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Case No. 527514

Regular Panel Decision

Nov 12, 2020

Matter of Rossi v. Albert Pearlman Inc.

Claimant Nicholas Rossi appealed two decisions of the Workers' Compensation Board. The Board initially ruled that Rossi's myocardial infarction was not causally related to his work activities as a painter and denied his claim for workers' compensation benefits. Subsequently, the Board denied Rossi's application for reconsideration. The Appellate Division, Third Department, affirmed both decisions, finding that substantial evidence supported the Board's determination. The court emphasized the Board's discretion in assessing the credibility of medical witnesses and its resolution of causation issues, crediting the opinion of a cardiologist who found no causal link between the infarction and work.

Myocardial Infarction ClaimCausation DisputeMedical Expert OpinionIndependent Medical ExaminationBoard Decision AffirmationAppellate ReviewCredibility of Medical WitnessesSubstantial Evidence StandardOccupational InjuryCardiovascular Disease

References

Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)

Regular

May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION

References

Case No. ADJ8276917

Regular

Jun 03, 2014

MARIO GONZALEZ vs. WEST PICO FOODS, INC., and TOWER SELECT INSURANCE, administered by YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a prior finding that Mario Gonzalez sustained an injury arising out of and occurring in the course of employment, rejecting the employer's post-termination defense. The Board also imposed a $950 sanction against the applicant's attorneys, Lawrence Y. Kao, Esq. and Pearlman, Borska & Wax, LLP, for misrepresenting facts and the record in their petition. The attorneys' responses failed to demonstrate good cause to avoid sanctions, as they primarily argued the merits of the injury claim rather than addressing the issues raised by the sanctions notice. The employer's insurance administrator, York Insurance Services Group, Inc., was not held responsible for the attorneys' conduct.

AOE/COEpost-termination defenseLabor Code section 3600(a)(10)petition for reconsiderationNotice of Intention to Impose SanctionsWorkers' Compensation Appeals Boardadministrative law judgefindings and ordersanctionsPearlman Borska & Wax

References

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Matter of Rossi v. Albert Pearlman Inc.

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION

MARIO GONZALEZ vs. WEST PICO FOODS, INC., and TOWER SELECT INSURANCE, administered by YORK INSURANCE SERVICES GROUP, INC.