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

Case No. ADJ7875152
Regular
Mar 24, 2016

ROSALIE LATCHISON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves a dispute over a workers' compensation claim for an instructional aide injured on March 8, 2011. The initial award found a 39% permanent disability, but the employer sought reconsideration, arguing the admitting of a medical report and setting aside a wage stipulation were errors. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case to the trial level. The Board confirmed the injury to the low back and gastrointestinal system, found a need for future medical treatment, but deferred all other issues including average weekly wage calculation and permanent disability.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictRosalie LatchisonInstructional AideLow Back InjuryGastrointestinal System InjuryPermanent DisabilityMandatory Settlement ConferencePetition for ReconsiderationLabor Code Section 5502(d)(3)
References
0
Case No. ADJ2380068 (AHM 0102888) ADJ4704159 (AHM 0120563) ADJ2217428 (AHM 0106492)
Regular
Mar 09, 2011

ROSALIE SEE vs. REMAX REAL ESTATE, BENEFICIAL SERVICES; HIGHLAND INSURANCE COMPANY GLENDALE

This case involves applicant Rosalie See's second petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was a successive filing and the previous petition had already been denied. Additionally, the WCAB found the underlying order compelling medical evaluation was interlocutory, not a final decision, and therefore not subject to reconsideration. Applicant must now pursue a writ of review if they wish to challenge the Board's ruling.

ReconsiderationDismissalPetitionWCJ OrderMedical EvaluationInterlocutory OrderFinal OrderSubstantive RightsSuccessive PetitionWrit of Review
References
8
Case No. MISSING
Regular Panel Decision
Oct 13, 1999

Piccuillo v. Bank of New York Co.

This case involves an electrician, referred to as the plaintiff, who fell into a hand-hole during renovation work and subsequently filed claims under Labor Law §§ 240(1), 241(6), and 200. The Supreme Court, New York County, granted summary judgment to defendants Rosalie Katz, Bank of New York Company, and Dorff Construction Co., dismissing the plaintiff's Labor Law claims against them, and denied the plaintiff's cross-motion to amend his bill of particulars. The court determined that the accident was not caused by "elevation-related hazards" or hazardous openings requiring covers under the Industrial Code, thus dismissing the Labor Law §§ 240(1) and 241(6) claims. Furthermore, the Labor Law § 200 claim against Dorff Construction Co. was dismissed due to a lack of control and supervision by the general contractor over the plaintiff or the worksite. The Appellate Division unanimously affirmed the Supreme Court's order.

Summary JudgmentLabor LawWorkplace SafetyConstruction AccidentHand-hole fallElevation-related hazardsIndustrial CodeGeneral Contractor liabilityPersonal InjuryAppellate Division
References
3
Case No. ADJ1345018
Regular
Dec 03, 2012

ROSALIE B. WHITE vs. ABC DESIGN & MARKETING, INC.

The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision. The WCJ found the applicant failed to meet her burden of proof to establish an industrial injury. The applicant's testimony was found to be inconsistent and not credible, with her subsequent correspondence indicating threats rather than genuine complaints. The Board gave great weight to the WCJ's credibility findings, thereby upholding the denial of the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.burden of proofindustrial injurypsyche injuryheadachesstressright hand injury
References
1
Case No. ADJ2380068 (AHM 0102888), ADJ4704159 (AHM 0120563), ADJ2217428 (AHM 0106492)
Regular
Jan 14, 2020

ROSALIE SEE vs. BENEFICIAL SERVICES, INC., HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the factual and legal issues in this case. The WCAB rescinded the Workers' Compensation Judge's (WCJ) decision and returned the matter to the trial level for further proceedings. This action was taken because the record required further development to resolve applicant's claims regarding unpaid temporary total disability (TTD) indemnity from August 21, 2007, to September 22, 2009, and the correct TTD rate for that period. Additionally, the WCAB noted the need to determine if any permanent disability indemnity remains unpaid under a prior award, reserving judgment on applicant's claims for penalties and attorney's fees.

Workers' Compensation Appeals BoardReconsiderationTemporary Total Disability (TTD)Permanent and Stationary (P&S) datePetition to TerminateLabor Code Section 4661.5Labor Code Section 5814PenaltiesAttorney's FeesJoint Findings and Award
References
0
Case No. ADJ7251132
Regular
May 18, 2015

ROSALIE ALVAREZ vs. BAH CALIFORNIA, PMA, administered by GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) denied Monrovia Memorial Hospital's petition for reconsideration. The lien claimant argued due process violations regarding penalties, interest, and excluded evidence. However, the WCAB adopted the judge's report, denying reconsideration of the original order. The WCAB also clarified that the Notice of Intention to Impose Sanctions is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings and OrderEvidentiary RulingNotice of Intention to Impose SanctionsDue ProcessFinal OrderInterlocutory OrderSanctions
References
4
Case No. ADJ4704159 (AHM 0120563), ADJ2380068 (AHM 0102888), ADJ2217428 (AHM 0106492)
Regular
May 11, 2012

ROSALIE SEE vs. BENEFICIAL SERVICES, HIGHLANDS INSURANCE COMPANY, EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury. The Board is also giving notice of its intent to impose sanctions against defendant's attorney and law firm. This action is due to the defendant's attorney filing a petition for reconsideration that violated procedural rules, including attaching previously filed documents and exceeding the page limit. The Board will address the merits of the petition after a sanctions determination.

Workers' Compensation Appeals BoardJoint Findings and AwardIndustrial InjurySpineBilateral KneesPermanent DisabilityApportionmentAgreed Medical EvaluatorQualified Medical EvaluatorSubstantial Evidence
References
0
Case No. ADJ4704159 (AHM 0120563) ADJ2217428 (AHM 0106492) ADJ2380068 (AHM 0102888)
Regular
Feb 07, 2011

ROSALIE SEE vs. REMAX REAL ESTATE, BENEFICIAL SERVICES; EMPLOYERS COMP GLENDALE

The applicant sought to remove a WCJ's order compelling a medical evaluation. Applicant argued a prior agreed medical evaluation with a defendant-approved evaluator should suffice, preventing a second evaluation. The Appeals Board denied removal, finding the applicant failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy, and reconsideration will be adequate if necessary.

Petition for RemovalJoint Order Compelling AttendanceMedical EvaluationAgreed Medical Evaluator (AME)Highland Insurance CompanyExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ
References
2
Case No. MISSING
Regular Panel Decision

Dunn v. Catholic Home Bureau for Dependent Children

This case involves a plaintiff seeking damages for wrongful deprivation of child custody and social work malpractice against the Catholic Home Bureau for Dependent Children and Sister Rosalie Gilson. The court denied the defendants' cross-motion to dismiss the complaint, affirming the viability of both causes of action. The plaintiff's attempt to amend the complaint by adding various religious organizations and an individual as new defendants was unsuccessful due to a lack of sufficient factual basis for their alleged involvement or supervisory capacity. However, the court granted the plaintiff's motion to compel the defendants to respond to a demand for insurance agreements.

Child Custody DeprivationSocial Work MalpracticeAmended Complaint MotionMotion to Dismiss ComplaintDiscovery OrderInsurance DisclosureRespondeat Superior LiabilityProfessional Misconduct AllegationsParental Rights InterferenceAgency Supervision
References
6
Case No. ADJ6623550
Regular
Sep 27, 2012

Judy Vasquez vs. FIDELITY FINANCIAL, THE HARTFORD, administered by Sedgwick Claims Management Services, Inc.

Here are the summaries for the two cases: **Vasquez v. Fidelity Financial:** The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision that Judy Vasquez sustained 20% permanent disability for a cumulative trauma injury to her hands and wrists. The Board found that the Qualified Medical Evaluator reports relied upon by the judge constituted substantial medical evidence. Applicant's contention that the judge erred by not finding injury to her back was also rejected. **White v. ABC Design & Marketing, Inc.:** The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's finding that Rosalie White failed to meet her burden of proof for an industrial injury. The judge found the applicant's testimony regarding injury to her psyche, headaches, stress, and right hand lacked credibility. The decision was based on inconsistencies in the applicant's account and a lack of credible evidence to support her claim of workplace-caused disability or need for medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityApportionmentCumulative TraumaBusiness AnalystQualified Medical EvaluatorSubstantial Medical EvidenceWCJ Report and RecommendationPetition for Reconsideration
References
4
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