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

Case No. ADJ7350398
Regular
Feb 13, 2012

ROGELIO LIMA vs. MICHAEL ROLFING, EARL ROLFING, STATE FARM FIRE & CASUALTY COMPANY

This case involves Rogelio Lima's workers' compensation claim against Michael Rolfing. The core dispute was whether Lima qualified as Rolfing's employee, specifically if he worked the minimum 52 hours in the 90 days prior to his injury. The Administrative Law Judge (WCJ) found that Lima was an employee, calculating sufficient hours based on testimonial and documentary evidence. Rolfing petitioned for reconsideration, but the Workers' Compensation Appeals Board (WCAB) denied it, affirming the WCJ's credibility findings and decision. The WCAB adopted the WCJ's report and rationale, thereby upholding the finding of employment.

Workers' Compensation Appeals BoardRogelio LimaMichael RolfingEarl RolfingState Farm Fire & Casualty CompanyADJ7350398Pomona District OfficePetition for ReconsiderationWCJ reportGarza v. Workmen's Comp. Appeals Bd.
References
0
Case No. MISSING
Regular Panel Decision
Jun 13, 1986

Lima v. County of Rockland

John J. Lima, a volunteer firefighter, sustained injuries after falling six stories during a "fireman’s rope slide" at a training center operated by the County of Rockland. He alleged negligence by the county for failing to provide safety netting and promulgate proper safety rules, leading to his personal injuries. The County of Rockland sought summary judgment, arguing that the Volunteer Firefighters’ Benefit Law § 19 provided an exclusive remedy, thereby barring Lima's common-law tort action. The Supreme Court denied this motion, and on appeal, the order was affirmed. The Appellate Division held that the county was not covered by the exclusive remedy provisions of VFBL § 19(2) or § 19(3), as the Village of Haverstraw Fire Department's participation in a mutual aid plan did not constitute "regular service" to the county, and a county does not qualify as a "person or agency" under the statute.

NegligencePersonal InjuryVolunteer FirefighterExclusive RemedySummary JudgmentMutual Aid PlanStatutory InterpretationCounty LiabilityWorkers' Compensation LawAppellate Division
References
4
Case No. 517898
Regular Panel Decision
Aug 07, 2014

MatterofLimavNewportPainting&Decorating

The claimant, Ney F. Lima, appealed a decision by the Workers' Compensation Board that ruled he did not sustain a work-related injury. Lima alleged he fell from scaffolding while painting, injuring his neck, left shoulder, and lower back. The employer controverted the claim, and a Workers' Compensation Law Judge found the employer's witness more credible than the claimant, disallowing the claim. The Board affirmed this decision and denied the claimant's request to reopen the hearing for additional testimony. The Appellate Division affirmed the Board's decision, giving deference to its credibility determination and finding no abuse of discretion in denying the request to reopen.

Scaffolding accidentNeck injuryShoulder injuryLower back injuryCredibility findingSubstantial evidenceWorkers' Compensation Board decisionReopening claimAppellate reviewDisallowed claim
References
4
Case No. MISSING
Regular Panel Decision
Jul 15, 1986

La Lima v. Epstein

Joseph La Lima, a carpenter, sustained injuries when a scaffold platform collapsed beneath him, causing him to fall. He and his wife initiated an action against Stanley Epstein (owner), J.B.G. Restaurants (lessee), and D.V.H. Construction, Inc. (general contractor) under Labor Law § 240 (1). The Supreme Court initially denied the plaintiffs' motion for partial summary judgment on liability. On appeal, the order was reversed, and the motion was granted, as the court found a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse, deeming contributory negligence irrelevant. However, cross-claims for indemnification and contribution among the defendants were not summarily resolved, as factual issues regarding fault and scaffold ownership remained, necessitating a trial for those claims.

Scaffold CollapseLabor Law § 240 (1)Personal Injury DamagesSummary JudgmentNondelegable DutyOwner LiabilityGeneral Contractor LiabilityLessee LiabilityAppellate ReviewContributory Negligence
References
12
Case No. ADJ8996451
Regular
Mar 25, 2016

ROGELIO VELASQUEZ vs. MOLOFSKY BUILDERS, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Judge's decision. The Judge correctly excluded permanent disability for sleep disturbance as the QME failed to provide an apportionment opinion as required by statute. Furthermore, the Judge properly rejected the QME's *Almaraz/Guzman* rating for the left knee injury, finding it unpersuasive and lacking in specific ADL deficits. Therefore, the Judge's original findings on permanent disability were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEpworth Scalesleep disturbancepermanent disabilityQualified Medical Evaluator (QME)apportionmentleft knee injuryAlmaraz/Guzman
References
0
Case No. ADJ9447099
Regular
Nov 09, 2015

ROGELIO MARTINEZ vs. SYSCO VENTURA INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Rogelio Martinez's Petition for Reconsideration against Sysco Ventura Inc. and Gallagher Bassett. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of service, and proof of mailing is insufficient; the document must be received by the WCAB within that period. The WCAB found the petition, filed on 09/10/2015, was significantly past the deadline following the WCJ's 07/16/2015 decision.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCABWCJLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeAppeals Board
References
4
Case No. MISSING
Regular Panel Decision

Malcolm v. Honeoye Falls Lima Central School District

Plaintiff Bernice Malcolm sued Honeoye Falls-Lima Central School District alleging unlawful discrimination based on race, sex, and age, hostile work environment, unfair scrutiny, retaliation, and breach of a Settlement Agreement. Malcolm had previously resigned and signed a Release barring all pre-July 16, 2007 claims, except for Workers' Compensation and breach of the Settlement Agreement. The District moved to dismiss, arguing the Release barred the federal claims. The Court granted the motion to dismiss, finding the discrimination and retaliation claims were covered by the Release and no post-release discrimination was alleged. The Court declined to exercise supplemental jurisdiction over the remaining state-law breach of contract claim, dismissing the Amended Complaint in its entirety.

Employment DiscriminationTitle VIINew York Human Rights LawHostile Work EnvironmentRetaliationSettlement AgreementReleaseMotion to DismissRule 12(b)(6)Supplemental Jurisdiction
References
7
Case No. FRE 0159318
Regular
Nov 05, 2007

ROGELIO RODRIGUEZ vs. AMERICAN GRAPE HARVESTERS, STATE COMPENSATION INSURANCE FUND

This case involves Rogelio Rodriguez seeking workers' compensation for injuries to his right arm and psyche. The defendant, American Grape Harvesters and State Compensation Insurance Fund, petitioned for reconsideration of a 100% permanent disability award, arguing insufficient evidence and failure to consider pre-existing factors. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found the evidence supported the 100% award and that pre-existing factors were properly addressed.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityVocational RehabilitationOrthopedic InjuryPsychiatric DisabilityAgreed Medical ExaminerQualified Medical EvaluatorApportionmentNon-Industrial Factors
References
7
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
5
Case No. ADJ11198598
Regular
Sep 02, 2025

ROGELIO MALDONADO vs. AL LOWE CONSTRUCTION, INC.; EVEREST NATIONAL INSURANCE COMPANY

The applicant, Rogelio Maldonado, sought reconsideration of a prior Findings and Orders (F&O) that denied his Petition to Reopen for New and Further Disability, arguing his increased disability was incorrectly attributed to a separate injury. The Workers' Compensation Appeals Board (WCAB) accepted the applicant's petition as timely due to delayed service of the F&O. The Board has granted the Petition for Reconsideration, referring the matter for a status conference and deferring a final decision pending further review of the merits and the entire record, citing concerns about the medical evaluator's apportionment opinion and the need for further record development.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityStipulated AwardCompromise and ReleaseApportionmentQualified Medical EvaluatorSB899Findings and OrdersDeclaration in Rebuttal to Presumption of Service
References
33
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