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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

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. 2025 NY Slip Op 02363 [237 AD3d 1126]
Regular Panel Decision
Apr 23, 2025

Sisalima v. Thorne Constr., Inc.

The plaintiff, Julio Wilmer Sisalima, allegedly sustained injuries after falling from a roof on January 4, 2019, while working on a project for Limonejo's Framing Corp. He subsequently initiated an action claiming a violation of Labor Law § 240 (1). Both the plaintiff's motion for summary judgment on liability and the defendant Limonejo's Framing Corp.'s cross-motion for summary judgment on its defenses (sole proximate cause and recalcitrant worker) were denied by the Supreme Court, Suffolk County. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that there were triable issues of fact regarding whether adequate safety devices were provided and if their absence proximately caused the accident. Additionally, the court found that the defendant failed to prima facie establish that the plaintiff was the sole proximate cause or a recalcitrant worker, as there was no evidence he was specifically instructed to use ropes and disregarded them.

Fall from RoofLabor Law ViolationSafe Place to WorkProximate CauseRecalcitrant Worker DefenseSummary Judgment DeniedPersonal InjuryAppellate ReviewConstruction AccidentSafety Devices
References
14
Case No. ADJ13119496
Regular
Sep 29, 2025

Ariel Prudente vs. RJP Framing, Inc., Alaska National Insurance Company

Applicant Ariel Prudente sought removal of a WCJ's order to replace psychiatric Qualified Medical Evaluator (PQME) Dr. Peter Turek. The WCJ's decision stemmed from applicant's attorney providing "summaries and excerpts from the Kite decisions" to Dr. Turek, which was deemed a violation of Labor Code section 4062.3(b). The Appeals Board found that the WCJ's order lacked sufficient rationale and evidence of prejudice to justify Dr. Turek's replacement. Consequently, the Board granted the petition for removal, rescinded the WCJ's June 18, 2025 Findings and Order, and remanded the matter for further proceedings, emphasizing the need for less drastic measures than QME replacement.

PQMEPetition for RemovalLabor Code section 4062.3(b)Kite decisionsVigil v. County of KernSuon v. California DairiesMaxham v. California Department of Corrections and Rehabilitationex parte communicationsubstantial justiceAOE/COE
References
11
Case No. ADJ10652805
Regular
Nov 16, 2018

JESUS ARELLANO vs. RJP FRAMING, INC.; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was taken from a non-final interlocutory order. The order at issue, which closed discovery, did not determine substantive rights, liabilities, or a threshold issue fundamental to the claim. Therefore, it was not a final order as required for reconsideration under Labor Code sections 5900(a), 5902, and 5903. The Board also found no substantial prejudice or irreparable harm if the petition were treated as a request for removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderProcedural IssueEvidentiary IssueSubstantive RightLiabilityThreshold IssueRemoval
References
4
Case No. ADJ19555636
Regular
Jun 24, 2025

FRAMEE AMOR JONES vs. VISTA KNOLL SPECIALIZED CARE, ATHENS ADMINISTRATORS

Applicant, Framee Amor Jones, sought reconsideration of a Findings and Order from April 9, 2025, which found she did not sustain a psyche injury at work. The Workers' Compensation Administrative Law Judge (WCJ) concluded that actual events of employment were not the predominant cause of her claimed psychiatric injury. The Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. Citing Labor Code sections regarding the 60-day action period and the burden of proof for psychiatric injury causation, the Board affirmed the WCJ's credibility determinations and found no substantial evidence to overturn them. Consequently, the Board denied the applicant's Petition for Reconsideration.

Workers Compensation Appeals BoardPsychiatric InjuryPredominant CausePreponderance of EvidencePetition for ReconsiderationFindings and OrderAdministrative Law JudgeOccupational Therapy AssistantIndustrial CausationActual Events of Employment
References
5
Case No. ADJ2494845
Regular
Feb 03, 2011

DONALD STENERSEN vs. TWR FRAMING/TWR ENTERPRISES, INC., CHARTIS COSTA MESA

In *Stenersen v. TWR Framing*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as untimely. The applicant filed the petition more than 25 days after the Workers' Compensation Judge's decision was served, exceeding the jurisdictional 20-day filing period (plus potential mailing extension). The WCAB emphasized that the timely filing of a reconsideration petition is a jurisdictional requirement. Therefore, the Board lacked the authority to grant a petition filed outside the statutory timeframe.

WCABPetition for ReconsiderationUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013WCAB Rule 10507Jurisdictional Time LimitWCJ DecisionDismissal OrderWorkers' Compensation Appeals Board
References
6
Case No. ADJ1499047 (SAC 0273786)
Regular
Feb 07, 2011

ROBERT DOVE vs. CONTRACTOR'S LABOR POOL/PRODUCTION FRAMING, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, LIBERTY MUTUAL

The Appeals Board granted the applicant's petition for removal, reversing a prior order that denied rejoining CIGA. The applicant sustained a shoulder and spine injury and claims psychiatric sequelae, alleging general employment by Contractors Labor Pool (CLP), insured by CIGA via California Compensation Insurance Company in liquidation, and special employment by Production Framing Systems (PFS), insured by Liberty Mutual. Because the applicant may have worked for CLP for over six months but less than six months for PFS, CIGA is a necessary party to determine liability for potential psychiatric injury, as Labor Code section 3208.3(d) has specific six-month employment requirements. The Board rejoined CIGA to protect its due process rights and promote judicial economy, allowing it to participate in the adjudication of these complex liability issues.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceGeneral EmploymentSpecial EmploymentCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 3208.3(d)Psychiatric InjuryLiberty Mutual Insurance CompanyContractors Labor Pool
References
1
Case No. MISSING
Regular Panel Decision

Taylor v. Lehr Construction Corp.

Plaintiff was injured at a construction site when, while working, he was struck in the back by an uninstalled door frame. He commenced an action against Wood-Pro, the company hired to install the door frames, and Summerville, the manufacturer of the door frame. The jury found no negligence on the part of Wood-Pro. The court also properly granted Summerville’s motion to dismiss the action as against it, as there was no evidence of negligence or violation of duty. Plaintiff’s claims under Labor Law § 241 (6) against both defendants were also found unavailing, as neither had authority to supervise or control the plaintiff’s work, and they were not owners or general contractors.

Construction InjuryNegligencePremises LiabilityLabor LawAppellate ReviewJury VerdictComparative FaultMotion to DismissStatutory DutyContractual Duty
References
5
Case No. ADJ9364320
Regular
Jan 31, 2020

ANGELA PRINCE TAYLOR vs. COMPTON UNIFIED SCHOOL DISTRICT, LOS ANGELES UNIFIED SCHOOL DISTRICT

In this workers' compensation case, the Appeals Board granted reconsideration of the WCJ's findings regarding a stipulation between the applicant and Compton Unified School District. The Board rescinded the WCJ's order and returned the matter for further proceedings. This action was taken because the WCJ improperly framed the issues as the parties' arguments rather than actual disputes to be decided. The Board emphasized the need for clear issue framing to avoid piecemeal adjudication.

Petition for ReconsiderationStipulations with Request for Awarddate of injuryLabor Code section 5500.5res judicataWCAB jurisdictionFindings and OrderReport and Recommendationtrial levelparty defendant
References
1
Case No. ADJ629563
Regular
Jun 10, 2014

CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the trial judge's findings and returned the case for further proceedings due to a denial of due process. The trial judge decided issues not presented by the parties, preventing them from offering evidence or arguing their case. The Board found the trial judge's framing of the sole issue as "good cause to violate the MPN agreement" was insufficient and failed to resolve the lien claim's ultimate entitlement to recovery. The case will be returned to the trial level to properly frame all contested issues and allow parties to present evidence.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNLien ClaimantDue ProcessFindings and OrdersReconsiderationExpedited HearingCompromise and ReleaseLien Trial
References
9
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