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

Case No. ADJ6892572
Regular
Mar 05, 2012

RAFAEL RODRIGUEZ, RAFAEL CORREA-RODRIGUEZ vs. SURFACE CONSTRUCTORS, INC., FIRSTCOMP For ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration filed by Rafael Rodriguez (also known as Rafael Correa-Rodriguez). The dismissal was based on two procedural defects: the petition was untimely filed and improperly served. The WCAB further indicated that even if the petition had been procedurally sound, it would have been denied on the merits based on the WCJ's report. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimely FilingImproper ServiceWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissalDenial on MeritsLien ClaimantSurface ConstructorsFirstcomp
References
0
Case No. ADJ4301849
Regular
Dec 09, 2009

Rafael Morando vs. PERFORMANCE NURSERY, INC., FA RICHARD LAGUNA HILLS

The WCAB denied reconsideration of the WCJ's decision denying applicant's claim for workers' compensation benefits due to credibility issues and inconsistencies in the record.

ADJ4301849OXN 0148502WORKERS' COMPENSATION APPEALS BOARDRAFAEL MORANDOPERFORMANCE NURSERY INC.FA RICHARD LAGUNA HILLSORDER DENYING RECONSIDERATIONWCJ Opinion on DecisionREPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONApplication for Adjudication
References
1
Case No. ADJ1754033 (SAC 0370201), ADJ1258059 (SAC 0364768), ADJ220448 (SAC 0364769), ADJ2785733 (SAC 0364770), ADJ4090010 (SAC 0364771), ADJ1380734 (SAC 0364772), ADJ4046532 (SAC 0364773)
Regular
Sep 01, 2011

MONTE PAYNE vs. CITY OF SAN RAFAEL

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a clerical error in the date of injury for case ADJ1258059. The WCAB affirmed the workers' compensation judge's (WCJ) prior findings, specifically regarding the employer's (City of San Rafael) liability for multiple stipulated injuries to the applicant (Monte Payne), including neck, shoulder, extremity, back, and psyche injuries. The WCAB upheld the WCJ's determination that payments of Labor Code section 4850 benefits do not preclude further temporary disability under Labor Code section 4656 and denied the defendant's request to set aside a stipulation to injury.

Monte PayneCity of San Rafaelfirefighterneck injuryshoulder injuryupper extremity injurypsyche injurycumulative traumatemporary disabilityLabor Code section 4850
References
0
Case No. ADJ8199713
Regular
Nov 01, 2013

RAFAEL BACA vs. GARCIA JUAREZ CONSTRUCTION, INTERCARE

This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.

Petition for ReconsiderationuntimelydismissedWorkers' Compensation Appeals Boardadministrative law judgeReport and RecommendationADJ8199713Garcia Juarez ConstructionIntercareRafael Baca
References
0
Case No. MISSING
Regular Panel Decision

Delacruz v. Metropolitan Transit Authority

Plaintiff Rafael Delacruz initiated an action against the Metropolitan Transportation Authority (MTA) after sustaining injuries from a fall at a subway station. Delacruz erroneously served the MTA, believing it to be synonymous with the New York City Transit Authority (NYCTA), the actual operator of the station, due to the entities' intertwined branding and operational practices. The MTA routinely accepted and processed these documents, forwarding them to NYCTA's in-house counsel, Wallace D. Gossett, Esq., who proceeded to represent both organizations. After the expiration of the statute of limitations, the MTA filed a motion to dismiss, asserting improper service. The court denied the motion, finding that the MTA and NYCTA's collaborative conduct created a misleading impression, thereby equitably estopping them from claiming improper service.

Equitable EstoppelNotice of ClaimSummary Judgment MotionCPLR 3211 MotionCPLR 3212 MotionPublic Authorities LawMetropolitan Transportation AuthorityNew York City Transit AuthorityMisnomer of PartyStatute of Limitations
References
47
Case No. MISSING
Regular Panel Decision
Dec 28, 2017

Gonzalez-Cruz v. Comm'r of Soc. Sec.

Rafael Gonzalez-Cruz sought judicial review of the Commissioner of Social Security's denial of his application for Supplemental Security Income (SSI). The court vacated the Commissioner's decision, finding that the Administrative Law Judge (ALJ) erred at step five of the disability evaluation process. Specifically, the ALJ failed to resolve an apparent conflict between the vocational expert's testimony regarding available jobs and the Dictionary of Occupational Titles' (DOT) language requirements, given Gonzalez-Cruz's illiteracy and inability to communicate in English. The case was remanded for further proceedings to address this inconsistency, while the court affirmed the ALJ's findings on adaptive functioning and the treating physician rule.

Social Security ActSupplemental Security IncomeJudicial ReviewDisability BenefitsAdministrative Law JudgeVocational ExpertDictionary of Occupational TitlesIlliteracyLanguage BarrierMental Impairment
References
82
Case No. ADJ155904 (LAO 0811479)
Regular
Sep 21, 2018

RAFAEL CHAVEZ vs. SUPREME TRUCK BODIES, SENTRY INSURANCE

In this workers' compensation case, the applicant, Rafael Chavez, sought reconsideration of a decision denying home healthcare benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the parties had stipulated to an Agreed Medical Evaluator (AME) for this issue, thereby waiving formal utilization review processes. The WCAB rescinded the prior order and ruled applicant entitled to 12 hours per day of home healthcare for up to six months, pending a new evaluation by the AME.

WCABPetition for ReconsiderationHome HealthcareAgreed Medical Evaluator (AME)Labor Code section 4600(h)Petition to ReopenNew and Further DisabilityLabor Code section 5410Medical TreatmentIndustrial Injury
References
7
Case No. OAK 0329422
Regular
Jun 30, 2008

RAFAEL PEREZ vs. AMERICAN EMPIRE BUILDING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a previous decision in the case of Rafael Perez v. American Empire Building and Liberty Mutual Insurance. The WCAB rescinded the original decision and returned the matter to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge. This action indicates the prior decision was not finalized and the case will undergo further review.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsAdministrative Law JudgeApplicantDefendantsLiberty Mutual Insurance
References
0
Case No. CA 15-01542
Regular Panel Decision
Oct 07, 2016

JOHNSTON'S L.P. GAS SERVICE, INC., GABRIEL, HUGO RAFAEL RAMIREZ v

Plaintiffs, undocumented farm workers, suffered injuries from a propane gas explosion in their living quarters, leading to an action against Johnston’s L.P. Gas Service, Inc., the propane supplier. Johnston’s initiated a third-party action against the farm owners and plaintiffs' employers, the DeMarco defendants, seeking contribution or indemnification. The Supreme Court denied Johnston’s summary judgment motion and partially denied the DeMarco defendants' motion. The Appellate Division modified the order, dismissing claims against Johnston’s regarding propane odorization and granting the DeMarco defendants' motion concerning plaintiff Lucio Jimenez Gabriel due to workers' compensation exclusivity and the absence of a 'grave injury.' The court affirmed the denial of Johnston’s motion regarding causation and failure to warn, citing unresolved factual issues.

Propane ExplosionWorkers' Compensation LawGrave InjurySummary JudgmentFailure to WarnCausationEmployer LiabilityThird-Party ActionFacial DisfigurementUndocumented Farm Workers
References
14
Case No. ADJ8018131
Regular
Nov 08, 2013

MARTIN RAFAEL vs. VERONICA'S KITCHEN, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Martin Rafael's petition for reconsideration in case ADJ8018131. This dismissal was based on the finding that the petition was neither verified nor timely filed, as detailed in the administrative law judge's report. The WCAB adopted and incorporated the judge's reasoning to support its decision. Consequently, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationDismissalUnverifiedNot timely-filedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord reviewApplicantDefendants
References
0
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