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Case Law Database

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

Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
1
Case No. MON 0358052
Regular
May 05, 2008

PENNY HINES vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY

The Workers' Compensation Appeals Board dismissed Rite Aid Corporation's petition for reconsideration because it was unverified and lacked specific legal and factual support. The petition failed to meet the verification requirement of Labor Code section 5902, and the defendant did not cure this defect or provide a compelling reason for its absence. Even if the petition had been procedurally sound, the Board would have denied it based on the WCJ's report.

Petition for ReconsiderationUnverified PetitionSkeletal PetitionLabor Code Section 5902Verification DefectLucena v. Diablo Auto BodyWCJ ReportDismissalStipulationsAward Approving Stipulations
References
1
Case No. ADJ7944187
Regular
Feb 19, 2014

LISA MENDOZA vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The defendant, Rite Aid Corporation, petitioned for removal after the WCJ quashed a deposition and set an unreasonably short deadline for a vocational evaluation. The Appeals Board granted the petition, finding merit in the defendant's arguments regarding discovery limitations. The Board amended the prior orders, keeping discovery open for the vocational evaluator's report and depositions of qualified medical evaluators. This allows the defendant to fully pursue its discovery related to impairment, apportionment, and recent sub rosa video evidence.

Petition for RemovalVocational Rehabilitation AssessmentQuashed DepositionPermanent ImpairmentApportionmentSub Rosa VideoQualified Medical EvaluatorsIra CohenDiscoveryWorkers' Compensation Appeals Board
References
0
Case No. ADJ8522341
Regular
Mar 21, 2013

JULIE ROWE vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied Rite Aid Corporation's petition for reconsideration, affirming an earlier order compelling them to authorize spinal surgery. The Board found that Dr. Aryan's transmitted medical documents, including a fax cover sheet and prescriptions, collectively constituted a valid request for authorization under Labor Code section 4062(b). Defendant's arguments regarding the insufficiency of the request and Dr. Aryan's status as a consulting physician were rejected. The Board agreed with the WCJ that the defendant failed to timely object to the recommended surgery.

Rite Aid CorporationTravelers Property Casualty Company of AmericaWCABADJ8522341Petition for ReconsiderationLabor Code section 4062(b)Dr. Henry Aryanspinal surgery authorizationtreating physicianconsulting physician
References
0
Case No. GRO 0034768
Regular
Mar 07, 2008

JESSICA SMITH vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case, Jessica Smith v. Rite Aid Corporation, involves an order dismissing a petition for removal. The petitioner voluntarily withdrew their petition for removal. Consequently, the Board has dismissed the petition, rendering it ineffective and requiring no further action.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardRite Aid CorporationTravelers Property Casualty Company of AmericaTravelers Insurance CompanyGRO 0034768Frank M. BrassRick Dietrich
References
0
Case No. MISSING
Regular Panel Decision
Apr 23, 2002

Gonzalez v. Rite Aid of New York, Inc.

Plaintiff Lohengryn Gonzalez sued Rite Aid of New York, Inc. alleging disability discrimination under the Americans with Disabilities Act (ADA) for being denied a promotion due to his heart condition, and also wage and hour claims under the Fair Labor Standards Act (FLSA) and New York State Labor Law for unpaid overtime. Rite Aid moved for summary judgment, arguing Gonzalez failed to establish a prima facie discrimination case, the FLSA claim was time-barred, and supplemental jurisdiction for the state law claim should be declined. The court denied Rite Aid's motion for summary judgment, finding triable issues of fact existed for both the discrimination and wage claims. It concluded a reasonable jury could find Rite Aid discriminated against Gonzalez based on his disability (or perceived disability) and withheld overtime wages willfully.

Disability DiscriminationAmericans with Disabilities ActFair Labor Standards ActUnpaid OvertimeEmployment DiscriminationHeart ConditionPerceived DisabilitySummary Judgment MotionNew York State Labor LawWage and Hour Claim
References
25
Case No. 2025 NY Slip Op 06230 [243 AD3d 1032]
Regular Panel Decision
Nov 13, 2025

Matter of Qureshi v. Rite Aid Corp.

Claimant Abid A. Qureshi appealed a Workers' Compensation Board decision that found him in violation of Workers' Compensation Law § 114-a for making false representations. Qureshi had established claims for physical injuries and major depressive disorder, for which he received benefits. An investigation, including a review of tax returns and social media, revealed that Qureshi was involved in operating multiple businesses and had engaged in extensive travel, contradicting his claims of social withdrawal and inability to work. The Board affirmed the Workers' Compensation Law Judge's finding that Qureshi's failure to disclose these activities constituted a material misrepresentation to obtain benefits. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding of a violation of Workers' Compensation Law § 114-a.

False RepresentationWorkers' Compensation Law 114-aIndemnity Benefits DisqualificationBusiness Ownership DisclosureSocial Media EvidenceCredibility AssessmentMaterial MisrepresentationAppellate ReviewWorkers' Compensation Board DecisionTemporary Partial Disability
References
9
Case No. SBR 0297153
Regular
Dec 16, 2007

KAREN SPARKS vs. RITE AID CORPORATION, TRAVELERS PROPERTY \& CASUALTY

Rite Aid sought to disqualify the Workers' Compensation Judge (WCJ) based on an alleged consanguinity or bias towards the applicant's law firm. The Board denied the petition because consanguinity with a law firm is legally impossible, and the petition failed to provide specific facts demonstrating bias. While the WCJ noted a personal relationship with someone represented by the firm, this alone, without evidence of actual bias, was insufficient for disqualification.

Workers Compensation Appeals BoardDisqualification petitionConsanguinityAffinityCode of Civil Procedure section 641(b)Administrative Law Judge (WCJ)Rose Klein & MariasBiasDeclarationWCAB Rule 10452
References
0
Case No. 14-09-00105-CV
Regular Panel Decision
Feb 04, 2009

in Re Investment Capital Corporation and Service Corporation International

Relators Investment Capital Corporation (ICC) and Service Corporation International (SCI) filed a petition for a writ of mandamus to compel Judge Kathleen Stone of Probate Court No. 1 of Harris County to grant leave to designate SCI Funeral & Cemetary Purchasing Cooperative, Inc. as a responsible third party in a wrongful death suit. The underlying suit was initiated by the widow of Harold Israel, who suffered fatal injuries after falling in a parking garage. The trial court denied the relators' motion to designate SCI Funeral as a responsible third party. The Fourteenth Court of Appeals denied the petition for writ of mandamus, concluding that the relators had an adequate remedy at law and that the case did not present the extraordinary circumstances necessary to justify mandamus relief, distinguishing it from precedent such as In re Arthur Andersen.

Mandamus ReliefResponsible Third Party DesignationTexas Civil Practice and Remedies CodeAppellate RemedyWrongful Death SuitNegligence ClaimsGross NegligencePremises LiabilityWorkers' Compensation ActAbuse of Discretion
References
10
Case No. MDL-1446; Civil Action Nos. H-01-3624, H-02-4788 (COORDINATED)
Regular Panel Decision
Aug 24, 2007

In Re Enron Corporation Securities, Derivative

This multidistrict litigation involves claims against the Outside Directors of Enron Corporation following its collapse. Plaintiffs, including various Ohio Retirement Systems, alleged negligent misrepresentation, aiding and abetting common law fraud, and violations of Section 18 of the Securities Exchange Act of 1934. The Outside Directors sought to dismiss all claims, arguing that Rule 9(b) heightened pleading standards applied and that claims were time-barred. The court granted dismissal for the aiding and abetting common law fraud claims but denied it for Section 18 and negligent misrepresentation, providing plaintiffs 30 days to amend their pleadings to meet particularity requirements for actual reliance and fraudulent intent, given the complexity of the alleged fraud. The court also clarified that outside directors who signed SEC-filed documents containing misrepresentations may be liable under Section 18.

Securities FraudNegligent MisrepresentationAiding and AbettingRule 9(b) PleadingPSLRASection 18 LiabilityOutside Director LiabilityStatute of LimitationsInquiry NoticeCorporate Governance
References
118
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