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

Case No. ADJ8088335
Regular
Jun 17, 2015

JOSE HERNANDEZ vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT

This case involves a Petition for Reconsideration filed by Jose Hernandez against the Newport Mesa Unified School District. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely, having been filed over 25 days after the Workers' Compensation Judge's (WCJ) decision. Furthermore, the petition was deficient as it failed to specify the grounds for reconsideration. The WCAB emphasized that an untimely petition is jurisdictional and cannot be considered.

Petition for ReconsiderationUntimely FilingWCJ ReportJurisdictional Time LimitLabor CodeWCAB RuleDismissalFinal DecisionService by MailProof of Mailing
References
4
Case No. ANA 0372417
Regular
Mar 11, 2008

CARMEN SANTANGELO vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the Petition for Removal in the case of Carmen Santangelo v. Newport Mesa Unified School District. The Board adopted the administrative law judge's report, finding no grounds to disturb the existing proceedings. The matter remains set for a Status Conference.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportStatus ConferenceDenial of RemovalNewport Mesa Unified School DistrictKeenan & AssociatesCarmen SantangeloLegal Service BureauFalk & Hamblin
References
0
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. 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. 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. MISSING
Regular Panel Decision

Agyeman v. Roosevelt Union Free School District

Plaintiff Ak-ousa Agyeman, an elementary school teacher, filed a civil rights action against the Roosevelt Union Free School District and several individuals, alleging violations of her First Amendment rights and retaliation under 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. Agyeman claimed she was retaliated against for engaging in protected speech, specifically through internal emails and a letter to the New York State Education Department, regarding student needs, District policies, and alleged legal violations. Defendants moved for summary judgment, arguing her speech was not constitutionally protected. The Court granted the defendants' motion, concluding that Agyeman's speech was made as a public employee performing official duties, not as a private citizen, and therefore was not protected by the First Amendment. Consequently, the Section 1983 claim was dismissed, and the remaining state law claim was dismissed without prejudice for re-filing in state court.

First Amendment retaliationPublic employee speechCivil rights actionSummary judgmentNew York State law claimDismissal without prejudiceTeacher employment disputeSchool district liabilityFreedom of speechOfficial duties
References
56
Case No. MISSING
Regular Panel Decision

Lawson v. Greenburgh Central School District Number 7

Lawson, a school bus driver for Shore Transportation Co., was dismissed after the Central School District alleged erratic driving and demanded his removal. Shore had a contract with the district giving the latter approval rights over drivers. Lawson initiated a CPLR article 78 proceeding, converted to a declaratory judgment action, to annul his dismissal and compel the appellants (Central School District and Shore) to grant an evidentiary hearing. The appellants' motion to dismiss was denied. The court affirmed the denial, ruling that the school district's substantial contractual and statutory control over driver employment, even without direct employment, could entitle Lawson to procedural due process protections, thus stating a valid cause of action for a hearing.

Procedural Due ProcessEmployment TerminationDeclaratory JudgmentCPLR Article 78School Bus DriverContractual ControlEvidentiary HearingAppellate ReviewEmployer-Employee RelationshipConstitutional Rights
References
4
Case No. MISSING
Regular Panel Decision

Lennon v. Cornwall Central School District

This case involves a dissent concerning a negligent supervision lawsuit. In 2010, two sixth-grade students, Caitlin Lennon and Cara D. Dimedio, were allegedly injured when 11-year-old Ryan Arzu collided with them during a school field trip to the Bronx Zoo. Their parents, Sharon Lennon and Christopher Dimedio, sued the Cornwall Central School District and chaperone Daisy Melendez. The School District moved for summary judgment, arguing they lacked specific knowledge of Ryan's prior dangerous conduct and the incident was an unforeseeable impulsive act. The Supreme Court denied this motion, but P.J. Eng dissents, asserting that the School District met its burden to demonstrate no liability and the motion for summary judgment should have been granted.

Negligent supervisionSchool liabilitySummary judgmentField trip injuryStudent collisionProximate causeNotice of dangerous conductImpulsive actBronx ZooAppellate dissent
References
10
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
Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Petitioner commenced a CPLR article 78 proceeding seeking reinstatement of his employment with the Rochester City School District after his position as a "school instructor/transition counselor" was abolished. He contended he was entitled to seniority rights within the "special subject tenure area" of school social worker under 8 NYCRR 30-1.8 (b) (9) and Education Law § 2585 (3), asserting he was not the least senior person in that tenure area. The Supreme Court denied the petition, and the appellate court affirmed. The collective bargaining agreement between the District and the union specified that layoffs for "school instructors" would occur within distinct categories, not tenure areas, and that school instructors could not displace teachers. By accepting employment as a school instructor and participating in the CBA, the petitioner was deemed to have waived any seniority rights in the school social worker tenure area.

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction
References
11
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