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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

Claim of Bitterman v. Friscos Restaurant, Inc.

The State Insurance Fund appealed decisions by the Workers' Compensation Board concerning the cancellation of an insurance policy. The Board initially found the Fund's cancellation failed to comply with Workers' Compensation Law § 54(5) due to a lack of a return receipt request. An amended decision modified this, citing insufficient proof of a return receipt request. The appellate court affirmed the Board's determination, emphasizing the strict requirement for statutory compliance in policy cancellation and the insufficiency of a mailing manifest without proof of a return receipt request. The court noted the absence of testimony establishing the Fund's office practice for proper mailing.

Workers' CompensationInsurance Policy CancellationCertified MailReturn ReceiptStatutory ComplianceMailing ManifestProof of MailingAppellate ReviewState Insurance FundUninsured Employers' Fund
References
2
Case No. ADJ13057590; ADJ13058223
Regular
Aug 25, 2025

HEATHER RAMOS vs. PIH HEALTH, ATHENS ADMINISTRATORS

Applicant Heather Ramos sought reconsideration of a WCJ's Findings of Fact and Orders (F&O) which found defendant PIH Health and Athens Administrators had provided proof of service for a supplemental job displacement voucher (SJDV). The WCJ applied the presumption of timely mailing and receipt, finding applicant failed to rebut it and was not entitled to a penalty. Applicant contended there was no valid proof of service, and defendant did not meet the burden to invoke the presumption, thus entitling her to a penalty and attorney's fees. The Appeals Board upheld the WCJ's decision, concluding that the defendant's proof of service was valid, and applicant's evidence was insufficient to overcome the mailing presumption, therefore denying reconsideration.

Supplemental Job Displacement VoucherPresumption of ReceiptMailbox RuleProof of ServiceRebuttal EvidenceWCABPetition for ReconsiderationPenaltiesAttorney's FeesLabor Code Section 5814
References
13
Case No. MISSING
Regular Panel Decision

People v. Newspaper & Mail Deliverers' Union

The Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) was indicted on a single count of enterprise corruption under Penal Law § 460.20, based on 81 pattern acts committed by individual union officers, members, or agents. The NMDU moved to dismiss the indictment, arguing insufficient evidence and incorrect Grand Jury instructions regarding the union's liability. The court found that while a labor union, as an unincorporated association, can be criminally liable under New York law, and enterprise corruption is an appropriate charge, the Grand Jury instructions were critically flawed. Specifically, the instructions failed to adequately define terms like 'actual participation,' 'actual authorization,' and 'ratification after actual knowledge.' Furthermore, the court determined that New York's common-law no-agency rule for unincorporated associations, as established in Martin v Curran, requires proof that every union member individually authorized or ratified the criminal acts, a more stringent standard than what was presented. The court also rejected the applicability of Labor Law § 807 (6) as a general standard for union criminal liability, as it is limited to injunctions during labor disputes, which was not the context for most of the alleged acts. Consequently, the indictment against the NMDU was dismissed, with leave for the prosecution to re-present the case to another Grand Jury.

Enterprise CorruptionLabor Union LiabilityGrand Jury InstructionsCriminal LawUnincorporated AssociationsPenal Law InterpretationVicarious LiabilityRacketeeringOrganized CrimeLabor Racketeering
References
54
Case No. 2017 NY Slip Op 07667
Regular Panel Decision
Nov 02, 2017

Matter of Osorio v. M & L Express, Inc.

Yerly Osorio filed a workers' compensation claim for head, neck, and back injuries from a July 2014 work accident. The employer acknowledged the work-related injuries. The core issue was whether the employer's workers' compensation policy was effectively canceled prior to the accident due to nonpayment, or if it remained in effect due to the carrier's failure to comply with Workers' Compensation Law § 54 (5) notice requirements. A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found the carrier liable, ruling that there was insufficient proof of a nexus between the cancellation notice and its mailing. On appeal, the Appellate Division, Third Department, found the Board's determination unsupported by substantial evidence, as the carrier had provided uncontroverted proof of proper certified mailing of the cancellation notice. Consequently, the decision was reversed and the matter remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationInsurance CancellationNotice RequirementsNonpayment of PremiumsStrict ObservanceSubstantial EvidenceAppellate ReviewPolicy LiabilityMailing ProofCarrier Burden of Proof
References
7
Case No. ADJ2730977 (VNO 0472204)
Regular
Dec 23, 2013

JAMES FOLLOWAY vs. ACCOR NORTH AMERICA, INC., doing business as MOTEL 6, UNITED STATES FIRE & GUARANTEE INSURANCE, GALLAGHER BASSETT SERVICES, INC.

In *Followay v. Accor North America, Inc.*, the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board adopted the administrative law judge's reasoning that the petition was filed 26 days after service by mail of the prior order. California law requires petitions for reconsideration to be *filed* (received by) the Board within 25 days, not merely mailed. Proof of mailing within the deadline is insufficient if the petition is not received within that jurisdictional timeframe.

Petition for ReconsiderationUntimely filingWCABWorkers' Compensation Appeals BoardAdministrative law judgejurisdictionalDismissalService by mailProof of serviceFiling date
References
4
Case No. MISSING
Regular Panel Decision

Merendino v. Village of Pawling

Dutchess County, a self-insured employer, appealed decisions of the Workers’ Compensation Board. The Board had barred the county from contesting employer-employee relationship, accidental injury, and accident arising out of employment due to a failure to file a timely notice of controversy under Workers’ Compensation Law § 25 (2) (b). The Board’s decision was based on the premise that a corrected notice of indexing was mailed to the county on August 30, 1984. However, the court found insufficient proof in the record to support the finding that the notice was actually mailed, as the testimony did not establish a regularly followed office procedure designed to ensure proper addressing and mailing. Consequently, the court reversed the Board's decisions and remitted the matter for further proceedings to consider the merits of the county’s objections.

Workers' Compensation LawNotice of ControversyProof of MailingRebuttable PresumptionAdministrative ProcedureAppellate ReviewRemittalEmployer-Employee RelationshipAccidental InjuryStatutory Bar
References
10
Case No. ADJ9148328
Regular
Mar 13, 2017

PERCY NOEL vs. HONEYWELL INTERNATIONAL, MATRIX ROCKLIN

The Workers' Compensation Appeals Board (WCAB) dismissed Percy Noel's Petitions for Removal. The WCAB found the petitions were untimely filed, exceeding the 25-day deadline for removal petitions from a non-final decision served by mail. Proof of mailing was insufficient, and the WCAB requires actual receipt within the time limit. Even if timely, the WCAB would have denied the petitions on their merits, adopting the WCJ's reasoning.

Petition for RemovalUntimely FilingWCABWorkers' Compensation Administrative Law JudgeService by MailFiling DeadlineNon-final DecisionWCJ ReportDismissalCalifornia Code of Regulations
References
3
Case No. ADJ8013755
Regular
Mar 29, 2017

JOONG YEOL LEE vs. BCD TOFU HOUSE; TOWER

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration as untimely. The defendant had 25 days from service of the Findings and Award to file, with mail service extending the deadline. However, the petition was received by the Board one day *after* the filing deadline. Filing proof of mailing within the period is insufficient; the petition must be received by the Board. Consequently, the Board lacked jurisdiction to consider the petition due to its tardiness.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardWCJFindings and AwardLab. CodeCal. Code Regs.JurisdictionalDate of Filing
References
4
Case No. ADJ8382565
Regular
Nov 17, 2015

MOHAMED SHABAAN vs. FAIRWAY FORD, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Mohamed Shabaan's petition for reconsideration because it was filed untimely. California law requires petitions for reconsideration to be filed within 25 days of service by mail, with potential extensions for weekends or holidays. Critically, the petition must be *received* by the Board within this timeframe, and proof of mailing is insufficient. Because Shabaan's petition was filed over 25 days after the WCJ's decision, it was untimely and dismissed as a jurisdictional matter.

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardWCJLabor CodeCode of RegulationsJurisdictionalMaranianRymer
References
4
Case No. ADJ10481568
Regular
Jul 01, 2019

JUAN MARTINEZ vs. CAL CENTRAL HARVESTING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Martinez's petition for reconsideration because it was filed untimely. California law mandates petitions for reconsideration be filed within 25 days of the WCJ's decision being served by mail. Proof of mailing is insufficient; the petition must be received by the WCAB within the statutory timeframe. As the petition was filed more than 25 days after the April 24, 2019 decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCAB Rule 10508WCJProof of MailingService by MailAdministrative Law JudgeFinal Decision
References
0
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