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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 27, 2002

Spadola v. New York City Transit Authority

Plaintiff Terry Spadola, a Line Supervisor for the New York City Transit Authority, brought an action under Title VII of the Civil Rights Act of 1964, alleging unlawful retaliation. He claimed that successive disciplinary proceedings, which ultimately led to his dismissal, were in response to his objection to a supervisor's comment he regarded as sexual harassment. The defendants, New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority, moved for summary judgment. The court granted the motion, concluding that Spadola failed to establish a prima facie case of unlawful retaliation under Title VII, as his belief of sexual harassment was not objectively reasonable and there was insufficient evidence of a causal connection between his protected activity and adverse employment actions.

Title VIIRetaliation ClaimSexual HarassmentSummary JudgmentEmployment DiscriminationDisciplinary ActionArbitration AwardPrima Facie CaseCausal ConnectionPretext
References
53
Case No. MISSING
Regular Panel Decision

Peck v. HUDSON CITY SCHOOL DIST., HUDSON, NY

The Court addressed defendant Hudson City School District's (HCSD) motion in limine regarding various evidentiary matters in a sexual harassment case brought by an employee against HCSD and a maintenance worker, John Walsh. The plaintiff alleged hostile work environment and quid pro quo harassment under Title VII. The Court denied HCSD's motions to exclude evidence of harassment prior to December 1, 1995, evidence of another employee's harassment, evidence related to Walsh's meeting with a student, and evidence concerning Walsh's resignation. The Court granted HCSD's motions to preclude the plaintiff from testifying about certain employee statements (unless within scope of authority) and to prevent introduction of evidence regarding HCSD's subsequent change in sexual harassment policy. The Court reserved decision on precluding Dr. Gilly's medical testimony pending further explanation from the plaintiff.

Motion in LimineSexual HarassmentHostile Work EnvironmentTitle VIIContinuing Violation ExceptionEvidentiary RulingsFederal Rules of EvidenceFederal Rules of Civil ProcedureTreating Physician TestimonyHearsay
References
10
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. ADJ10533211, ADJ10547118
Regular
Dec 26, 2018

MONICA NURSE (COOK) vs. COUNTY OF SAN DIEGO

This case involves Monica Nurse's claim for psychological injury due to alleged sexual harassment. The Workers' Compensation Appeals Board denied her petition for reconsideration of a prior ruling. The Board found that Nurse failed to provide objective evidence of harassment, a requirement for establishing a compensable psychiatric injury under Labor Code section 3208.3(b)(1). The judge's credibility determination of witnesses, who testified against harassment, was given significant weight. Therefore, her claims were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and Orderpsyche injuryemploymentsexual harassmentobjective evidenceactual events of employmentWCJsubstantial evidence
References
3
Case No. ADJ3793506 (LBO 0329885)
Regular
Jun 18, 2014

LYDIA QUINONES vs. STAR RING/CALIFORNIA INDEMNITY INSURANCE COMPANY as administered by GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted the defendant's petition for reconsideration of a prior award. The defendant argued its due process rights were violated by the denial of a supplemental QME report and challenged the 100% permanent disability finding and other awards. The Board intends to admit specific applicant expert reports into evidence, subject to objection. A ruling on the merits of the petition will follow a review of any objections.

Petition for ReconsiderationFindings and AwardVocational ExpertHome Health CarePermanent DisabilityQualified Medical EvaluatorDue ProcessSupplemental ReportSubstantial EvidenceAdmitted Evidence
References
2
Case No. ADJ7348149
Regular
Mar 18, 2019

CELINE ROUYA vs. SAVE MART SUPERMARKETS, CORVEL CORPORATION

The applicant appeals the WCJ's decision denying injury to psyche and other body parts, arguing the WCJ erred by not addressing her harassment claim and finding the personnel actions were in good faith. The Appeals Board granted reconsideration to further study the issues, noting discrepancies in witness testimony and insufficient medical opinions on causation. The case is returned to the WCJ for further proceedings to develop the record, including obtaining clarified medical opinions on causation and further testimony. The dissenting commissioner would affirm the WCJ's decision, finding the personnel actions were legal and non-discriminatory, and applicant's harassment claims were not supported by objective evidence.

Workers' Compensation Appeals BoardCeline RouyaSave Mart SupermarketsCorvel CorporationADJ7348149ReconsiderationPsychiatric InjuryPharmacy TechnicianHarassmentNational Origin
References
5
Case No. ADJ1125092 (AHM 0152155)
Regular
Dec 10, 2010

MARICELA MURPHY vs. COUNTY OF SAN BERNARDINO

The applicant, Maricela Murphy, sought reconsideration of a Workers' Compensation Appeals Board decision denying her claim for industrial psychiatric injury. The Board denied her petition, affirming the administrative law judge's finding that she failed to demonstrate actual employment events were the predominant cause of her alleged injury, as required by Labor Code section 3208.3(b)(1). Furthermore, the Board found that any employer actions constituted lawful, nondiscriminatory personnel actions, rendering a more complex legal analysis unnecessary. The judge's credibility determinations, favoring defense witnesses over the applicant's accounts to medical evaluators, were found to be supported by substantial evidence, particularly the lack of objective evidence of harassment.

Labor Code § 3208.3industrial psyche injuryactual events of employmentpredominant causelawful personnel actionRolda analysisWCJ findingssubstantial medical evidenceobjective evidence of harassmentcredibility determinations
References
6
Case No. 2015-1796 Q CR
Regular Panel Decision
Aug 25, 2017

People v. Rivas (Mayra)

This case concerns an appeal by Mayra Rivas from her convictions for stalking in the fourth degree and harassment in the first degree. The Appellate Term, Second Department, reviewed the facial sufficiency of the superseding accusatory instrument and the weight of the trial evidence. The court reversed and dismissed the conviction for stalking under Penal Law § 120.45 (3), finding the accusatory instrument facially insufficient as it lacked objective facts to establish a reasonable fear of employment loss. However, the convictions for stalking under Penal Law § 120.45 (1) and harassment in the first degree were affirmed, as the court determined that the extensive allegations supported a finding of a course of conduct intended to cause reasonable fear for personal safety, beyond mere protected speech.

StalkingHarassmentCriminal LawAppellate ReviewFacial InsufficiencySufficiency of EvidencePenal LawCriminal Procedure LawFirst AmendmentFree Speech
References
16
Case No. ADJ11213816
Regular
Dec 02, 2019

KIM MAILANGKAY vs. PATTON STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, the applicant's petition for reconsideration was denied. The Board adopted the WCJ's reasoning, which found that the applicant failed to present objective evidence to support her psychiatric injury claim, as required by Labor Code section 3208.3 and the holding in *Verga v. Workers' Comp. Appeals Bd*. The Board also gave significant weight to the WCJ's credibility determinations, noting the opportunity to observe witnesses' demeanor and finding no evidence to overturn those findings. Therefore, the petition for reconsideration was denied based on the lack of substantiated objective evidence and the WCJ's credible findings.

Workers' Compensation Appeals BoardPatton State HospitalState Compensation Insurance FundPetition for Reconsideration DeniedPsychiatric InjuryActual Events of EmploymentObjective EvidenceHarassmentPersecutionVerga v. Workers' Comp. Appeals Bd.
References
2
Case No. MISSING
Regular Panel Decision

Claim of Alves v. Hamilton

The claimant, a teacher, experienced multiple reassignments and received unfavorable evaluations, leading to claims of harassment and a causally related disability due to severe anxiety and mental anguish. Initially, an Administrative Law Judge ruled in the claimant's favor, but the Workers’ Compensation Board later rescinded the award. The Board determined there was no evidence of harassment and no causally related anxiety neurosis arising from employment. On appeal, the court reviewed the Board's decision, focusing on the substantial evidence and witness credibility. The court affirmed the Board’s decision, upholding its finding that the claimant was not harassed and that the factual determination was within the Board's sole province.

Workers' CompensationCausally Related DisabilityAnxiety NeurosisHarassmentSubstantial EvidenceCredibility of WitnessesFactual DeterminationAppellate ReviewTeaching EmploymentMental Anguish
References
2
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