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

Case No. MISSING
Regular Panel Decision
Jan 08, 2014

Claim of Angela Page v. Liberty Central School District

The claimant, a school librarian, sought workers' compensation benefits in July 2004 for a disability from toxic mold exposure, leading to an established claim for hypersensitivity and awards for temporary total disability. In 2006, the claim was amended to include multiple chemical sensitivity, and awards for marked disability continued. A Workers’ Compensation Law Judge (WCLJ) later classified the claimant with a permanent total disability in March 2010, but the Workers' Compensation Board rescinded this finding and referred the matter to an impartial medical specialist, Theodore Them. Them testified that multiple chemical sensitivity is not a medically recognized condition and that the claimant had no causally-related disability, which the Board credited in its December 2012 decision, finding no further causally-related disability and closing the case. The claimant's subsequent appeal of this decision was not perfected, and an application for reconsideration was denied. An April 2013 WCLJ decision to further develop the record on disability was challenged by the employer, who argued the December 2012 Board decision had resolved the issue. The Board panel agreed with the employer in January 2014, precluding further development of the record, a decision which this Court affirmed on appeal, stating the issue of causally-related disability had been decided and the claimant's remedy was a timely appeal of the prior Board decision.

References
2
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision

Matter of Alamin v. Down Town Taxi, Inc.

Claimant, a taxi driver, sustained neck and back injuries in a February 2008 work-related motor vehicle accident. His workers' compensation claim was established. A Workers’ Compensation Law Judge initially awarded benefits from February 2008 to October 2009, finding a moderate causally related disability after November 2008. However, the Workers’ Compensation Board later rescinded awards after November 20, 2008, ruling that no further causally related disability existed from that date. Claimant's subsequent request for reconsideration and/or full Board review was denied. The current court dismissed the appeals from the WCLJ's January 2013 decision and the Board's January 2014 decision due to procedural irregularities (direct appeal from WCLJ and untimely filing of notice of appeal). The court affirmed the Board’s March 2014 decision denying reconsideration, concluding that the Board did not abuse its discretion or act arbitrarily, as the claimant failed to present new evidence or demonstrate a material change in condition.

Workers' CompensationAppellate ProcedureDismissal of AppealReconsideration DenialCausally Related DisabilityMotor Vehicle AccidentIndependent Medical ExaminationProcedural BarAbuse of DiscretionTimeliness of Appeal
References
6
Case No. MISSING
Regular Panel Decision

Sheahan v. Brady

Plaintiff Danielle Sheahan, a white woman, was terminated from her position at the Internal Revenue Service (IRS) in April 1992, after being hired in May 1991. The defendant, the Secretary of the Treasury, claimed she was fired for submitting an altered college transcript. However, the plaintiff alleged racial and color discrimination, asserting that her mostly Black co-workers and supervisors conspired against her, fabricating the transcript alteration accusation. Sheahan pursued administrative remedies, first with the Merit Systems Protection Board (MSPB), which dismissed her complaint for lack of jurisdiction on October 16, 1992. Subsequently, she filed a charge with the Equal Employment Opportunity Commission (EEOC), which also dismissed her case on October 22, 1992, based on the erroneous belief that an MSPB appeal was still pending. Plaintiff then filed a civil suit in federal court on November 12, 1992. Critically, on November 9, 1992, the Treasury Department had filed a Request to Reopen the EEOC's October 22 decision. The court examined the requirements of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16, specifically concerning the exhaustion of administrative remedies and the finality of EEOC actions. Under 29 C.F.R. § 1613.234, a timely request to reopen by either party renders an EEOC decision non-final for the purpose of initiating a civil action. Consequently, the defendant's request to reopen on November 9, 1992, made the EEOC's October 22 decision non-final before Sheahan filed her lawsuit on November 12, 1992. Therefore, the court concluded it lacked subject matter jurisdiction. The court granted the defendant's motion, dismissing the plaintiff's complaint without prejudice, and suggested that either party could renew a request to reopen the EEOC decision, anticipating it would be granted given the EEOC's original erroneous finding.

Federal employment discriminationTitle VIICivil Rights ActRacial discriminationColor discriminationWrongful terminationAdministrative exhaustionEEOC decision finalitySubject matter jurisdictionMotion to dismiss
References
11
Case No. MISSING
Regular Panel Decision

Casas v. Consolidated Edison Co.

The Supreme Court, New York County, issued an order on October 3, 2011, which declared the defendant's answer stricken due to non-compliance with a conditional preclusion order from October 31, 2006, and limited the trial to the issue of damages. This order was unanimously affirmed on appeal. The defendant failed to provide a reasonable excuse for not complying with discovery requests and did not present a meritorious defense, which was necessary to vacate the preclusion order. The court also clarified that a Workers' Compensation Board panel decision dated August 28, 2009, regarding the plaintiff's accident-related disability, does not have preclusive effect. Additionally, a prior decision and order of this Court, entered on April 9, 2013, was recalled and vacated.

Discovery SanctionsStriking AnswerConditional Preclusion OrderSelf-Executing OrderMeritorious DefenseReasonable ExcuseWorkers' Compensation BoardPreclusive EffectAppellate ReviewRecall and Vacate Order
References
7
Case No. ADJ9194237
Regular
Jan 12, 2015

ANDREW CONDRACK vs. BANNING UNIFIED SCHOOL DISTRICT

In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a decision ordering authorization for back surgery. The defendant argued the utilization review was timely, but applicant's response indicated the surgery was subsequently authorized. Therefore, the Board is granting reconsideration to allow the defendant to withdraw their petition or show good cause why the original decision should not be affirmed.

Petition for ReconsiderationUtilization ReviewTimelinessAuthorizationRevision Back SurgeryWCJ DecisionAffirmationGood CauseDefective RequestResubmission
References
0
Case No. MISSING
Regular Panel Decision

Claim of Collins v. Carrier Corp.

The claimant appealed a Workers’ Compensation Board decision, filed February 25, 1977, which disallowed his claim for compensation, asserting he did not sustain an accidental injury. The claimant alleged a right hip injury on March 9, 1974, while lifting crankshafts but did not report it to his supervisor or his initial physician. He first linked the injury to a work accident to Dr. Sugarman on October 2, 1974. The employer controverted the claim, and an initial hearing in January 1975, where the claimant was unrepresented, found no accident arising out of employment. The case was reopened in July 1975 after the claimant retained an attorney. A referee awarded compensation in August 1976, but the Board reversed this on January 26, 1977, finding the injury was not accidental and the claim of work connection an afterthought. The court affirmed the Board's decision, noting that the claimant had a full opportunity to present his case with counsel and found no basis to order a rehearing.

Accidental InjuryCausationLate ReportingAttorney RepresentationReopening ClaimCredibility of EvidenceBoard ReversalJudicial ReviewHip InjuryCrankshaft Lifting
References
0
Case No. MISSING
Regular Panel Decision

Claim of D'Addio v. Peter Annis, Inc.

A widow filed a claim for workers' compensation death benefits after her husband, who had an established claim for asbestosis, died. A Workers' Compensation Law Judge (WCLJ) found a work-related death and ordered the employer's carrier to deposit funds into the aggregate trust fund (ATF) in July 2010. The carrier did not appeal this initial decision. After a subsequent WCLJ decision in December 2010 reiterated the ATF deposit, the carrier sought review, arguing the deposit was unwarranted. The Workers' Compensation Board denied the carrier's application as untimely. The appellate court affirmed the Board's decision, holding that the 30-day appeal period for the July 2010 decision had expired and the later WCLJ decision did not extend that timeframe. The court found no abuse of discretion by the Board.

Workers' CompensationUntimely ApplicationAggregate Trust FundDeath BenefitsAsbestosisOccupational DiseaseAppellate ReviewBoard DiscretionTimelinessAppeal Denial
References
5
Case No. MISSING
Regular Panel Decision

In re the Claim of Elkan-Moore

The case involves a claimant's appeal from a decision by the Unemployment Insurance Appeal Board, which ruled she was disqualified from receiving benefits due to voluntarily leaving her employment without good cause. The claimant, a museum director for five years, contended she resigned due to distress over allegations by a former Board of Trustees president and ongoing harassment from staff. However, the court found that issues with co-workers do not constitute good cause for leaving. An investigation had cleared the claimant of the allegations, and the Board was actively working to resolve the situation and retain her. The court ultimately affirmed the Board's decision, concluding that the claimant left her job due to general dissatisfaction with work conditions.

Unemployment InsuranceVoluntary QuittingGood CauseJob DissatisfactionWorkplace HarassmentBoard of TrusteesEmployer-Employee RelationsAppellate ReviewBenefit DisqualificationClaimant Appeal
References
5
Case No. MISSING
Regular Panel Decision

Claim of Velji v. Rural Farms Workers Opportunity

The employer and its carrier appealed a Workers’ Compensation Board decision from June 9, 1982, which denied their request for reimbursement of wages paid to a claimant during a disability period. The carrier had filed C-9 forms indicating lost time, full wages paid, and specifically requested reimbursement. The Board denied this, asserting that a C-9 form could not be used for a reimbursement claim, thereby adding an unauthorized limitation to Section 25 (subd 4, par [a]) of the Workers’ Compensation Law. The court found the Board’s rationale irrational, especially since the C-9 forms explicitly requested reimbursement. The court reversed the Board’s decision and remitted the matter for further proceedings.

Workers' Compensation LawReimbursement ClaimWage PaymentStatutory InterpretationC-9 FormAppellate ReviewBoard Decision ReversalEmployer RightsCarrier ReimbursementDisability Benefits
References
5
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