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

Case No. ADJ7948651

Regular

May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference

References

Case No. 2020 NY Slip Op 00076 [179 AD3d 436]

Regular Panel Decision

Jan 07, 2020

White v. Metropolitan Opera Assn., Inc.

The Supreme Court granted plaintiff Wendy White's motion to dismiss the defendant Metropolitan Opera Association, Inc.'s second affirmative defense and for partial summary judgment on liability. The motion court determined that White is specifically excluded as an "employee" of the defendant for purposes of the Workers' Compensation Law. It further ruled that the special employee doctrine could not be applied to classify her as an employee under the Workers' Compensation Law. On appeal, the Appellate Division, First Department, unanimously affirmed this order. This decision reiterates the strict interpretation of "employee" status within the context of workers' compensation statutes.

Workers' Compensation LawEmployee StatusSpecial Employee DoctrineSummary JudgmentAffirmative DefenseAppellate ReviewStatutory InterpretationEmployer LiabilityPlaintiff MotionDefendant Exclusion

References

Case No. ADJ6707712

Regular

Oct 04, 2012

Marco Peris vs. Oakland Opera Theater, State Compensation Insurance Fund

This case involves Marco Peris appealing a Workers' Compensation Appeals Board (WCAB) decision. The WCAB had previously rescinded an award of 100% permanent disability, finding the record insufficient to establish applicant's future earning capacity at the maximum rate. Peris argued the board should have accepted his testimony of earning $38/hour as a journeyman laborer. The WCAB dismissed Peris's current petition for reconsideration, stating reconsideration is only permissible from a final order, not an interlocutory order returning a case for further development of the record.

Workers' Compensation Appeals BoardMarco PerisOakland Opera TheaterState Compensation Insurance FundADJ6707712Opinion and Order Dismissing Petition for ReconsiderationOpinion and Decision After ReconsiderationFindings and Awardpermanent disabilityfuture earning capacity

References

Case No. 02-10-00417-CV

Regular Panel Decision

Jul 21, 2011

John E. Boatman v. Bradley M. Griffin, Inc. D/B/A Home Theater Design Group

Appellant John E. Boatman appealed a postanswer default judgment granted in favor of appellee Bradley M. Griffin, Inc. d/b/a Home Theater Design Group. The appellant contended that the trial court abused its discretion by denying his motion for a new trial, arguing he met the Craddock elements for setting aside a default judgment due to medical issues and inability to contact his attorney. However, the appellate court found that the trial court did not abuse its discretion. The trial court reasonably concluded that Boatman's excuse for non-appearance, citing severe medical restrictions, was inconsistent with his subsequent move to Pennsylvania for work, suggesting conscious indifference rather than an accident or mistake. Consequently, the appellate court affirmed the trial court's judgment.

Default JudgmentNew Trial MotionAbuse of DiscretionCraddock TestConscious IndifferencePostanswer DefaultAppellate ReviewMedical ConditionAttorney Non-appearanceCredibility Finding

References

Case No. ADJ9908969

Regular

Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer

References

Case No. MISSING

Regular Panel Decision

Fouchecourt v. Metropolitan Opera Ass'n

Jean-Paul Fouehécourt, an opera singer, sustained injuries after falling from a stage platform during a performance at the Metropolitan Opera House. He filed a diversity action against the Metropolitan Opera Association, Inc. ('the Met') and Franco Zeffirelli, seeking damages for his injuries. The Met moved to dismiss the complaint, arguing that Fouehécourt was covered by the New York State Workers’ Compensation Law, which provides an exclusive remedy and bars such actions. The court agreed, finding that Fouehécourt, as a performing artist, fell under the statutory definition of an 'employee' for workers' compensation purposes, despite his contract stating he was an 'outside contractor.' Consequently, the court granted the Met's motion, dismissing the complaint with prejudice.

Workers' CompensationExclusive RemedyIndependent ContractorPerforming ArtsOpera SingerNegligenceDismissalStatutory InterpretationLegislative HistoryNew York Law

References

Case No. ADJ4569483 (STK 0214134)

Regular

Sep 18, 2012

Samuel Turco vs. CITY OF OAKLAND, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted the City of Oakland's petition for reconsideration, overturning a prior finding that Samuel Turco's cumulative trauma heart injury claim was not time-barred. The Board determined that Turco knew or should have known his disability was industrially caused by no later than February 10, 2007, when he sought legal advice and filed a claim related to his 2002 heart attack. Since his claim against the City of Oakland was filed in April 2008, it was deemed barred by the one-year statute of limitations under Labor Code section 5405. Consequently, Turco's claim against the City of Oakland was dismissed.

Workers' Compensation Appeals BoardADJ4569483Samuel TurcoCity of Oaklandcumulative trauma injuryheart and cardiovascular systempolice officerLabor Code section 3212.5statute of limitationsknowledge of compensable disability

References

Case No. 2024 NY Slip Op 04519

Regular Panel Decision

Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary

References

Case No. MISSING

Regular Panel Decision

Nov 04, 2011

Mayo v. Metropolitan Opera Ass'n, Inc.

This case concerns an appeal from an order and judgment regarding a worker's fall from a ladder at the Metropolitan Opera House. Plaintiff Manuel Mayo sustained injuries while trying to close a hatch door on the roof, leading to claims under Labor Law §§ 240(1) and 200 and common-law negligence against Lincoln Center and Metropolitan Opera Association (the Met). The court found Met and Lincoln Center liable under Labor Law § 240(1) for failing to provide adequate safety devices. Additionally, the Met pursued claims against third-party defendants Strauss Painting and Creative Finishes for breach of an agreement to procure insurance. The decision largely affirmed the lower court's rulings but modified the Met's motion for summary judgment against Creative Finishes due to unresolved factual issues regarding contractual obligations. Nova Casualty Company was granted summary judgment, declaring no obligation to indemnify the Met or Creative due to untimely notice of claim and other policy conditions.

Labor Law § 240(1) LiabilityLabor Law § 200Common-Law NegligenceSummary Judgment MotionBreach of ContractInsurance Procurement AgreementIndemnification ClaimsThird-Party LitigationUntimely Notice of ClaimAdditional Insured Status

References

Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437

Regular

Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers

References

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