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Case Law Database

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

Case No. 532612
Regular Panel Decision
Jun 23, 2022

In the Matter of the Claim of Anne O'Donnell

In this Workers' Compensation case, claimant Anne O'Donnell, a nurse, sustained work-related injuries. The employer, University of Rochester, sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d) due to preexisting conditions. A Workers' Compensation Law Judge initially found the employer entitled to reimbursement based on a pretrial conference statement. However, the Workers' Compensation Board reversed this, ruling the statement was not legally binding without Board approval, and discharged the Special Disability Fund from liability. The employer's subsequent application for reconsideration was denied. The Appellate Division affirmed both decisions, rejecting the employer's arguments that the pretrial conference statement was preclusive or that estoppel/laches applied, citing lack of proper Board approval for the statement.

Permanent Partial DisabilitySpecial Disability FundReimbursementPretrial Conference StatementBoard ApprovalEstoppelLachesReconsiderationAppellate ReviewSlip and Fall
References
8
Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
0
Case No. 2020 NY Slip Op 03711 [185 AD3d 1133]
Regular Panel Decision
Jul 02, 2020

Matter of Pratt v. Gowanda Nursing Home

Claimant Viola B. Pratt injured her back in 2000 while working as a nurse's aide. The employer's carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) due to a prior injury. They relied on a pretrial conference statement signed by the Special Funds Conservation Committee (SFCC) conceding applicability. The Workers' Compensation Board discharged the Special Disability Fund from liability, ruling the statement was not legally binding as it was never adopted or approved. The carrier appealed, arguing the Special Funds Group should be equitably estopped from denying reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, finding it was not reasonable for the carrier to rely on the unapproved pretrial conference statement.

Workers' CompensationSpecial Disability FundEquitable EstoppelPretrial ConferenceStipulationReimbursementPermanent Partial DisabilityAppellate DivisionWorkers' Compensation BoardPrior Injury
References
2
Case No. 2022 NY Slip Op 04067
Regular Panel Decision
Jun 23, 2022

Matter of O'Donnell v. University of Rochester

Claimant Anne O'Donnell, a nurse, sustained work-related injuries in 2007. Her employer, the University of Rochester, sought reimbursement from the Special Disability Fund based on preexisting conditions. A Workers' Compensation Law Judge initially found the employer entitled to reimbursement, relying on a pretrial conference statement. However, the Workers' Compensation Board reversed this decision, ruling that the statement was not legally binding without formal approval and discharged the Special Disability Fund from liability. The employer's subsequent application for reconsideration was denied. The Appellate Division, Third Department, affirmed both of the Board's decisions, concluding that the pretrial conference statement lacked preclusive effect and the employer's reliance upon it for estoppel arguments was unreasonable given the absence of Board approval.

Workers' Compensation LawSpecial Disability FundReimbursementPretrial Conference StatementBoard ApprovalStipulationSettlementLachesPromissory EstoppelPermanent Partial Disability
References
7
Case No. ADJ8002481
Regular
Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ
References
0
Case No. 529937
Regular Panel Decision
Jul 23, 2020

Matter of Wolkiewicz v. Lincare Holdings Inc.

Claimant Julie Wolkiewicz was injured in June 2006 and filed for workers' compensation benefits. The employer and carrier (Lincare Holdings Inc.) sought reimbursement from the Special Disability Fund due to alleged preexisting physical impairments under Workers' Compensation Law § 15 (8) (d). Despite a pretrial conference statement purportedly reflecting an agreement for § 15 (8) (d) to apply, the Special Funds Group later moved to discharge the Fund, arguing that the carrier failed to submit medical evidence by the July 1, 2010 statutory cut-off. The Workers' Compensation Board agreed, disavowing any prior precedent suggesting otherwise, and concluded that the carrier had not established a viable claim for reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, rejecting the carrier's arguments regarding the preclusive effect of the pretrial conference statement and promissory estoppel, emphasizing the carrier's failure to submit timely medical evidence.

Workers' Compensation LawSpecial Disability FundReimbursement ClaimPretrial ConferenceMedical Evidence DeadlineStatutory ComplianceAppellate ReviewBoard PrecedentArbitrary and CapriciousPromissory Estoppel
References
14
Case No. ADJ1718273 (SFO 0464362)
Regular
Feb 22, 2013

MARIANNE WALSH vs. G.A. WRIGHT, INC., CNA CASUALTY OF CALIFORNIA

This case involves a workers' compensation claim where the defendant petitioned for removal, arguing the record was complete for trial. The Appeals Board granted the petition, finding the prior order to continue to a Mandatory Settlement Conference (MSC) was premature. The Board rescinded that order and returned the case to the trial level for an MSC to file a Pretrial Conference Statement, as discovery had closed. The applicant must now attend MSCs and trial in person to facilitate these necessary procedural steps.

Petition for RemovalMandatory Settlement ConferencePretrial Conference StatementLabor Code section 5502(d)(3)Discovery ClosureIndustrial InjuryOverexertion at high altitudeChest wall injuryLung injuryHeart injury
References
1
Case No. ADJ2829894 (SRO 0138997)
Regular
Apr 18, 2011

CAROL LYNN RANDALL vs. FIRST AMERICAN TITLE, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that closed discovery and intended sanctions. This arose from defense counsel's claimed failure to receive notice of a mandatory settlement conference, preventing their appearance and due process. The Board allowed the defendant to file a pretrial conference statement, will allow a trial on the merits regarding indemnity payments, and will address sanctions separately. The trial date was continued to allow for these proceedings.

Petition for RemovalMandatory Settlement ConferenceDue ProcessSanctionsEAMSStipulation and AwardIndemnity PaymentsPretrial Conference StatementWCJWorkers' Compensation Appeals Board
References
0
Case No. ADJ3214364 (LBO 0326787)
Regular
Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

In this workers' compensation case, lien claimant David S. Nicol, D.C. petitioned for removal, challenging a WCJ's order to continue the matter to a lien conference and appear personally. However, the parties subsequently filed a Pretrial Conference Statement and the case was continued to a lien trial, with Nicol failing to appear. As Nicol did not object to venue or the order for his appearance at the time, his petition for removal is now moot. The Appeals Board dismissed the petition as moot because the issues raised had been resolved or waived.

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement
References
0
Case No. ADJ3157778 (SBR 0342745)
Regular
Aug 26, 2011

Carrita Morales vs. COUNTY OF RIVERSIDE, DEPARTMENT OF PUBLIC HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's untimely Petition for Removal due to its late filing. However, the WCAB granted removal on its own motion, citing significant procedural and record-keeping deficiencies. These included a lack of scanned documents in the EAMS system, applicant's waiver of objections to proceeding to trial, and the absence of a proper pretrial conference statement and exhibits. The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.

Petition for RemovalDismissalGranting RemovalOwn Motion RemovalDecision After RemovalWCJDiscovery ReopenedSleep ReportInsomniaPermanent and Stationary
References
2
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