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

Case No. ADJ7534500; ADJ7534814
Regular
Jul 19, 2012

ESTELA GRANADIO vs. ALPHA PHI INTERNATIONAL FRATERNITY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Applicant Estela Granadino did not sustain injury arising out of and occurring in the course of employment. The Board adopted the Administrative Law Judge's report, which concluded the Labor Code §5402(b) presumption of compensability did not apply because the claim forms were not properly filed with the employer. Furthermore, the Judge found Applicant's medical evidence insufficient and her testimony not credible, thus failing to meet her burden of proof. The denial of reconsideration also upheld the specific injury claim's bar by the post-termination defense.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workers' Comp. Appeals Bd.Joint Findings and AwardAOE/COELabor Code §5402(b)Northstar at Tahoe v. Workers' Comp. Appeals Bd.Honeywell v. Workers' Comp. Appeals Bd. (Wagner)State Compensation Insurance Fund v. Workers' Comp. Appeals Bd. (Welcher)
References
5
Case No. MISSING
Regular Panel Decision

Hamilton v. City College of the City University of New York

Plaintiff Keith Hamilton, a student with dyslexia, sued City College of New York, Professor Phi-Sheng Ding, Professor J. Bar-shay, and Professor Alberto Guzman for alleged violations of the ADA, Rehabilitation Act, and the Fourteenth Amendment, along with a state contract claim. Hamilton asserted that defendants failed to provide reasonable academic accommodations, specifically denying calculator use on a final exam despite his disability. Defendants moved for summary judgment, arguing Eleventh Amendment immunity for the federal claims and lack of discriminatory animus. The court granted summary judgment to defendants on all federal claims, finding no evidence of discriminatory animus or ill will required to overcome Eleventh Amendment immunity, and dismissed the state contract claim without prejudice, declining supplemental jurisdiction.

Americans with Disabilities ActRehabilitation ActEleventh Amendment ImmunitySummary JudgmentAcademic AccommodationsDyslexiaHigher EducationDue ProcessEqual ProtectionState Contract Law
References
18
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