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

Case No. ADJ4157066
Regular
Aug 13, 2023

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed SCIF's petition for removal because the June 6, 2013 order was not a final order. A prior order dated April 25, 2013, dismissing lien claims, was labeled "proposed" and remained ambiguous. The WCJ's subsequent rescission of that order was permissible as it was merely a notice of a future final order. As SCIF was not aggrieved by the rescission of a non-final order, their petition was dismissed.

Petition for RemovalOrder RescindingProposed FindingsLien ClaimsLien Activation FeeLabor Code Section 4903.06WCJ JurisdictionFinal OrderAggrieved PartyWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision
Nov 12, 1982

Naples v. Daubert Chemical Co.

This case involves multiple motions for a change of venue. An order entered June 23, 1981, denying defendant’s motion for a change of venue to Richmond County, was affirmed. An appeal from an order entered April 28, 1982, which denied a motion to change venue to Orange County, was dismissed as superseded. Finally, an order entered November 12, 1982, denying defendant’s motion for renewal of the April 28, 1982 order, was reversed. Upon renewal, the motion to change venue to Orange County was granted, as there was no nexus between New York County and the cause of action, and the accident occurred in Orange County where the plaintiff resided.

Change of VenueDiscretionary RulingSitus of ActionPlaintiff's ResidenceAttorney ConvenienceAppellate ReviewMotion for RenewalSupreme CourtNew York CountyOrange County
References
2
Case No. MISSING
Regular Panel Decision
Apr 20, 2004

In re Whitney H.

In three child protective proceedings, the mother appealed disposition orders from the Family Court, Queens County. The court had found she neglected her children, placing Whitney H. and Brittany J. with the Administration for Children's Services and Royesha B. with her biological father. The appeals concerning Whitney H. and Brittany J.'s placement were dismissed as academic because the placement period had expired. However, the orders of disposition regarding Whitney H. and Brittany J. were affirmed insofar as reviewed, and the order for Royesha B. was fully affirmed. The court found that the petitioner established prima facie evidence of neglect due to the mother's alcohol abuse, citing an incident where she struck Brittany J. and locked Whitney H. outside.

Child NeglectAlcohol AbuseFamily Court Act Article 10Custody PlacementPrima Facie EvidenceNegative InferenceAppellate ReviewExpired PlacementFact-Finding OrderDisposition Order
References
5
Case No. ADJ2606119, ADJ2369501
Regular
Jul 15, 2025

BRUCE SENATOR vs. HA-PENNY INN, HPI MANAGEMENT, ZENITH INSURANCE COMPANY

The applicant sought reconsideration of a 2017 order dismissing his workers' compensation cases, which he claimed was not properly served. The Appeals Board treated the applicant's receipt of the order on April 17, 2024, as the effective service date. The applicant's petition for reconsideration was filed on May 7, 2025, which was significantly beyond the statutory 25-day deadline. Therefore, the Appeals Board dismissed the petition as untimely, lacking jurisdiction to consider it.

WCABPetition for ReconsiderationDismissal OrderDeclaration of Readiness to ProceedWCJService of ProcessUntimely PetitionJurisdictional Time LimitLabor Code Section 5909Labor Code Section 5903
References
5
Case No. MISSING
Regular Panel Decision
Apr 02, 2002

Mayancela v. Almat Realty Development, LLC

This case concerns an appeal of an order from the Supreme Court, New York County, dated April 2, 2002. The order had granted the defendant's motion for summary judgment to dismiss the plaintiff's Labor Law § 240 (1) claim and denied the plaintiff's cross-motion for summary judgment on the same claim. The appellate court unanimously affirmed the lower court's decision. The dismissal was based on the "recalcitrant worker" defense, as the plaintiff admitted misusing an A-frame ladder despite explicit instructions. The court also rejected the plaintiff's attempt to contradict his prior deposition testimony with a post-deposition affidavit.

Recalcitrant Worker DefenseSummary JudgmentLabor LawLadder AccidentDeposition TestimonySelf-Serving AffidavitAppellate ReviewNew York LawPersonal Injury
References
2
Case No. ADJ13441476
Regular
Aug 05, 2025

Ariga Davodyan vs. Printograph, Inc., National Union Fire Insurance Company

Lien claimant Physical Rehabilitation Services, Inc., Arbi Mirzaians D.C. sought reconsideration of a WCJ's April 25, 2025 Findings and Order, which found the applicant's cumulative trauma injury claim barred by the post-termination defense. The lien claimant contended the WCJ failed to determine the Labor Code section 5412 date of injury, arguing it occurred after termination, thereby exempting the claim. The Appeals Board granted reconsideration, finding the record insufficient to properly adjudicate the post-termination defense and its exceptions. Consequently, the original Findings and Order were rescinded, and the case was returned to the trial level for further proceedings to ensure a complete record.

Post-termination defenseLabor Code Section 3600(a)(10)Labor Code Section 5412Cumulative traumaDate of injuryCompensable disabilityMedical-legal examinationLien claimantPetition for reconsiderationWorkers' Compensation Appeals Board
References
23
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ7490731
Regular
Aug 07, 2013

JORGE PEREZ vs. SAN GABRIEL INSULATION, CHARTIS

This case concerns lien claimants whose liens were dismissed with prejudice for failing to appear at a lien conference and not objecting within the prescribed ten days. The lien claimants sought reconsideration, arguing a clerical error caused their non-appearance and that service of the dismissal order was defective as delegated to the defendant. However, the Appeals Board dismissed the petition because it was untimely filed, exceeding the 25-day statutory limit for reconsideration after service of the April 25, 2013 order. The Board found the order was properly considered a notice of intention, allowing delegation of service, and the lien claimants were properly charged with receipt of the dismissal.

Lien claimantsReconsiderationDismissalClerical errorService delegationWCAB Rule 10349Notice of intentionWCAB Rule 10500(a)Timely objectionCompromise and Release Agreement
References
0
Case No. MISSING
Regular Panel Decision

McLeod v. Local 25, International Brotherhood of Electrical Workers

The Regional Director of the National Labor Relations Board sought a temporary restraining order against Local 25, a labor union, alleging unfair labor practices against Sarrow-Suburban Electric Co., Inc. and Brunswick Hospital Center, Inc. The charges, filed on September 14, 1964, claimed Local 25 violated Section 8(b)(4)(i)(ii)(D) of the National Labor Relations Act by attempting to force employers to assign work to its members. A preliminary investigation by the Board found reasonable cause to believe the charges were true, supporting the request for injunctive relief under Section 10(J) of the Act. Evidence showed Local 25 demanded Brunswick Hospital break its contract with Sarrow and assign work to its members, subsequently initiating a work stoppage through picketing. The Court found reasonable cause for the Director's belief and granted the temporary restraining order.

unfair labor practicetemporary restraining orderlabor disputeNational Labor Relations Actpicketingwork stoppagelabor unioninjunctionDistrict Courtcollective bargaining
References
2
Case No. ADJ10030614
Regular
Jun 30, 2016

ARNULFO TORRES vs. STARR STAFFING, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order. Defendants sought to correct a stipulated date of injury, April 15, 2015, which was after the applicant's last day of employment on January 26, 2015. The applicant later filed an amended application, changing the claim to a cumulative injury ending on January 26, 2015, potentially rendering the specific date of injury irrelevant. The Board amended the original order to defer the determination of the specific date of injury, affirming all other findings.

StipulationDate of InjuryPetition for ReconsiderationFindings and OrderWCJDeferred IssueCumulative InjurySpecific InjuryApplication for AdjudicationLast Date of Employment
References
0
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