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

Case No. AHM 0096520, AHM 0109949 AHM 0095770, AHM 0095602
Regular
Aug 03, 2007

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and vacated the prior award due to procedural errors in calculating permanent disability, specifically the improper handling of overlap and apportionment. The Board remanded the case to the trial level for further proceedings, requiring the Workers' Compensation Judge to issue new rating instructions that properly address these issues. The prior award was amended to defer decisions on permanent disability, overlap, apportionment, and attorney fees.

Workers Compensation Appeals BoardDonald HortonLos Angeles County Fire DepartmentJoint Findings and AwardIndustrial InjuryFirefighterPermanent DisabilityApportionmentOverlapFormal Rating
References
6
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ2212207 (STK 0188509)
Regular
Dec 17, 2008

Burl Gene Condit vs. CITY OF MODESTO, Permissibly Self-Insured

In this case, the applicant sought reconsideration of a workers' compensation award that significantly reduced his permanent disability benefits due to apportionment based on prior injuries. The Workers' Compensation Appeals Board granted reconsideration, finding the trial judge erred by placing the burden on the applicant to prove lack of overlap. The Board clarified that under Labor Code section 4664, the defendant bears the burden of proving that prior permanent disability overlaps with the current disability. Consequently, the case was returned to the trial level for further proceedings on the issue of overlap.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentLabor Code Section 4664Prior AwardsOverlapBurden of ProofKopping v. Workers' Comp. Appeals Bd.
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. ADJ2940485 (AHM 0129125) ADJ2870513 (AHM 0129124)
Regular
Dec 08, 2008

Jon Ledesma vs. CITY OF ANAHEIM

This case concerns the apportionment of permanent disability for an applicant with two successive injuries to overlapping body parts that became permanent and stationary simultaneously. The Workers' Compensation Appeals Board granted reconsideration to defer issues of permanent disability, apportionment, and attorney's fees. The Board is awaiting the Court of Appeal's decision in *Benson v. Workers' Comp. Appeals Bd.*, which addresses similar apportionment issues, before further proceedings.

Workers Compensation Appeals BoardJon LedesmaCity of AnaheimJoint Findings Award and Orderindustrial injurypermanent disabilityseparate awardscombined awardsapportionmentBenson v. Permanente Medical Group
References
5
Case No. ADJ7882559
Regular
Dec 16, 2020

JOHN WADE vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board rescinded a previous award and remanded the case for further proceedings concerning the applicant's cumulative trauma injury. The primary issues involve how prior and subsequent disabilities should be combined for SIBTF benefits and whether SIBTF is entitled to a credit against the applicant's disability pension. The Board requires further development of the record to determine the extent of overlapping disabilities and the basis for the applicant's pension. The issue of permanent total disability is deferred pending these further proceedings.

Subsequent Injuries Benefits Trust FundLabor Code section 4751cumulative trauma injurytemporary disabilitypermanent disabilitycombined values chartBookout v. WCABcreditdisability pensionsection 4753
References
8
Case No. MISSING
Regular Panel Decision
Nov 28, 2001

Peter v. Nisseli Realty Co.

The defendant, ANI Entertainment, Inc., appealed an order from the Supreme Court, Kings County, which had granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1). The plaintiff, Cyril Peter, sustained injuries when a ladder he was standing on during renovation work slid from beneath him, causing a fall. The plaintiffs successfully established a prima facie case for liability. ANI Entertainment, Inc. failed to present sufficient evidence to create a triable issue of fact concerning the injured plaintiff's conduct as a recalcitrant worker or the sole proximate cause of his injuries. Consequently, the Supreme Court's decision to grant the plaintiffs' motion for summary judgment was affirmed on appeal.

Personal InjuryLabor LawSummary JudgmentLadder AccidentRenovation WorkConstruction AccidentAppellate DecisionLiabilityRecalcitrant WorkerProximate Cause
References
7
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