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

Case No. ADJ859899
Regular
Feb 25, 2011

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING, UNISURED EMPLOYERS FUND

This case concerns a second petition for reconsideration filed by the defendant, Rigoberto Uriarte DBA Rigo's Plastering, challenging both the original administrative law judge's decision and the Board's prior denial of reconsideration. The Workers' Compensation Appeals Board dismissed the petition as legally impermissible, citing precedent that prohibits successive petitions after a decision has been rendered. The defendant's sole recourse after the Board's denial was to petition for a writ of review.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalConsecutive PetitionSuccessive PetitionWrit of ReviewWCJ DecisionBoard DecisionCrowe Glass CompanyNavarro v. A&A Farming
References
4
Case No. MISSING
Regular Panel Decision

Operative Plasterers & Cement Masons International Ass'n v. International Brotherhood of Painters & Allied Trades

This case involves an ongoing jurisdictional dispute between the Operative Plasterers & Cement Masons International Association (Plasterers Local 530) and the International Brotherhood of Painters and Aided Trades (Painters Local 1486) concerning 'skimcoating' work at the Nordstrom’s Project. The Plasterers initiated the action after the contractor, Island Taping, Inc., hired the Painters' Local 1486 instead of Local 530. After local and national arbitration attempts failed to resolve the arbitrability issue, the Plasterers requested the District Court to either compel arbitration or assume jurisdiction to decide the dispute and sought a preliminary injunction. The Court ruled that the question of arbitrability was not clearly delegated to the arbitrator and must be decided independently by the Court. A hearing has been ordered to determine if Local 1486 is affiliated with the New York Plan, which would establish arbitrability. The Court also denied the request for a preliminary injunction due to a lack of demonstrated irreparable harm.

jurisdictional disputelabor unionsarbitrationNational Labor Relations Actpreliminary injunctionarbitrabilityunion affiliationskimcoating workconstruction industryfederal court jurisdiction
References
9
Case No. MISSING
Regular Panel Decision

Operative Plasterers & Cement Masons International Ass'n Local 202 v. Board of Trustees of the Plastering Industry Welfare & Pension Trust Funds

This case addresses a dispute between two union locals, Local 202 and Local 60, both affiliated with the Operative Plasterers and Cement Masons International Association. Following Local 60's termination of a reciprocal agreement that facilitated the exchange of benefit contributions for members working outside their home jurisdiction, Local 202 sued, alleging violations of the Labor Management Relations Act (LMRA) and ERISA. The court found that Local 60's refusal to transfer contributions created a 'structural defect' in its benefit plans, which prevented Local 202 members from receiving benefits earned by their labor within Local 60's jurisdiction. Citing the 'sole and exclusive benefit' provision of the LMRA, the court concluded that reciprocity was legally required to prevent unjust enrichment. Consequently, the court granted Local 202's motion for summary judgment and denied Local 60's.

Union DisputeBenefit FundsEmployee BenefitsReciprocal AgreementLabor Management Relations ActERISAStructural DefectSummary JudgmentUnjust EnrichmentInter-union Agreement
References
6
Case No. ADJ859899 (LBO 0374978)
Regular
Oct 25, 2010

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING; UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board dismissed Rigoberto Uriarte's petition for reconsideration. The defendant's petition was found to be impermissibly skeletal, lacking specific references to the record and legal authority as required by California Code of Regulations. The Board cited regulations outlining the necessary components of a petition for reconsideration, including stating material evidence and clearly setting forth contentions. As the defendant failed to meet these procedural requirements, their petition was dismissed.

Workers' Compensation Appeals BoardRigoberto UriarteRigo's PlasteringUninsured Employers FundPetition for ReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilitySkeletal PetitionCalifornia Code of Regulations
References
0
Case No. ADJ12376717
Regular
Mar 28, 2023

RONNIE JOHNSON vs. FUTURE PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order dismissing a Petition for Removal. The petitioner, Future Plastering, Inc. and its insurer, Insurance Company of the West, voluntarily withdrew their petition. Therefore, the WCAB dismissed the petition for removal of the August 24, 2022 decision.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardFuture PlasteringInsurance Company of the WestRonnie JohnsonAdjudication NumberVan Nuys District OfficeOpinion and Order
References
0
Case No. ADJ7370794
Regular
Nov 27, 2013

ALFREDO MONROY vs. CALIFORNIA PLASTERING, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's prior decision in Monroy v. California Plastering, Inc. The Board returned the matter for further proceedings and decision by the WCJ, as the prior decision was not a final determination on the merits. The Board noted that a preliminary injunction regarding lien activation fees was not relevant in this case as the fee had been paid.

Workers' Compensation Appeals BoardReconsiderationWCJPreliminary injunctionLien activation feeAngelotti ChiropracticRescindedFurther proceedingsTrial levelAlfredo Monroy
References
1
Case No. ADJ7970442
Regular
Jul 17, 2013

JOSE AMAYA vs. RIGO'S CUSTOM FURNITURE, INC., PUBLIC SERVICE MUTUAL INSURANCE COMPANY

This case concerns applicant Jose Amaya's claim for workers' compensation benefits, alleging injury to his hernia, back, and extremities while employed as a carpenter. The defendant, Rigo's Custom Furniture, Inc., sought reconsideration of the administrative law judge's (WCJ) decision, primarily arguing the applicant failed to meet his burden of proof and that the claim was barred by the post-termination defense. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's report. The WCAB found that even if the applicant was terminated on August 5, 2011, the post-termination defense would not apply because the concurrence of disability and knowledge occurred after that date, falling within a statutory exception.

Post-termination defenseLabor Code section 3600(a)(10)(D)Petition for ReconsiderationWorkers' Compensation Appeals BoardApplicantDefendantWCJcumulative injuryherniaupper extremities
References
3
Case No. ADJ4657834 (SFO 0500292)
Regular
Jun 07, 2010

LILIA LLERANDI CHAPITAL, GUSTAVO HILDALGO (Deceased) vs. DWIGHT JEFFERS, aka DWIGHT E. JEFFERS, individually and as a substantial shareholder of DEJ ENTERPRISES a NEVADA CORPORATION, illegally uninsured, EXPERT PLASTERING INC. and CALIFORNIA INSURANCE COMPANY, BEHLER ASSOCIATES INC. dba BEHLER CONSTRUCTION and STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision granted reconsideration to amend a finding. The Board affirmed that the deceased was employed by Dwight Jeffers, individually and uninsured, and not by Expert Plastering, DEJ Enterprises, or Behler Construction. The Court rejected the argument that Labor Code section 2750.5 compelled a finding of employment with Behler due to Jeffers's lack of license, as Jeffers was not a subcontractor of Behler.

WCABdeclaratory reliefsole jurisdictiongeneral employmentspecial employmentalter ego doctrinedual employmentjoint employmentLabor Code section 2750.5unlicensed contractor
References
3
Case No. MISSING
Regular Panel Decision

Mejia v. Trustees of Net Realty Holding Trust

The third-party defendant, Plaster Master, appealed an order and judgment from the Supreme Court, Queens County, which had denied its motion for judgment as a matter of law on a contractual indemnification claim. The lower court had found Plaster Master contractually obligated to indemnify Kimco Realty Services, Inc., the general contractor, in a case stemming from a personal injury lawsuit by a Plaster Master employee. The appellate court found the indemnification provision in the contract, drafted by Kimco, to be ambiguous. Due to the ambiguity and lack of clarifying parol evidence, the court resolved the ambiguity against Kimco. Consequently, the appellate court reversed the lower court's order, granted Plaster Master's motion, and dismissed Kimco's third-party claim for contractual indemnification.

Contractual IndemnificationAmbiguity in ContractParol EvidenceConstruction LawAppellate ReviewWorkers' Compensation LawGeneral ContractorSubcontractor LiabilityMeeting of the MindsThird-Party Action
References
6
Case No. MISSING
Regular Panel Decision
Aug 24, 1990

Public Administrator v. Trump Village Construction Corp.

The plaintiff's decedent, an employee of subcontractor Crown Plastering Corp., suffered fatal injuries after falling from scaffolding during a renovation project. The court affirmed an order that granted partial summary judgment to the plaintiff Public Administrator regarding the liability of general contractor Charles Construction Corp. under Labor Law § 240 (1). It also affirmed partial summary judgment for property owner Trump Village Construction Corp. and lessee Manufacturers Hanover Trust Co. against Charles Construction Corp. for common-law indemnity, finding their liability vicarious. Charles Construction Corp.'s motion for summary judgment against subcontractor Crown Plastering Corp. was denied due to unresolved factual issues regarding comparative fault.

Summary JudgmentLabor Law § 240(1)Scaffolding AccidentWorker FallVicarious LiabilityCommon-Law IndemnityGeneral ContractorSubcontractor LiabilityProximate CauseAppellate Affirmation
References
11
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