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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
Oct 08, 2002

McAllister v. McAllister

This case involves an appeal from a judgment of the Supreme Court, Cattaraugus County, entered on October 8, 2002. The judgment had previously dissolved the marriage, ordered the defendant to pay maintenance, and awarded counsel fees to the plaintiff. The appellate court affirmed the awards of maintenance and counsel fees, finding no abuse of discretion by the trial court. However, the court modified the distributive award, agreeing with the defendant that the plaintiff's share of the net proceeds from the sale of the marital residence should be reduced. This adjustment was made because the trial court erroneously awarded the plaintiff the entire workers' compensation settlement instead of only the amount actually contributed as separate property towards the marital residence repair, resulting in a $1,739.78 reduction in the plaintiff's share.

Matrimonial lawMarital residenceDistributive awardWorkers' compensation settlementMaintenanceCounsel feesProperty divisionSpousal supportJudicial discretionAppellate review
References
2
Case No. MISSING
Regular Panel Decision
Oct 06, 2004

Belleville v. Madame Pirie's, Inc.

Claimant sustained a work-related back injury in 1991 and began receiving workers' compensation benefits. After a third-party personal injury action settlement in 1994, the case was closed in October 1998 with no present deficiency for compensation payments. In 2004, the case was reopened due to a possible new causally connected injury. A WCLJ found no compensable lost time from April 1998 to July 2004, authorized medical treatment, and directed the Special Fund for Reopened Cases was responsible. The Workers’ Compensation Board affirmed this decision, finding that the time periods specified in Workers’ Compensation Law § 25-a (8) were met due to the passage of time without compensation payment in a closed case, and no application for deficiency compensation was made upon reopening. The Special Fund appealed, and the Board's decision was affirmed.

Workers' CompensationSpecial FundReopened CasesLiability ShiftWorkers’ Compensation Law § 25-aThird-Party SettlementBack InjuryDeficiency CompensationMedical Treatment
References
7
Case No. MISSING
Regular Panel Decision
Jun 06, 1995

Claim of Glasheen v. New York State Department

Claimant, a General Counsel for the New York Department of State, developed muscular skeletal strain and nerve dysfunction from extensive writing, leading to a diagnosis of cumulative trauma disorder. After an inability to agree on accommodations for her disability, she was terminated in October 1993. The Workers’ Compensation Board established occupational disease and causal relationship, setting the date of disablement as October 3, 1991. The Board further ruled she sustained a causally related partial disability from September 20, 1993 through September 8, 1994, entitling her to benefits. The employer appealed, arguing she voluntarily removed herself from the job market and that the date of disablement was incorrect. The appellate court affirmed the Board's decision, finding substantial evidence supported that claimant did not voluntarily withdraw from the labor market and that October 3, 1991, was the proper date of disablement.

Occupational DiseaseMuscular Skeletal StrainNerve DysfunctionCumulative Trauma DisorderPartial DisabilityDate of DisablementVoluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsEmployer AccommodationMedical Evidence
References
4
Case No. MISSING
Regular Panel Decision

Nardolillo v. Sovinsky

Plaintiffs, members of the Tile, Marble and Terrazzo Helpers Subordinate Union No. 8, sought to recover funds contributed by their employer to a trust fund. They argued that the discontinuation of employer contributions rendered them ineligible for benefits, making the trust's purpose impossible and leading to unjust enrichment by the fund. Defendants countered that such payments would violate the trust agreement and IRS provisions, maintaining that plaintiffs remained eligible. The court determined that the fund was a common trust, not individual escrowed accounts, and upheld the trustees' interpretation that ensured plaintiffs' continued eligibility, preventing a forfeiture of rights. Consequently, the plaintiffs' motion was denied, and the defendants' motion to dismiss was granted.

Union Trust FundEmployee BenefitsEmployer ContributionsTrust AgreementBenefit EligibilityFund AdministrationBreach of TrustFiduciary DutyDismissal MotionLabor-Management Relations Act
References
6
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
Case No. ADJ1117454 (AHM 0147671)
Regular
Nov 08, 2019

LINDA KIEHLMEIER vs. CALIFORNIA EMERGENCY PHYSICIANS MEDICAL GROUP, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA, UNITED STATES FIRE INSURANCE COMPANY ADJUSTED BY CRUM & FORSTER

This Workers' Compensation Appeals Board (WCAB) case concerns a clerical error in the service date of a prior decision. The WCAB issued an Opinion and Order Correcting Clerical Error to amend the service date of a decision from October 8, 2019, to November 8, 2019. The Board has the authority to correct such errors without further proceedings. This correction is made pursuant to relevant legal precedent and practice guides.

WORKERS' COMPENSATION APPEALS BOARDLINDA KIEHLMEIERCALIFORNIA EMERGENCY PHYSICIANS MEDICAL GROUPTRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICAUNITED STATES FIRE INSURANCE COMPANYCRUM & FORSTERADJ1117454AHM 0147671Van Nuys District OfficeOPINION AND ORDER CORRECTING CLERICAL ERROR
References
2
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. ADJ11377421
Regular
Nov 08, 2019

GABRIEL ESPARZA vs. CITY OF SANTA ANA

This case involves a clerical error in the original decision's service date. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct this clerical error, amending the service date from October 8, 2019, to November 8, 2019. The WCAB also reviewed the defendant's petition for reconsideration concerning the findings of permanent disability, apportionment, and attorney fees. Due to inconsistencies in the QME's reports regarding the basis of the impairment rating, the WCAB affirmed the original award but deferred these specific issues for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationClerical ErrorDate of ServiceOpinion and OrderFindings and AwardWorkers' Compensation Administrative Law JudgeSubstantial EvidenceQualified Medical ExaminerAMA Guides
References
6
Case No. ADJ10327919
Regular
Nov 08, 2019

MARIA SANCHEZ vs. BARON HR, LLC, BISON DATA SYSTEMS, INC., THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a clerical error in the service date of a prior Board decision. The Board will correct the service date from October 8, 2019, to November 8, 2019. Separately, the defendant insurer sought reconsideration of a prior award, arguing fraud in the contractual relationship between employers and that insurance coverage disputes are subject to arbitration. The Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings and a new decision, clarifying that the WCJ should determine employer identity, while insurance coverage issues may proceed to arbitration.

Professional Employer OrganizationPEOLabor Code section 3602(d)general and special employmentjoint and several liabilityarbitrationLabor Code section 5275clerical errorPetition for ReconsiderationFindings and Award
References
13
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