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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. ADJ2373766 (AHM 0114662)
Regular
Mar 10, 2009

DENNIS HAWKINS vs. WERNER ENTERPRISES; ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (Board) granted reconsideration on its own motion after a lien claimant's petition was untimely considered. The Board found that the initial dismissal of the lien claimant's lien was improper as the Administrative Law Judge (ALJ) did not consider the lien claimant's timely objection. While the lien claimant's petition for reconsideration was dismissed as it sought review of a non-final order, the Board amended the ALJ's dismissal order. The matter was returned to the ALJ for further proceedings on the lien claimant's objection.

Lien ClaimantPetition for ReconsiderationNotice of Intent to DisallowWCJ Order Dismissing LienCompromise and ReleaseIndustrial InjuryDue ProcessStatutory Time PeriodBoard Motion ReconsiderationInterlocutory Order
References
5
Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983
Regular
Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

This case involved multiple consolidated workers' compensation claims where the Board initially denied reconsideration of an order dismissing Pinnacol Assurance for lack of personal jurisdiction. The Appeals Board is now granting reconsideration on its own motion to correct clerical errors in its prior opinion. Specifically, the Board failed to list all nine adjudication file numbers and did not serve all affected applicants. The decision after reconsideration affirms the original denial of reconsideration but amends the opinion to include all case numbers.

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion
References
0
Case No. ADJ559742 (LAO 0886579) ADJ2524675 (LAO 0886580)
Regular
Oct 18, 2010

Maureen Simmons vs. TELEPACIFIC COMMUNICATIONS, HARTFORD WORK COMP PROGRAM, GALLAGHER BASSETT SERVICES

The Appeals Board dismissed the applicant's untimely petition for reconsideration of the WCJ's August 19, 2010 Findings and Orders denying benefits. However, the Board granted reconsideration on its own motion due to the applicant's inability to attend trial approximately 400 miles from her home and her claim that her attorney failed to inform the court. The Board rescinded the WCJ's decision and returned the matter for further proceedings, also noting the applicant's request for a change of venue due to hardship.

Workers' Compensation Appeals BoardTelepacific CommunicationsHartford Work Comp ProgramGallagher Bassett ServicesPetition for ReconsiderationDismissing PetitionGranting ReconsiderationDecision After ReconsiderationFindings and OrdersAdministrative Law Judge
References
6
Case No. MON 0305297
Regular
Oct 01, 2007

JUANA RIVERA vs. HILLARY GREENE-PAE, FARMERS INSURANCE GROUP/FIRE INS.

The Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's decision to admit defense medical reports and award 21% permanent disability for back and neck injuries. The Board found the defense medical opinions more persuasive than the applicant's and affirmed no industrial injury to the left knee or psyche. Finally, the Board granted reconsideration on its own motion solely to correct a clerical error in the permanent disability indemnity amount.

AME/QME danceLabor Code 4061/4062Permanent and StationaryPre-existing conditionSlip-and-fall injuryBrain CT scansPsychiatric symptomatologyPost-concussion syndromeMajor Depressive DisorderIndustrial causation
References
3
Case No. ADJ4016078 (VNO 0461399)
Regular
Oct 10, 2014

David Snow vs. South Coast Sheet Metal, STATE COMPENSATION INSURANCE FUND

The applicant's petition for reconsideration of a stipulated workers' compensation award was dismissed as untimely, filed 33 days after the award was served. However, the Appeals Board granted reconsideration on its own motion within the 60-day statutory period. The Board rescinded the original award and returned the case to the judge for further proceedings. This action bypasses the applicant's tardy petition while allowing the Board to review the case based on the applicant's claims of pressure and lack of prior medical evaluation.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulated AwardIndustrial InjuryRight Lower ExtremityReflex Sympathetic DystrophyHerniaTemporary DisabilityPermanent DisabilityUntimely Petition
References
4
Case No. ADJ9428267
Regular
Jul 07, 2018

JOHNNY CORTEZ vs. LES SCHWAB TIRE, INC.

The Appeals Board dismissed Johnny Cortez's untimely petition for reconsideration of a stipulated award, as it was filed more than 25 days after the WCJ's decision. However, the Board granted reconsideration on its own motion within the statutory 60-day period. The Board rescinded the original award and returned the case to the WCJ for further proceedings to determine if the stipulations should be approved. This action was taken to address the applicant's claims regarding incorrect temporary disability payments and improper notification of PQME rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeStipulated AwardTemporary Disability IndemnityPanel Qualified Medical EvaluatorPermanent DisabilityTimelinessJurisdictional Time LimitReconsideration on Own Motion
References
2
Case No. ADJ3314150 (LBO 0297361)
Regular
Nov 03, 2008

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board dismissed the defendant's petition for reconsideration of the order denying a deposition, as it was not a final decision. However, removal was granted to allow for further proceedings at the trial level to determine if good cause exists for another deposition. Additionally, the Board granted reconsideration on its own motion and rescinded a subsequent award due to the WCJ exceeding their jurisdiction while a reconsideration petition was pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDepositionApplicantDefendantWCJLabor Code section 5900Final OrderDiscovery
References
5
Case No. ADJ1799490 VNO 0531984 ADJ1619817 VNO 1619817
Regular
Feb 01, 2013

TONI PARKER vs. WARNER BROTHERS STUDIOS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

In Case No. ADJ1799490, the Appeals Board granted reconsideration and rescinded the WCJ's award, returning the case for further proceedings because Warner Brothers' due process rights were violated by a lack of service of rating instructions and the DEU rating. In Case No. ADJ1619817, the Board dismissed Warner Brothers' reconsideration petition as untimely but granted removal on its own motion to clarify administrative responsibility. The Board affirmed the WCJ's findings in ADJ1619817 but deferred the designation of the administering defendant, also returning it for trial-level determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDue ProcessRating InstructionsDisability Evaluation UnitDEUPermanent DisabilityIndustrial InjuryBilateral Upper Extremities
References
0
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
18
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