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

Case No. ADJ8055062
Regular
May 28, 2013

JAIME CASTANEDA vs. KING DAHL EVENT DESIGN, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant seeking reconsideration of a prior award that found a $15\%$ permanent disability and no industrial injury to the psyche. The applicant argues the administrative law judge (WCJ) erred by not including a neurologist's impairment rating for a sleep disorder and by not relying on the primary treating physician's orthopedic assessment. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for the WCJ to incorporate the neurologist's sleep disorder impairment rating, finding it uncontradicted. However, one commissioner dissented, arguing the sleep disorder was secondary to pain already included in the orthopedic rating and any psychiatric component was noncompensable.

WCABReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityOrthopedistNeurologistSleep DisorderAMA GuidesImpairment Rating
References
1
Case No. MISSING
Regular Panel Decision

Eldoh v. Astoria Generating Co.

This legal excerpt addresses the standards for establishing contractual indemnification, particularly under Workers' Compensation Law § 11. It emphasizes that a duty to indemnify must be clearly implied from the entire agreement and surrounding circumstances, and such contracts require strict construction. The case involves a motion for summary judgment by Amertech Industries, Inc., a third-party defendant, against AAR Engine Component Services, Inc., a defendant. Amertech argued against the existence of an indemnification clause in their purchase orders, while AAR Engine contended such clauses were present on the reverse side. The court ultimately found that a triable issue of fact exists regarding the indemnification agreement, thereby denying the motion for summary judgment.

Contractual IndemnificationSummary Judgment MotionWorkers' Compensation LawIndemnification AgreementIssue of FactStrict Construction of ContractMeeting of MindsPurchase OrdersAppellate DivisionNew York Law
References
3
Case No. MISSING
Regular Panel Decision

Fernandez v. North Shore Orthopedic Surgery & Sports Medicine, P.C.

Frank Fernandez, an x-ray technician, sued his former employer, North Shore Orthopedic Surgery & Sports Medicine, P.C., for retaliation under Title VII after filing a national origin discrimination complaint. A jury found in favor of Fernandez, awarding back pay, front pay, and punitive damages. North Shore subsequently moved for judgment as a matter of law, a new trial, and to modify the damage awards. The court denied North Shore's motions for judgment and a new trial, affirmed the jury's back pay award, but vacated and reduced the front pay award from $160,000 to $50,000, and the punitive damages award from $100,000 to $50,000.

RetaliationTitle VIIEmployment DiscriminationBack PayFront PayPunitive DamagesMitigation of DamagesFederal Rules of Civil ProcedureJudicial DiscretionEquitable Relief
References
27
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. ADJ1943091
Regular
May 06, 2013

STEVE FAIRLEY vs. MARTIN BROS.

This case involves a carpenter's claim for industrial injury, including a psychiatric component. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration of the original findings. However, the WCAB granted the defendant's petition, amending the award to defer the issue of whether psychological treatment is included in the permanent medical treatment. The matter is remanded for further development of the record regarding the necessity of psychiatric care for the industrial orthopedic injury.

CIGAReliance Insurance CompanyliquidationSedgwick Claims ManagementADJ1943091Findings and Awardorthopedic injurypsychiatric injuryLabor Code section 3208.3(d)sudden and extraordinary employment condition
References
0
Case No. OXN 126995
Regular
Nov 07, 2007

CHARLES DURHAM vs. MISSION LINEN SUPPLY, SECURITY INSURANCE COMPANY OF HARTFORD, FIDELITY AND CASUALTY COMPANY OF CONNECTICUT, ACCELERATED CLAIMS SERVICES, INC

This case involves a workers' compensation claim where the applicant sustained a low back injury. The core dispute centers on whether cognitive behavioral therapy is a compensable medical treatment for the applicant's chronic pain resulting from a failed surgery, despite the defendant's arguments about a non-industrial psychiatric component. The Workers' Compensation Appeals Board denied reconsideration, adopting the Administrative Law Judge's report that emphasized the treating physician and Qualified Medical Examiner recommendations supporting the therapy as essential to relieve the effects of the orthopedic injury.

Cognitive behavioral therapyFailed back surgeryPain managementQualified Medical ExaminerUtilization ReviewLabor Code § 3208.3Labor Code § 4600Labor Code § 4610Labor Code § 4062Compensable psychiatric injury
References
5
Case No. ADJ10917207
Regular
Aug 13, 2019

CARMEN ROJO vs. K & M MEAT COMPANY, STARR INDEMNITY & LIABILITY COMPANY

This case involves a dispute over the necessity of an additional Qualified Medical Evaluator (QME) panel in orthopedic surgery. The Applicant sought reconsideration of an administrative law judge's (ALJ) order for a new orthopedic QME panel, arguing it was an abuse of discretion and prejudicial. The Appeals Board granted reconsideration, finding the original QME's referral for an orthopedic evaluation was for treatment, not a recommendation for a new medical-legal evaluation. Consequently, the Board amended the ALJ's findings, holding there was no good cause for an additional orthopedic QME panel and denying the defendant's request.

QME panelorthopedic surgeryreconsiderationremovalFindings & Orderchiropractic QMEmedical-legal evaluationgood causesupplemental pleadingmedical dispute
References
9
Case No. ADJ7264915
Regular
Jul 15, 2013

ANA GONZALES vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

This case involves an applicant who sustained industrial psychiatric injury but whose orthopedic claims were denied due to insufficient medical evidence. The Appeals Board denied the applicant's petition for reconsideration, finding the applicant failed to present substantial medical evidence of industrial causation for her orthopedic complaints. A dissenting commissioner argued that the primary medical evaluator's report was deficient and lacked substantial evidence, warranting further development of the record on orthopedic injuries and other claims. The dissent emphasizes the Board's duty to ensure substantial justice, suggesting it should have ordered further investigation on the denied orthopedic issues.

WCABPetition for ReconsiderationFindings and Orderindustrial injurypsychelow backneckright shoulderright wristright elbow
References
11
Case No. ADJ7558173
Regular
Oct 28, 2014

JESSIE MOORE vs. PASADENA AREA COMMUNITY COLLEGE DISTRICT

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and found the applicant was not temporarily totally disabled after her retirement. The Board determined that while the applicant stated her retirement was reluctant, the primary reasons cited were hostile work environment and emotional stress, not solely orthopedic injuries. Medical evidence did not substantially support the claim that the admitted orthopedic injuries alone rendered her temporarily totally disabled. Consequently, temporary disability benefits were not awarded for the orthopedic injuries.

Workers' Compensation Appeals BoardJessie MoorePasadena Area Community College DistrictKeenan & Associatesstatute of limitationstemporary disabilitycumulative traumacervical spinelumbar spineleft wrist
References
7
Case No. ADJ2434971 (OAK 0238163)
Regular
Dec 02, 2010

ANA RODRIGUEZ vs. SHERATON PALACE HOTEL, TOKIO MARINE

The Workers' Compensation Appeals Board denied reconsideration of a finding that the applicant, Ana Rodriguez, did not sustain new and further permanent disability subsequent to a 1997 stipulated award. The judge found her testimony regarding increased orthopedic and psychiatric symptoms to be not credible. Medical evidence from Dr. Edington indicated no orthopedic increase in disability since the award, and the psychiatric disability became permanent and stationary concurrently with the orthopedic condition. Therefore, the judge concluded there was no "new and further" disability as defined by Labor Code Section 5410.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedCredibility FindingGarza v. Workers' Comp. Appeals Bd.Stipulated AwardPetition to ReopenNew and Further DisabilityOrthopedic DisabilityPsychiatric Disability
References
2
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