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

Case No. OAK 0284985
Regular
Oct 10, 2007

RICHARD DENNY vs. PINKERTON, ACE USA/ESIS

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Richard Denny's employer, Pinkerton, liable for Vocational Rehabilitation Maintenance Allowance (VRMA) at the medical temporary disability rate outside the vocational rehabilitation cap. This liability arose from Pinkerton's violation of Labor Code §4642 and related regulations by failing to timely refer the applicant for vocational rehabilitation services after determining him to be a Qualified Injured Worker. The Board affirmed that this VRMA award is not considered a penalty and rejected Pinkerton's claim for restitution.

Workers' Compensation Appeals BoardPinkertonACE USA/ESISPetition for ReconsiderationVRMAMedical TD RateVocational Rehabilitation CapLabor Code §4642Cal.CodeRegs.tit. 8
References
4
Case No. ADJ4695356 (LBO 0305933)
Regular
Feb 06, 2012

ABDALLAH SKANDER vs. PINKERTON SECURITY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied Applicant Abdallah Skander's Petition for Removal against Pinkerton Security. The Board adopted the WCJ's report, finding removal inappropriate. Crucially, discovery had not yet closed, and the recent lien conference did not trigger mandatory discovery closure under Labor Code section 5502(e)(3). Therefore, the petition was denied.

Petition for RemovalDENYING REMOVALworkers' compensation administrative law judgeWCJdiscovery closurelien conferenceMandatory Settlement ConferenceLabor Code section 5502(e)(3)proposed new lien hearing ruleWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision

Anastasia v. Barnes

This case involves a wrongful death action where the defendant, New York Racing Association, Inc. (NYRA), and third-party defendant, Pinkerton’s New York Racing Security Service, Inc., moved to amend their answers. They sought to assert a setoff for pension and insurance benefits received by the plaintiff due to the decedent's death, invoking the "collateral source rule." The court, presided over by Justice Kenneth H. Lange, denied both motions. The decision delves into the nuances of the collateral source rule, distinguishing between gratuitous benefits and those part of employment compensation. It concludes that NYRA, not having contributed to the benefits, cannot assert them as a setoff, and Pinkerton’s, despite funding some benefits, cannot use them against an indemnification claim, prioritizing the tort-feasor's responsibility for compensation.

Wrongful DeathCollateral Source RuleSetoff DefenseLeave to Amend AnswerThird-Party LitigationIndemnification ClaimWorkers' Compensation BenefitsPension BenefitsInsurance BenefitsTort Law
References
20
Case No. ADJ4700532
Regular
Nov 23, 2009

RICHARD DENNY vs. PINKERTON; ACE

Reconsideration granted; WCJ decision affirmed except for rescission of paragraphs (a) and (b) of the Award in favor of Boxer Law Firm and amendments to Findings 6, 7, 10, 11 and paragraphs (a) and (b) of the Award in favor of applicant.

Workers' Compensation Appeals BoardRichard DennyPinkertonACEFindings and AwardVocational Rehabilitation Maintenance AllowanceVRMATemporary DisabilityTDLabor Code section 5814
References
1
Case No. MISSING
Regular Panel Decision

Claim of Andrews v. Pinkerton Security

Claimant, a security guard, injured his left knee at work. Initially, a Workers' Compensation Law Judge awarded benefits, but the Workers' Compensation Board reversed, concluding the injury, though occurring in the course of employment, did not arise out of it. This court reversed the Board's determination, emphasizing the statutory presumption under Workers’ Compensation Law § 21 [1] that an an injury occurring in the course of employment also arises out of it. The court found the Board failed to provide substantial medical evidence to rebut this presumption, despite a mention of a prior injury. The matter was remitted to the Workers’ Compensation Board for further proceedings consistent with the court's decision.

Workers' CompensationCompensable InjuryCourse of EmploymentArising Out of EmploymentStatutory PresumptionRebuttal EvidenceMedical EvidenceAppellate ReviewRemittalLeft Knee Injury
References
5
Case No. MISSING
Regular Panel Decision

Claim of Merchant v. Pinkerton's, Inc.

This case presents a dissenting opinion concerning a Workers' Compensation Board decision. The Board had determined that a decedent's fatal injury, resulting from an accidental gun discharge while on duty, did not arise out of and in the course of employment because it violated a strict work rule against carrying unauthorized weapons. The dissenting judges argue that while the Board's legal reasoning regarding work rule violations might be flawed, the factual evidence supports that carrying the pistol was a personal act unrelated to employment. They assert that the presumption of compensability under section 21 of the Workers’ Compensation Law was therefore negated, and conclude that the Board's original decision of non-compensability should be affirmed, citing similar precedents.

Workers' CompensationWork Rule ViolationPersonal ActArising Out of EmploymentCourse of EmploymentGun DischargeAccidental InjuryPresumption of CompensabilityDissenting OpinionBoard Panel Decision
References
3
Case No. WCK 0067792
Regular
Sep 20, 2007

ERNEST J. WILLIAMS vs. PINKERTON SECURITY, ESIS

This case involves an applicant who sustained an industrial injury to his right knee. The defendant sought reconsideration of the original award, arguing the judge erred in denying credit for temporary disability overpayments and in failing to apportion permanent disability to pre-existing arthritis. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for further proceedings. The Board found that apportionment to prior arthritis, even if it necessitated knee replacement surgery, is required under current law and that the Agreed Medical Evaluator's opinion on apportionment was sufficient.

WCABPinkerton SecurityErnest J. Williamsindustrial injuryright lower extremitypermanent disabilityapportionmenttemporary disability overpaymentAgreed Medical EvaluatorAME
References
8
Case No. ADJ3237915 (LBO 0375567) ADJ2373677
Regular
Mar 04, 2011

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, BROADSPIRE

The Workers' Compensation Appeals Board denied a petition for reconsideration concerning an Order Approving Compromise and Release (OACR). The applicant's attorney sought reconsideration based on an alleged inadvertent miscalculation of attorney fees, claiming a $750 award instead of the requested $900. The Board found the petition lacked statutory basis and failed to establish good cause, noting no allegations of fraud or mutual mistake. Furthermore, the attorney failed to provide required notice to the applicant regarding the adverse interest in seeking increased fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesInadvertent MiscalculationCompromise and ReleaseMandatory Settlement ConferenceDisputed IssuesLabor Code Section 5903Good Cause Showing
References
3
Case No. ADJ3237915 (LBO 0375567) ADJ2373677 (LBO 0388992)
Regular
Apr 30, 2009

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, Permissibly Self-Insured, BROADSPIRE (Adjusting Agent)

This case involves applicant Sheryl Willis's appeal regarding two worker's compensation claims. The Appeals Board affirmed the finding of a 1% permanent disability for a left knee injury. However, they rescinded the finding of no permanent disability for a psyche injury stemming from a 2005 assault. The Board remanded the psyche injury claim for further proceedings to develop the record on psychiatric permanent disability and apportionment, citing issues with the applicant's medical history disclosure. The applicant's credibility regarding past psychiatric treatment was a key factor in the decision.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentUnarmed Security GuardAssaultLeft Knee Injury
References
0
Case No. MISSING
Regular Panel Decision

United States v. Lloyd

Defendant Stephanie Lloyd was convicted of conspiracy to commit robbery, robbery, and brandishing a firearm during a crime of violence after her involvement in planning an armed robbery of the Wyandanch Post Office where she worked. Lloyd intended to be present during the robbery to fraudulently claim worker's compensation benefits. Although the robbery occurred on a different date than planned, and Lloyd was not present, she was found guilty. She subsequently filed motions for a judgment of acquittal and a new trial, arguing insufficient evidence and errors in jury instructions, including the application of Pinkerton liability. The Court denied both motions, affirming the jury's verdict based on the evidence presented and proper legal standards.

Criminal LawConspiracy to Commit RobberyArmed RobberyBrandishing a FirearmJudgment of Acquittal MotionNew Trial MotionFederal Rules of Criminal ProcedureSufficiency of Evidence ReviewWitness Credibility AssessmentPinkerton Doctrine
References
37
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