The WCJ will now determine if good cause exists to set aside the original stipulated award.

Petition for ReconsiderationStipulations with Request for AwardPermanent DisabilityFurther Medical TreatmentAgreed Medical EvaluatorPanel Qualified Medical EvaluatorFormer AttorneyMistaken BeliefLimited English ProficiencyGood Cause

References

Case No. ADJ2245392

Regular

Dec 15, 2009

NADIA ROBINOW vs. COUNTY OF ALAMEDA, AIG, TRISTAR RISK MANAGEMENT

The WCAB dismissed applicant's petition for reconsideration, granted her petition for removal, and amended the Findings and Order to find that defendant is not entitled to a new qualified medical evaluator.

Workers' Compensation Appeals BoardRemovalReconsiderationQualified Medical EvaluatorCumulative TraumaBilateral Upper ExtremitiesSingle InjuryInterlocutory OrderLabor CodeCalifornia Code of Regulations

References

Case No. MISSING

Regular Panel Decision

Raheb v. Schneierson Holding Corp.

Plaintiff Nadia El Raheb sued Schneierson Holding Corp. and Triangle Lingerie Corp. for wrongful discharge. The case, initially filed in the New York State Supreme Court, was removed to federal court by the defendants, who claimed federal preemption under the National Labor Relations Act (NLRA). The plaintiff sought a remand, arguing a lack of federal subject matter jurisdiction. The District Court denied the defendants' motions to dismiss and for sanctions. The Court found no federal subject matter jurisdiction, concluding that the defendants were collaterally estopped from asserting federal preemption due to a prior inconsistent stance taken in an arbitration proceeding. Consequently, the action was remanded to the New York State Supreme Court.

Wrongful DischargeFederal PreemptionNational Labor Relations ActSubject Matter JurisdictionRemand to State CourtRule 12(b)(6) MotionSanctions MotionCollateral EstoppelSuccessor EmployerCollective Bargaining Agreement

References

Case No. MISSING

Regular Panel Decision

TRANTER v. Astrue

Nadia Tranter sued the Commissioner of Social Security under 42 U.S.C. § 405(g) after her Supplemental Security Income (SSI) benefits claim was denied. Tranter alleged inability to work since 2005 due to a car accident injury affecting her left arm and shoulder. An Administrative Law Judge (ALJ) denied her application, a decision upheld by the Appeals Council. The court reviewed the ALJ's decision, specifically Tranter's arguments regarding the vocational expert's testimony, her age, and her capacity for 'light work.' The court found the ALJ applied the correct legal standards and that the decision was supported by substantial evidence. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Tranter's cross-motion was denied, leading to the dismissal of the case.

Social Security BenefitsSupplemental Security IncomeDisability ClaimAdministrative Law JudgeMedical ReviewResidual Functional CapacityVocational ExpertTreating Physician RuleCervical Spine DegenerationReflex Sympathetic Dystrophy

References

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NADIA KAKAR vs. EDWARD THOMPSON, DDS, PREFERRED EMPLOYERS INSURANCE COMPANY

Nadia Massoud vs. A-1 AUTO AND TRUCK SERVICE, PACIFIC EMPLOYERS INSURANCE COMPANY

NADIA ROBINOW vs. COUNTY OF ALAMEDA, AIG, TRISTAR RISK MANAGEMENT

Raheb v. Schneierson Holding Corp.

TRANTER v. Astrue