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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Rivera v. Harvest Bakery Inc.

This case involves allegations by plaintiffs Maximino Rivera, Miguel Roldan, and Oscar Quintanilla against Harvest Bakery, Inc., Robert Marconti, and Jose Gonzalez. The plaintiffs claim the defendants failed to pay overtime and spread of hours wages in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The core of the dispute revolves around whether the defendants had a common policy of not paying these wages to their production workers. The Court addresses the defendants' arguments regarding the prematurity and mootness of the plaintiffs' motion for class certification, ultimately rejecting them. The Court then proceeds to grant the plaintiffs' motion, certifying a class of current and former non-exempt hourly employees who worked for Harvest Bakery in New York, and appoints class counsel, finding that the requirements of Rule 23(a) and (b)(3) (numerosity, commonality, typicality, adequacy of representation, predominance, and superiority) have been met.

Wage and Hour LawOvertime PaySpread of Hours WagesClass Action CertificationRule 23(b)(3)FLSA ViolationNYLL ViolationCommonalityTypicalityNumerosity
References
55
Case No. ADJ940068
Regular
Jun 22, 2010

JUAN GUZMAN vs. PEAK HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding that applicant Juan Guzman did not sustain an industrial injury. Guzman claimed he contracted Valley Fever due to his agricultural employment in 2002. The Board adopted the Workers' Compensation Judge's report, which found defendant's medical expert's opinion more credible. This expert concluded that the incubation period of Valley Fever, and the applicant's symptom onset in 2006, made an industrial exposure in 2002 unlikely. The Board found applicant failed to prove a connection between his condition and his employment, and did not demonstrate a dormant infection originating from his work.

CoccidioidomycosisValley FeverPetition for ReconsiderationIndustrial InjuryMedical EvidenceIncubation PeriodDormant InfectionPro PerStipulations and IssuesFindings and Order
References
4
Case No. ADJ6650757
Regular
Nov 05, 2010

SANTOS BUENO vs. GOLDEN TREE HARVEST ENTERPRISES, ZENITH INSURANCE COMPANY

This case involves an applicant, Santos Bueno, versus Golden Tree Harvest Enterprises and Zenith Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the administrative law judge and found no basis to overturn the initial ruling. Therefore, the petitions for reconsideration have been officially denied.

WORKERS' COMPENSATION APPEALS BOARDSANTOS BUENOGOLDEN TREE HARVEST ENTERPRISESZENITH INSURANCE COMPANYADJ6650757San Fernando District OfficeORDER DENYING RECONSIDERATIONPetitions for Reconsiderationworkers' compensation administrative law judgedenial of reconsideration
References
0
Case No. FRE 0159318
Regular
Nov 05, 2007

ROGELIO RODRIGUEZ vs. AMERICAN GRAPE HARVESTERS, STATE COMPENSATION INSURANCE FUND

This case involves Rogelio Rodriguez seeking workers' compensation for injuries to his right arm and psyche. The defendant, American Grape Harvesters and State Compensation Insurance Fund, petitioned for reconsideration of a 100% permanent disability award, arguing insufficient evidence and failure to consider pre-existing factors. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found the evidence supported the 100% award and that pre-existing factors were properly addressed.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityVocational RehabilitationOrthopedic InjuryPsychiatric DisabilityAgreed Medical ExaminerQualified Medical EvaluatorApportionmentNon-Industrial Factors
References
7
Case No. ADJ6722603
Regular
Jun 16, 2010

TONY PEAK vs. REC SOLAR, PRAETORIAN INSURANCE COMPANY c/o AARLA

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration in the case of Tony Peak v. REC Solar and Praetorian Insurance Company. The WCAB adopted and incorporated the reasons provided in the Workers' Compensation Administrative Law Judge's (WCJ) report. This order formally denies the reconsideration of the prior decision.

Workers' Compensation Appeals BoardReconsideration deniedWCJ reportAdministrative law judgeADJ6722603ADJ6722349REC SolarPraetorian Insurance CompanyAARLATony Peak
References
0
Case No. MISSING
Regular Panel Decision

Dick v. John M. Gates Construction Corp.

Plaintiff Alan F. Dick was injured when a temporary deck collapsed at a construction site in July 1984 while he was working for John M. Gates Construction Corporation, the general contractor. He and his wife sued Gates Construction, Harvest Homes (materials manufacturer), and Armand Córtese (property owner) for damages. The Supreme Court denied plaintiff's motion for partial summary judgment against Gates Construction but granted summary judgment to Harvest Homes and Córtese. Gates Construction appealed the denial of its cross-motion for partial summary judgment, arguing Labor Law § 240 (1) was inapplicable. The appellate court affirmed the Supreme Court's order, holding that Gates Construction, as the general contractor, had a nondelegable duty under Labor Law § 240 (1) to provide proper protection and that issues of fact regarding inadequate bracing precluded summary judgment in its favor.

Construction AccidentLabor Law § 240(1)Deck CollapseSummary JudgmentGeneral ContractorNondelegable DutyAppellate ReviewPersonal InjuryWorker SafetyConstruction Site Accident
References
4
Case No. ADJ1359013
Regular
Jun 28, 2013

LUCIA REYES vs. JUICE HARVEST, INC.

This case concerns a lien claimant, Advanced Professional Imaging Medical Group (APIMG), seeking reconsideration of a WCJ's order dismissing their lien for failure to pay the required activation fee. APIMG's petition for reconsideration was deemed skeletal and unverified, failing to adequately state the grounds for appeal or reference supporting evidence and legal authority. The Appeals Board dismissed the petition, citing APIMG's failure to comply with statutory requirements for such filings. This dismissal was based on the petition's lack of specificity, failure to engage with material evidence, and absence of verification.

Lien activation feePetition for reconsiderationSkeletal pleadingDismissal of lienLabor Code 4903.06Workers' Compensation Appeals BoardWCJPublic Information Search ToolVerification of pleadingsAddecco Employment Services v. Workers' Comp. Appeals Bd.
References
7
Case No. ADJ10544189
Regular
Nov 09, 2018

MARTIN GARCIA vs. HARVEST CHURCH, GUIDEONE MUTUAL

This case involves an applicant seeking an increased permanent impairment rating for a psychiatric injury stemming from a physical injury to his left foot. The applicant's injury occurred when a gate fell on his foot, and he claims this constitutes a "violent act" under Labor Code section 4660.1(c)(2)(A), which allows for exceptions to a general rule against increased impairment ratings for psychiatric issues arising from physical injuries. The Appeals Board denied reconsideration, affirming the WCJ's finding that the gate falling was an accidental injury, not a violent act, based on definitions involving strong physical force or extreme threats. The Board found the applicant's experience lacked the intensity seen in prior cases of violent acts, such as being struck by a car or being crushed in a vehicle.

AOE/COEViolent ActLabor Code Section 4660.1Psychiatric InjuryPermanent Impairment RatingPetition for ReconsiderationFindings of FactWorkers' Compensation Judge (WCJ)Industrial InjuryPreponderance of the Evidence
References
6
Case No. ADJ8482506
Regular
Sep 19, 2016

VANESSA OLVERA vs. RANCHO HARVEST, STAR INSURANCE COMPANY

The Appeals Board granted reconsideration to amend the Findings and Award, primarily to correct the permanent disability indemnity rate to align with the parties' stipulation, as the original judge altered it without sufficient evidence or good cause. The Board also deferred the issue of liability for self-procured medical treatment, finding no evidence was presented to support the original award of reimbursement for such costs. Furthermore, a clerical error regarding the body parts affected by the injury was corrected. The original determination of a 30% permanent disability rating, supported by medical evidence, was otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability Indemnity RateStipulationWCJ AuthorityWhole Person ImpairmentSelf-Procured Medical TreatmentAdmitted EvidenceSubstantial Evidence
References
6
Case No. ADJ7208535
Regular
Oct 09, 2014

MARIA DORAME vs. AZTEC HARVESTING, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing DNM Pharmacy's lien claim. The Board adopted the administrative law judge's report, finding DNM Pharmacy failed to demonstrate good cause for not appearing at the lien trial or for not objecting to the notice of intention to dismiss the lien. Additionally, the Board admonished DNM Pharmacy and its representative for failing to comply with specific rules regarding lien claimant representation. DNM Pharmacy's lien was for $2,089.06 for medication related to the applicant's psyche injury, which was dismissed as part of a Compromise and Release agreement.

Maria DorameAztec HarvestingZenith Insurance CompanyPetition for ReconsiderationOrder Denying PetitionLien ClaimantDNM PharmacyCalifornia Lien Claimant NetworkSection 10774.5Workers' Compensation Administrative Law Judge
References
0
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