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

Case No. OAK 216926 OAK 207971
Regular
Jun 27, 2008

JAMES SHERRY vs. CONNELLEY'S FINE FURNITURE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding of 100% permanent disability for applicant James Sherry. Although the Board found the presumption of total disability under Labor Code section 4662(d) inapplicable, they affirmed the 100% permanent disability award based on vocational evidence and medical opinions regarding the applicant's severe psychological impairments and constant headaches. The Board also determined that the defendant failed to establish apportionment to a prior disability award, as the current psychological impairments were solely attributed to the industrial injuries.

Workers' Compensation Appeals BoardConnelley's Fine FurnitureState Compensation Insurance FundOAK 216926OAK 207971Opinion and Order Denying Reconsiderationindustrial injurieskneesnecklow back
References
2
Case No. OAK 216926, OAK 207971
Regular
Nov 09, 2007

JAMES SHERRY vs. CONNELLEY'S FINE FURNITURE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found that the administrative law judge erred by failing to apply apportionment principles under Labor Code sections 4663 and 4664 to the applicant's permanent disability. The case is returned to the trial level for further proceedings to determine permanent disability considering apportionment based on causation and prior awards.

Workers' Compensation Appeals BoardConnelley's Fine FurnitureState Compensation Insurance FundOAK 216926OAK 207971Findings Award Orderindustrial injurieskneesnecklow back
References
7
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 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 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 273736, OAK 284934, OAK 331633
Regular
Apr 04, 2008

PAULETTE JOHNSON vs. SAY AREA RAPID TRANSIT

The Workers' Compensation Appeals Board denied BART's Petition for Reconsideration, upholding the finding that BART violated Labor Code Section 132a. The Appeals Board adopted the Administrative Law Judge's report, which determined BART unlawfully placed the applicant on administrative leave due to her assertion of legal rights in her workers' compensation case, not due to legitimate business necessity or medical restrictions. Specifically, BART waited over a year after an agreed medical examiner noted the applicant's inability to climb before placing her on leave, despite no medical opinion prior to the favorable award indicating she could not perform her usual duties.

Workers' Compensation Appeals BoardLabor Code Section 132aAdministrative LeaveAgreed Medical ExaminerPetition for ReconsiderationFindings and AwardTrain OperatorCumulative TraumaLumbar SpineCervical Spine
References
1
Case No. OAK 234515, OAK 239085, OAK 240882
Significant

Victoria Gomez vs. Casa Sandoval, Golden Eagle Insurance Company, California Compensation (in liquidation), California Insurance Guarantee Association, Risk Enterprise Management

An en banc opinion clarifying that the California Insurance Guarantee Association (CIGA) is generally relieved of liability in cases with a solvent carrier, unless liability was already apportioned and finalized before the original carrier's insolvency.

California Insurance Guarantee AssociationCIGAcovered claimsother insuranceinsolvencyapportionment of liabilitysuccessive injuriescumulative traumamedical treatmentadministration of award
References
17
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