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

Case No. MISSING
Regular Panel Decision

Claim of Findling v. Community General Hospital

Claimant sustained a work-related injury in July 1995 and subsequently experienced intermittent lost time from work. In April 1998, claimant was awarded eight weeks of intermittent lost time, but sought review from the Workers’ Compensation Board, submitting a spreadsheet that indicated 13 weeks of lost time. The Board declined to consider the merits of her application, categorizing the spreadsheet as new evidence and citing claimant's failure to explain its prior non-submission. On appeal, the Court found that the Board erred in deeming the spreadsheet new evidence, a point the employer conceded. This error precluded the Board from fulfilling its fact-finding role and deprived the claimant of a review on the merits. Consequently, the decision was reversed, and the case remitted to the Board for further proceedings consistent with the Court's decision.

Workers' CompensationIntermittent Lost TimeEvidence AdmissibilityBoard ReviewRemittalProcedural ErrorAppellate Court DecisionDisability BenefitsFact-Finding RoleClaimant Rights
References
1
Case No. MISSING
Regular Panel Decision

Matter of Losardo v. Baxter Healthcare Corporation

Claimant, a truck driver, sought workers' compensation benefits for a back injury he alleged occurred in October 2007 while unloading a truck. A Workers’ Compensation Law Judge initially established the claim, but the Workers’ Compensation Board reversed this decision, finding insufficient credible medical evidence to support a work-related injury. The claimant subsequently appealed the Board's decision. The Appellate Division affirmed the Board's ruling, noting that medical records and testimony from treating physicians contradicted the claim of a work-related accident, instead suggesting a pre-existing condition and a non-work related injury at home. The court upheld the Board's broad authority to resolve credibility and draw inferences, concluding that its decision was supported by substantial evidence.

Back InjuryTruck DriverCompensable InjuryMedical EvidenceCredibilitySubstantial EvidenceAppellate ReviewDisability BenefitsWork-Related InjuryClaimant Testimony
References
4
Case No. RIV 0046548
Regular
Dec 27, 2007

MARIA GAMA vs. KINRO, INC., ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing a lien claim filed by Strohbach Chiropractic. The dismissal was based on the lien claimant's failure to appear at a conference and failure to object to a notice of intention to disallow the lien. The WCAB found that a dismissal solely for non-appearance is not a proper disallowance on the merits and does not provide due process. The case was returned to the trial level for a decision on the merits of the lien.

WCABReconsiderationLien ClaimantDismissalFailure to AppearDue ProcessDeclaration of ReadinessLien ConferenceNotice of Intention to DisallowCompromise and Release
References
2
Case No. ADJ1622633 (VEN 0115623)
Regular
May 15, 2012

SALVADOR CONTRERAS vs. M&C FARM LABOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE PASADENA, PAULA INSURANCE

This case involves Salvador Contreras's petition to reopen his workers' compensation claim for new and further disability. The original claim was venued in Ventura/Oxnard, but Contreras filed his reopen petition in Los Angeles. The WCJ denied the petition based on former WCAB Rule 10390, which required filing in the proper district office and did not excuse non-compliance for filing in an incorrect office. The Court of Appeal, however, reversed this decision, holding that current WCAB Rule 10397, which allows filing in any office, applied as a procedural change. The Court also found that even under former Rule 10390, Contreras demonstrated excusable neglect, thus compelling the WCAB to grant reconsideration and return the case for a decision on the merits.

RemittiturPetition to ReopenStatute of LimitationsLabor Code 5410Labor Code 5804WCAB Rule 10390WCAB Rule 10397Excusable NeglectNew and Further DisabilityCourt of Appeal
References
12
Case No. MISSING
Regular Panel Decision

Galusha v. New York State Department of Environmental Conservation

This case involves three plaintiffs with physical disabilities who filed suit against the New York State Department of Environmental Conservation (DEC), the Adirondack Park Agency (APA), the State of New York, and its Governor, George Pataki. The plaintiffs alleged that the defendants' policies, specifically the ban on motorized vehicles in certain areas of the Adirondack Park, violated the Americans with Disabilities Act (ADA) by unfairly limiting their access to public lands. They contended that they could not access these areas without motorized assistance, unlike non-disabled individuals. The Court found that the plaintiffs faced irreparable harm and demonstrated a substantial likelihood of success on the merits. The decision highlighted the irrationality of the State's extensive non-emergency use of motorized vehicles in protected areas while denying necessary access to disabled persons. The Court granted a preliminary injunction, mandating that specific roads be opened for motorized vehicle use by individuals with certified mobility impairments.

Americans with Disabilities ActAccessibilityMotorized VehiclesAdirondack ParkEnvironmental ConservationPreliminary InjunctionMobility ImpairmentPublic LandsDisparate ImpactReasonable Accommodations
References
0
Case No. MISSING
Regular Panel Decision

Claim of Noel v. Owens-Brockway

The employer appealed a Workers’ Compensation Board decision from March 15, 2000, which deemed their application for review untimely and also affirmed a Workers’ Compensation Law Judge’s decision on the merits. The appellate court noted that the Board possessed discretionary authority to review beyond the 30-day period and had, in fact, addressed the merits of the appeal. Despite the employer challenging only the timeliness on appeal, the court found no reason to disturb the Board’s decision, as its alternative ruling on the merits remained unchallenged, thus providing no grounds for relief.

untimelinessworkers' compensation appealboard reviewdiscretionary authoritymerits reviewunchallenged rulingaffirmationappellate procedureWorkers' Compensation Lawjudicial review
References
2
Case No. MISSING
Regular Panel Decision

Thompson v. Roland (In Re Roland)

This post-trial decision concerns an adversary proceeding initiated by the plaintiff, Marjorie Thompson, Esq., against her former husband, the debtor, in a Chapter 7 bankruptcy case. The plaintiff sought to declare the debtor's obligation to pay her attorney's fees non-dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15). These fees stemmed from state court litigation where the plaintiff compelled the debtor to cooperate in the sale of a jointly owned property, and from the current bankruptcy proceedings. The court analyzed whether an enforceable right to attorney's fees existed under the parties' separation agreement's indemnification clause. It concluded that the indemnification provisions did not cover the specific breach committed by the debtor, thus failing to establish a contractual right to attorney's fees. As a result, the court ruled there was no "debt" to be deemed non-dischargeable and dismissed the adversary proceeding on its merits.

Bankruptcy LawNon-Dischargeability of DebtAttorney's FeesSeparation AgreementIndemnification ClauseContract InterpretationRooker-Feldman DoctrineStipulation of LawChapter 7Adversary Proceeding
References
25
Case No. MISSING
Regular Panel Decision

In re the Claim of Oglesby v. City of Newburgh

A probationary employee suffered a work-related injury and filed a workers' compensation claim, leading to his termination shortly after. He subsequently filed a discrimination complaint under Workers’ Compensation Law § 120, alleging retaliatory discharge. A Workers’ Compensation Law Judge initially found in favor of the claimant, but the Workers’ Compensation Board reversed this decision, stating the employer had valid, non-discriminatory reasons for termination, including poor work performance and disciplinary issues. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

DiscriminationRetaliationWorkers' Compensation LawEmployment TerminationProbationary EmployeeSubstantial EvidenceWorkers' Compensation BoardAppellate DivisionEmployerJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

Matter of Picone v. Putnam Hosp.

In 2002, claimant sustained a non-work-related left knee injury, followed by surgery. In 2011, claimant suffered a work-related left knee injury. A Workers' Compensation Law Judge determined a 35% schedule loss of use of the left leg, apportioning 50% to the prior non-work-related injury, resulting in a 17.5% award. The Workers' Compensation Board affirmed this decision. Claimant appealed the apportionment, arguing it should not apply to a schedule loss of use award. The Appellate Division affirmed the Board's decision, citing medical evidence from two orthopedic surgeons supporting the apportionment of the schedule loss of use award between the work-related and prior non-work-related injuries.

Schedule loss of useApportionmentKnee injuryWorkers' compensation appealMedical opinionPrior injuryNon-work-related injuryWork-related injuryAppellate DivisionWorkers' Compensation Board
References
3
Case No. MISSING
Regular Panel Decision

Sheahan v. Brady

Plaintiff Danielle Sheahan, a white woman, was terminated from her position at the Internal Revenue Service (IRS) in April 1992, after being hired in May 1991. The defendant, the Secretary of the Treasury, claimed she was fired for submitting an altered college transcript. However, the plaintiff alleged racial and color discrimination, asserting that her mostly Black co-workers and supervisors conspired against her, fabricating the transcript alteration accusation. Sheahan pursued administrative remedies, first with the Merit Systems Protection Board (MSPB), which dismissed her complaint for lack of jurisdiction on October 16, 1992. Subsequently, she filed a charge with the Equal Employment Opportunity Commission (EEOC), which also dismissed her case on October 22, 1992, based on the erroneous belief that an MSPB appeal was still pending. Plaintiff then filed a civil suit in federal court on November 12, 1992. Critically, on November 9, 1992, the Treasury Department had filed a Request to Reopen the EEOC's October 22 decision. The court examined the requirements of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16, specifically concerning the exhaustion of administrative remedies and the finality of EEOC actions. Under 29 C.F.R. § 1613.234, a timely request to reopen by either party renders an EEOC decision non-final for the purpose of initiating a civil action. Consequently, the defendant's request to reopen on November 9, 1992, made the EEOC's October 22 decision non-final before Sheahan filed her lawsuit on November 12, 1992. Therefore, the court concluded it lacked subject matter jurisdiction. The court granted the defendant's motion, dismissing the plaintiff's complaint without prejudice, and suggested that either party could renew a request to reopen the EEOC decision, anticipating it would be granted given the EEOC's original erroneous finding.

Federal employment discriminationTitle VIICivil Rights ActRacial discriminationColor discriminationWrongful terminationAdministrative exhaustionEEOC decision finalitySubject matter jurisdictionMotion to dismiss
References
11
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