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

Case No. OAK 0279116, OAK 0323541
Regular
May 02, 2008

BARBARA MCMILLER vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted the defendant's petition for reconsideration and rescinded the prior order approving a Compromise and Release. This action was taken because the defendant contested the validity of the settlement, alleging the applicant died prior to signing the agreement and that the signature was not authentic. The case is remanded to the trial level for further proceedings to determine the legitimacy of the settlement agreement.

McMillerCounty of AlamedaSedgwick Claims Management ServicesOAK 0279116OAK 0323541Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJsettlementapplicant died
References
0
Case No. 2023 NY Slip Op 00892
Regular Panel Decision
Feb 15, 2023

Velasquez v. Sunstone Red Oak, LLC

Plaintiff Marianella Velasquez initiated a putative class action against Sunstone Red Oak, LLC, alleging violations of Labor Law article 6 concerning unpaid service charges. Velasquez, who worked as a server through a staffing agency, claimed to be an employee of Sunstone. The Supreme Court denied both Velasquez's motion for sanctions and Sunstone's cross-motion for summary judgment. Upon review, the Appellate Division reversed the Supreme Court's order regarding the cross-motion, finding that Sunstone successfully demonstrated Velasquez was not their employee, and Velasquez failed to provide sufficient counter-evidence. Consequently, the Appellate Division granted Sunstone's cross-motion for summary judgment, dismissing the complaint, and deemed Velasquez's appeal academic.

Labor Law Article 6Service ChargesGratuitiesEmployer-Employee RelationshipStaffing AgencySummary JudgmentSpoliation of EvidenceAppellate ReviewIndependent ContractorControl Test
References
9
Case No. CA 14-01911
Regular Panel Decision
Jun 12, 2015

REGENCY OAKS CORPORATION v. NORMAN-SPENCER MCKERNAN, INC.

Regency Oaks Corporation, a professional employer organization, filed a fraud action against Norman-Spencer McKernan, Inc., an insurance agency. The plaintiff alleged that an employee of the defendant provided a falsified workers’ compensation insurance policy and a certificate of liability insurance, directing premium payments to his private company, PIM, under the false pretense that PIM was a division of the defendant. After receiving a penalty from the New York State Workers’ Compensation Board, plaintiff received a forged letter confirming coverage. The defendant's employee was later terminated for embezzlement from another client. The Supreme Court granted plaintiff partial summary judgment on liability, which was affirmed by the Appellate Division, Fourth Judicial Department, concluding that plaintiff reasonably relied on the employee's apparent authority.

FraudApparent AuthorityWorkers' Compensation InsuranceEmployee MisconductSummary JudgmentInsurance Agency LiabilityProfessional Employer OrganizationFalsified DocumentsAgency LawAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Dittert v. Oak Tree Farm Dairy, Inc.

Plaintiffs Jason Dittert, Anthony Lombardo, and Walter J. Finn sued Oak Tree Farm Dairy, Inc., for personal injuries sustained during armed robberies while employed by Dairy Barn Stores, Inc. An earlier action against Dairy Barn was dismissed due to Workers' Compensation being the exclusive remedy. Plaintiffs argued Oak Tree was the 'alter ego' of Dairy Barn or a 'joint venturer,' but this claim was also barred by Workers' Compensation Law. On appeal, plaintiffs contended a Dairy Barn District Supervisor, allegedly an Oak Tree employee, breached a duty by failing to order a store closure after a robbery warning. The court determined the supervisor was a co-employee, rendering the action barred by Workers' Compensation Law, and found no proximate cause for the injuries. Consequently, Oak Tree's cross-motion for summary judgment was granted, and the complaint against it was dismissed.

Personal InjuryWorkers' Compensation LawSummary JudgmentAlter Ego DoctrineVicarious LiabilityCo-employee DefenseProximate CauseAppellate ProcedureComplaint DismissalEmployer Liability
References
5
Case No. OAK 0278433 OAK 0295169 OAK 0307341 OAK 0307342 OAK 0307343 OAK 0321700
Regular
Jul 06, 2007

LATONIA PACE vs. COUNTY OF ALAMEDA/SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and COUNTY OF ALAMEDA/AIG/ TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by Defendant AIG concerning prior workers' compensation decisions. The Appeals Board dismissed AIG's petition because AIG was not newly aggrieved by the Board's prior order, which affirmed the original judge's decision without amendment. AIG failed to timely petition for reconsideration of the initial judge's decision, and therefore, cannot now seek review of it through this petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedCumulative TraumaBilateral ShouldersUpper BackBilateral Upper ExtremitiesPermanent DisabilityWCJ Findings and AwardAggrieved Party
References
0
Case No. OAK 0299866 OAK 0299867 OAK 0299868 OAK 0308810
Regular
Feb 08, 2008

JOAN STEPP vs. COUNTY OF CONTRA COSTA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the prior award. The Board remanded the case for further proceedings, requiring the administrative law judge to reconsider the applicant's permanent disability in light of the ruling in *Benson v. The Permanente Medical Group*. This decision emphasizes the need for physicians to provide specific apportionment of disability causation, consistent with Labor Code Sections 4663 and 4664, rather than combining disabilities from distinct injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award & OrderAdministrative Law JudgeCumulative TraumaUpper ExtremitiesLow BackSpinePermanent Total DisabilityApportionment
References
6
Case No. OAK 293546, OAK 295646 OAK 295645, OAK 322365
Regular
Aug 22, 2008

LAURA BERRY vs. GOLDEN RAIN FOUNDATION, AMERICAN HOME ASSURANCE CO., AIG CLAIM SERVICES, ROSSMOOR MEDICAL CENTER, STATE COMPENSATION INSURANCE FUND

The Board denied American Home Assurance Co.'s petition and granted State Compensation Insurance Fund's petition for reconsideration, affirming the June 5, 2008 Findings, Award and Order, except for the employer's identity, which was deferred for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative TraumaTemporary DisabilityPermanent and StationaryBanker for AwardEmployer IdentificationSeparate EntitiesDevelop the RecordFindings Award and Order
References
1
Case No. OAK 0291011, OAK 0288999, OAK 0315224
Regular
May 01, 2007

Victor White vs. DHL WORLDWIDE/AIRBORNE EXPRESS, AMERICAN HOME ASSURANCE, COCACOLA ENTERPRISES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded prior decisions, and returned the cases to the trial level for further proceedings. This action was taken because the Board found the Administrative Law Judge erred in concluding that the concept of permanent disability overlap was repealed by SB 899, and the medical evidence regarding apportionment and the timing of permanent and stationary status was insufficient. The Board specifically noted that apportionment must be based on causation and that employers are only liable for the percentage of disability directly caused by the industrial injury.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentOverlapSB 899CausationMedical TreatmentSelf-Procured ExpensesAgreed Medical ExaminerSubstantial Medical Evidence
References
12
Case No. OAK 0236748, OAK 0330494, OAK 0330495
Regular
Jul 30, 2007

REINA CABEZAS vs. COUNTY OF ALAMEDA By AIG/TRISTAR, Permissibly Self-Insured By OCTAGON

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the judge's report, which found that the applicant sustained cumulative trauma injuries to her right upper extremity, cervical spine, and psyche. The judge's report, which the Board incorporated, explained that it relied on one physician's opinion as substantial evidence and found the defendant's arguments unpersuasive on the merits.

Workers' Compensation Appeals BoardReina CabezasCounty of AlamedaAIG/TristarOctagonPermissibly Self-InsuredCumulative TraumaRight Upper ExtremityCervical SpinePsyche
References
1
Case No. OAK 0273736 OAK 0331633 OAK 0284934
Regular
Oct 01, 2007

PAULETTE JOHNSON vs. DAY AREA RAPID TRANSIT and ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a disqualification petition against WCJ Lilla J. Rados. Defendants claimed improper assignment to a mandatory settlement conference and bias due to a statement about applicant's supervisor's testimony. The Board found the statement insufficient to demonstrate bias and noted that procedural assignment rules do not constitute grounds for disqualification.

DisqualificationMandatory Settlement ConferenceWCJ BiasLabor Code Section 132aCumulative TraumaFindings and AwardCode of Civil Procedure Section 641Appearance of BiasWCAB Rule 10347Section 5700
References
1
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