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

Case No. ADJ8061000
Regular
Jan 23, 2014

KENNETH KENNARD vs. HOUSTON OILERS, TIG SPECIALTY INSURANCE, ZENITH INSURANCE COMPANY

In *Kennard v. Houston Oilers*, the Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration. This dismissal was due to the petitioner's withdrawal of the reconsideration request. The original decision, which the reconsideration sought to challenge, was issued on November 13, 2013. The Board's order formally recorded this dismissal.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ8061000Santa Ana District OfficeNovember 13 2013Houston OilersTIG Specialty InsuranceZenith Insurance Company
References
0
Case No. MISSING
Regular Panel Decision

Morrison v. Hoberman

Petitioners and intervenors-petitioners appealed a judgment dismissing their petitions for reclassification from the title of Oiler to Oiler (Portable). The Civil Service Commission had amended the Oiler classification in 1964, creating Oiler (Portable) with a higher wage rate. Petitioners, employed by the City of New York, sought similar reclassification after Oilers in the Department of Sanitation were reclassified, but their demand was refused. After a trial court found a rational basis for the refusal, this court reversed that decision. The court found no rational basis for the distinction, determining that the duties, qualifications, and tools used by all Oilers were essentially the same, and the wage differential was based on private industry distinctions not applicable to city employment. The judgment appealed from was reversed, vacated, and the petitioners were granted the relief demanded.

ReclassificationOilerOiler (Portable)Oiler (Stationary)Civil ServiceWage DifferentialEmployment DutiesRational BasisAppellate ReviewJob Classification
References
2
Case No. 147-119
Regular Panel Decision
Jun 20, 1959

Baltimore & Ohio Railroad v. United Railroad Workers Division of Transport Workers Union of America

Plaintiff railroads sought a preliminary injunction to prevent a strike by unions after unilaterally abolishing positions for diesel tug oilers without prior notice. Defendant unions cross-moved, requesting the court to order the restoration of the fired oilers, arguing the dispute was a 'major dispute' under the Railway Labor Act. District Judge FREDERICK van PELT BRYAN ruled that the determination of whether the dispute was 'major' or 'minor' rested with the appropriate Railway Labor Act agencies. The court granted the unions' cross-motion, directing the railroads to restore the oilers to maintain the status quo ante, thereby also granting the railroads' injunction against the strike conditional on this restoration. A separate request for injunction against other unions in a related action (147-164) was denied due to insufficient evidence of their involvement in encouraging the work stoppage.

Railway Labor ActLabor DisputePreliminary InjunctionStrikeWork StoppageStatus Quo AnteDiesel Tug OilersCollective Bargaining AgreementsNational Mediation BoardRailway Adjustment Board
References
10
Case No. MISSING
Regular Panel Decision

Hughes v. Doherty

The New York Court of Appeals addressed whether the New York City Department of Sanitation (DOS), through the Department of Citywide Administrative Services (DCAS), acted rationally by not classifying "oiler" as a direct line of promotion for "crane operator" and "tractor operator." Laid-off crane and tractor operators sought to replace provisional oilers, arguing the positions were comparable or in a direct line of promotion. The Supreme Court and Appellate Division sided with the petitioners. However, the Court of Appeals reversed, finding that DCAS acted rationally and within its authority based on job descriptions, skill requirements, and the public policy of competitive application, thus dismissing the petition.

Public employmentCivil Service LawJob classificationPromotional lineLayoffsAdministrative agency discretionJudicial reviewRational basisNew York CityDepartment of Sanitation
References
4
Case No. ADJ8633880, ADJ10779885, ADJ11568830
Regular
Nov 20, 2019

STEVE BRYANT vs. INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, FAIRMONT PREMIER/TIG INSURANCE COMPANY

The Appeals Board granted applicant's petition for removal, overturning the WCJ's order to bifurcate and try only jurisdictional issues in one case. The Board found this piecemeal trial would cause substantial prejudice and irreparable harm to the applicant by forcing multiple appearances and prolonged litigation. The Board ordered consolidation of all remaining disputed issues in both cases for a single trial, allowing for potential additional discovery. This decision clarifies that the Indianapolis Colts and Travelers remain parties defendant in ADJ8633880, and all issues between them and the applicant must be resolved together.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceJurisdictionPersonal JurisdictionSubject Matter JurisdictionLabor Code Section 3600.5Professional AthleteCumulative TraumaCompromise and Release
References
4
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
Case No. MISSING
Regular Panel Decision
Sep 12, 2001

Claim of Oberson v. Bureau of Ferry Aviation & Transportation

The claimant was terminated from his employment as a marine oiler after a physical altercation with his supervisor in January 1993. He sought workers' compensation benefits, claiming a compensable psychological injury from the altercation. A Workers’ Compensation Law Judge disallowed the claim due to the claimant's failure to timely notify the employer of his injury. The Workers’ Compensation Board affirmed this decision, which was subsequently affirmed on appeal. Although the employer had actual knowledge of the altercation and termination, there was no indication they had actual knowledge of a psychological injury stemming from the altercation until 1999, approximately six years later. The Board's determination that the employer did not have timely notice and was prejudiced by the delay was supported by substantial evidence.

Workers' Compensation NoticePsychological Injury ClaimTimeliness of NoticeEmployer PrejudiceActual KnowledgeWorkplace AltercationEmployment TerminationWorkers' Compensation Board AffirmationAppellate ReviewStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Dec 06, 2001

Orr v. City of New York

The plaintiff, employed as a marine oiler by the City of New York, sustained personal injuries after slipping on oil on a barge. He initiated an action under the Jones Act, seeking damages, but the City contested his status as a 'seaman,' arguing the barge was not a 'vessel in navigation.' Initially, the Supreme Court denied the City's summary judgment motion due to judicial estoppel. However, the appellate court reversed this decision, concluding that the barge functioned primarily as a work platform, was moored, and any transportation role was merely incidental, thereby precluding the plaintiff from seaman status under the Jones Act. Additionally, the appellate court found the doctrine of judicial estoppel to have been improperly applied in this context.

Personal InjuryJones ActSeaman StatusVessel in NavigationJudicial EstoppelSummary JudgmentAppellate ReviewMaritime LawWorkers' CompensationBarge
References
10
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