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Case No. ADJ7559913

Regular

Dec 04, 2019

REUBEN ALE vs. COUNTY OF LOS ANGELES, PROBATION DEPARTMENT

This case involves a Petition for Reconsideration filed by Reuben Ale that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be received by the WCAB within 25 days of service by mail, with specific rules for extensions. The Board lacks jurisdiction to consider petitions filed outside this strict deadline. Therefore, the petition was dismissed as untimely, regardless of its potential merits.

Petition for ReconsiderationUntimely FilingLabor CodeCalifornia Code of RegulationsJurisdictionalAppeals BoardWCJ DecisionService by MailProof of MailingTime Limit

References

Case No. SCR No. 40/12; SCR No. 41/12

Regular Panel Decision

Norris v. Social Services Employee Union 371

This small claims action, consolidated for trial, involved two former union staff members, Aubrey Norris and Reuben Adeshuko, suing SSEU Local 371 for alleged underpayment of severance. Claimants argued that a long-standing union practice entitled them to three weeks' severance pay upon termination, but they only received two weeks after new leadership took over on May 2, 2011. The defendant contended that the standard policy was two weeks' severance and that the new leadership formally instituted this policy on May 4, 2011. The court found no written severance policy, which violated Labor Law § 195, and concluded that the credible evidence supported the claimants' reliance on a three-week severance practice. The judgment was entered in favor of the claimants for the outstanding severance amount plus interest.

Severance Pay DisputeUnion EmploymentLabor Law ViolationStatute of FraudsOral Policy EnforcementEmployment TerminationWorkers' RightsAFSCME RegulationsConsolidated CasesNew York Courts

References

Case No. ADJ9257767

Regular

Aug 28, 2014

JILL ALES vs. DRUG ABUSE ALTERNATIVE CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMES STATE COMPANIES

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Jill Ales versus Drug Abuse Alternative Center. The Board adopted the WCJ's report as the basis for this denial. However, the Board noted that a change of venue might be considered if trial is required and specific listed witnesses must testify.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportChange of VenueDenial of RemovalDrug Abuse Alternative CenterCypress InsuranceBerkshire HathawayADJ9257767Anaheim District Office

References

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REUBEN ALE vs. COUNTY OF LOS ANGELES, PROBATION DEPARTMENT

Petition for ReconsiderationUntimely FilingLabor CodeCalifornia Code of RegulationsJurisdictionalAppeals BoardWCJ DecisionService by MailProof of MailingTime Limit

Norris v. Social Services Employee Union 371

Severance Pay DisputeUnion EmploymentLabor Law ViolationStatute of FraudsOral Policy EnforcementEmployment TerminationWorkers' RightsAFSCME RegulationsConsolidated CasesNew York Courts

JILL ALES vs. DRUG ABUSE ALTERNATIVE CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMES STATE COMPANIES

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportChange of VenueDenial of RemovalDrug Abuse Alternative CenterCypress InsuranceBerkshire HathawayADJ9257767Anaheim District Office