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

Case No. MISSING
Regular Panel Decision
Feb 25, 2013

Prewitt v. Continental Automotive

The case concerns Plaintiff Larry W. Prewitt, Sr.'s employment discrimination and retaliation lawsuit against Defendant Continental Automotive. The court granted Defendant's motion for partial dismissal, ruling that claims stemming from Plaintiff's first two EEOC charges were time-barred. Plaintiff's claims for racial discrimination were dismissed without prejudice due to a lack of sufficient factual allegations. However, the court found Plaintiff's retaliation claims, related to filing EEOC charges, were adequately pleaded and allowed them to proceed. Defendant's motion for a more definite statement was denied as moot.

Employment DiscriminationRetaliation ClaimMotion to DismissMotion for More Definite StatementEEOC ChargesTime-Barred ClaimsPleading StandardsFederal Civil ProcedureTitle VIIAmericans with Disabilities Act
References
74
Case No. ADJ10975151
Regular
Jan 06, 2020

RUSSELL CAMARA vs. TESLA, INC., AMERICAN ZURICH INSURANCE COMPANY

In this workers' compensation case, the Applicant sustained an admitted industrial injury to the lumbar spine. The Applicant's primary treating physician (PTP) designated a secondary physician to evaluate permanent and stationary status and impairment, whose report the PTP adopted. The defense challenged the validity of this secondary physician's report, arguing only the Panel Qualified Medical Examiner's (PQME) report was properly obtained. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, affirming that the PTP, or a physician designated by the PTP, is authorized to render opinions on medical issues, provided proper notice and procedural requirements are met. The Board found the designation and subsequent report were compliant with Labor Code and Administrative Director Regulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationPrimary Treating PhysicianQualified Medical ExaminerLabor Code Section 4061.5Permanent and Stationary ReportMedical-Legal EvaluationSecondary PhysicianAdministrative Director Rule 9785Designation of Physician
References
0
Case No. MISSING
Regular Panel Decision

Texas Farm Bureau v. Lyng

This action for declaratory judgment and injunctive relief was brought by Texas hay producers and their representative organization against the Secretary of Agriculture and the USDA. The plaintiffs challenged definitional regulations issued under the Immigration Reform and Control Act of 1986 (IRCA), specifically regarding the Special Agricultural Workers (SAW) program. They argued that the exclusion of hay from the definitions of "vegetables" and "other perishable commodities" was arbitrary and capricious, thereby improperly denying them SAW program benefits. The Court, applying the Chevron deference standard, found that Congress had delegated broad authority to the Secretary for these definitions. It concluded that the Secretary's definitions, which excluded hay based on its lack of "human edibility" and "critical and unpredictable labor demands" due to mechanization, were reasonable and consistent with legislative intent. Consequently, the Court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion for summary judgment.

Immigration Reform and Control ActSpecial Agricultural WorkersSeasonal Agricultural ServicesRegulatory ChallengeAdministrative LawSummary JudgmentDepartment of AgricultureStatutory InterpretationChevron DeferenceHay Producers
References
9
Case No. ADJ2270309 (VNO 0113668) ADJ4503834 (VNO 0113665) ADJ3103605 (VNO 0113666) ADJ2309113 (VNO 0113667)
Regular
Aug 17, 2009

MARIA GARCIA vs. CITY OF LOS ANGELES

This case involves a dispute over whether Dr. Nagelberg is the applicant's primary treating physician (PTP). The Appeals Board granted reconsideration, reversing the trial judge's finding that Dr. Nagelberg was not the PTP. The Board found substantial evidence that Dr. Nagelberg is indeed the PTP, and that the trial judge erred in relying on an unadmitted nurse case manager's report. The matter is returned to the trial level for further proceedings to determine the applicant's entitlement to medical treatment.

Workers' Compensation Appeals BoardMaria GarciaCity of Los AngelesPetition for RemovalPetition for DisqualificationPetition for ReconsiderationFindings and OrderWorkers' Compensation Judge (WCJ)Primary Treating Physician (PTP)Qualified Medical Evaluator (QME)
References
2
Case No. ADJ6439173
Regular
Jan 19, 2017

JULIETA CEBALLOS vs. SUNVIEW VINEYARDS of CALIFORNIA, WAUSAU INSURANCE COMPANIES

The Workers' Compensation Appeals Board (WCAB) rescinded the original award, finding the primary treating physician's (PTP) report insufficient to establish injury to all claimed body parts. The WCAB also raised concerns about the admissibility of a supplemental PTP report obtained after the Mandatory Settlement Conference without a showing of due diligence. The case is returned to the trial level for further proceedings to adequately address the admitted body parts and develop the record. A dissenting opinion argued the PTP's reports constituted substantial evidence and no further development was needed.

WCABReconsiderationPrimary Treating PhysicianQualified Medical Evaluatorsubstantial evidencePetition for ReconsiderationFindings Orders and AwardMandatory Settlement ConferenceLabor Code Section 5502due diligence
References
16
Case No. ADJ19947925
Regular
May 19, 2025

Andres De Jesus Garcia vs. Slater's 50/50, Security National Insurance Company

Applicant, Andres De Jesus Garcia, sought reconsideration of a March 12, 2025 Findings and Award (F&A) which denied his request for a new primary treating physician (PTP) or a second opinion. The workers' compensation administrative law judge (WCJ) had found that the applicant reached maximum medical improvement (MMI) based on reports from his PTP and a panel qualified medical evaluator (PQME). Applicant contended he is entitled to a change of PTP or a second opinion within the medical provider network (MPN) under various Labor Code sections and WCAB Rules. The Appeals Board granted the Petition for Reconsideration, deferring a final decision after reconsideration to allow for further review of the factual and legal issues.

Petition for ReconsiderationMedical Provider Network (MPN)Primary Treating Physician (PTP)Maximum Medical Improvement (MMI)Qualified Medical Evaluator (PQME)Labor Code sections 4616.3 and 4616.4WCAB Rules 9767.6(e) and 9767.7Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Labor Code section 5909Electronic Adjudication Management System (EAMS)
References
12
Case No. MISSING
Regular Panel Decision

Klepner v. Codata Corp.

This case addresses whether an attorney employed as 'general counsel' and 'assistant to the president' of a corporation is entitled to protections under Article 6 of the Labor Law, specifically regarding attorney's fees and liquidated damages for unpaid wages. Defendants, Codata Corporation and Dorfman, moved to dismiss the plaintiff's claims, arguing that the plaintiff, as an executive or white-collar worker, did not fall under the definition of 'employee' as per Labor Law § 198 (1-a) or the more restrictive Labor Law § 2 (5). The plaintiff contended that the broader definition in Labor Law § 190 (2) within Article 6 should apply. The court ruled that the definitions within Article 6 govern that article and that the plaintiff's duties did not preclude coverage. Consequently, the defendants' motion to dismiss was denied, allowing the plaintiff's claims to proceed.

wage claimattorneyLabor Lawemployee definitionwhite collar workerexecutiveliquidated damagesattorney's feesmotion to dismissstatutory interpretation
References
3
Case No. 14-02-00643-CV
Regular Panel Decision
Nov 06, 2003

Texas Workers' Compensation Insurance Fund v. Kathy Zellars Bridwell, Justin P. Zellars, and William Joshua Zellars

This workers' compensation case involves an appeal by the Texas Workers' Compensation Insurance Fund against Kathy Zellars Bridwell, Justin P. Zellars, and William Joshua Zellars. The Fund argued that the trial court erred in its jury instruction regarding the definition of 'course and scope of employment' under the Texas Labor Code. The deceased, William Zellars, died of carbon monoxide poisoning in a trailer attached to his truck after experiencing truck problems on his way home from a work site. His family filed a claim for death benefits, which was initially denied. The appellate court reversed the trial court's judgment, finding that the trial court's incomplete definition of 'course and scope of employment' likely caused an improper judgment, as it omitted crucial exclusions from the statutory definition. The case was remanded for a new trial.

Workers' CompensationJury InstructionCourse and Scope of EmploymentTexas Labor CodeStatutory InterpretationCarbon Monoxide PoisoningFatal InjuryAppellate ReviewTrial Court ErrorRemand
References
6
Case No. MISSING
Regular Panel Decision

Dutton v. Southern Pacific Transportation

This case addresses the appropriate definition of "proximate cause" in a personal injury lawsuit brought under the Federal Employers' Liability Act (F.E.L.A.) and the Safety Appliance Act. The plaintiff, a brakeman, suffered a knee injury after alighting from a boxcar with a defective air brake system. The trial court's jury instructions included both the common law and a modified F.E.L.A. definition of proximate cause, leading the jury to find no causal link between the defective brake and the injury. The Supreme Court of Texas ruled that the common law definition imposed an overly burdensome standard on the plaintiff, inconsistent with federal law's less stringent "in whole or in part" causation test for F.E.L.A. cases. Consequently, the court reversed the lower judgments and remanded the case, emphasizing that only the federal standard should be presented to the jury.

Federal Employers' Liability ActSafety Appliance ActProximate CauseJury InstructionsPersonal InjuryRailroad NegligenceDefective EquipmentCausation StandardReversible ErrorTexas Supreme Court
References
26
Case No. MISSING
Regular Panel Decision
Jun 16, 1994

Cruz v. Latin News Impacto Newspaper

The case involves an appeal of an order from the Supreme Court, Bronx County, concerning causes of action for libel and Civil Rights Law violations. The defendant, Latin News Impacto, a Spanish-language newspaper, published an article with the plaintiff's picture, describing her as having AIDS. At the time of publication, the plaintiff was HIV-positive and seriously ill with AIDS-related conditions, but did not formally meet the then-current Centers for Disease Control (CDC) definition of AIDS, although a new definition, effective weeks later, would have included her. The IAS Court initially denied the defendant's motion for summary judgment, finding triable issues of fact and that the article was of private concern. The Appellate Division unanimously reversed this decision, granting summary judgment for the defendant, ruling that even if the statement about AIDS was not literally true at publication, the defendant did not act with gross irresponsibility given the plaintiff's undisputed AIDS-related illnesses and the imminent CDC definition change. Furthermore, the court found no unauthorized advertising use of the photo under Civil Rights Law §§ 50 and 51, as the article was on a matter of public interest and not an advertisement in disguise. A separate trespass cause of action was not appealed and remains viable.

LibelDefamationCivil Rights LawFreedom of the PressSummary JudgmentAIDS/HIV Status DisclosurePublic Concern DoctrineGross Irresponsibility StandardFalse LightUnauthorized Use of Likeness
References
11
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