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

Case No. ADJ466190 (STK 0151971) ADJ1336532 (STK 0151973) ADJ2603667 (STK 0151974)

Regular

Apr 21, 2009

Rosie Matz vs. GALT JOINT UNION ELEMENTARY SCHOOL

This case involves Rosie Matz seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding a May 8, 1997 injury. The WCJ awarded 17% permanent disability for a low back and neck injury but found no permanent disability for a May 16, 1995 low back injury. Matz contended the WCJ erred by not awarding permanent disability for a claimed left knee injury sustained in the 1997 incident. However, the WCAB denied reconsideration because prior final determinations had already established that Matz did not sustain industrial injury to her knees. Therefore, the issue of knee injury was precluded from further litigation under the doctrine of law of the case.

Rosie MatzGalt Joint Union Elementary SchoolPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLow Back InjuryNeck InjuryLeft Knee InjuryCumulative Trauma

References

Case No. ADJ8148941, ADJ10076883

Regular

Nov 25, 2015

ROSIE DIAZ vs. PROFESSIONAL EXCHANGE SERVICE, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Rosie Diaz's Petition for Reconsideration. The dismissal was based on the petition being untimely filed, exceeding the statutory 25-day filing period. The Appeals Board lacks jurisdiction to consider petitions filed after this jurisdictional deadline. Had the petition been timely, it would have been denied on the merits as outlined in the WCJ's report.

Petition for ReconsiderationTimelinessJurisdictionalDismissedLabor CodeCalifornia Code of RegulationsWCJAppeals BoardService by MailBusiness Day Extension

References

Case No. ADJ4475270 (LBO 0358860) ADJ4019009 (LBO 0397399)

Regular

Mar 06, 2014

ROSIE VILLARINO vs. SURETY PROPERTY, AMERICAN CLAIMS SAN DIEGO, AMERICAN COMMERCIAL

In *Villarino v. Surety Property*, the Workers' Compensation Appeals Board (WCAB) dismissed the Applicant's Petition for Reconsideration as untimely. The WCAB adopted the administrative law judge's report, finding the petition was filed more than 25 days after the September 24, 2013, Findings of Fact and Award. Specifically, the petition exceeded the 20-day filing period plus 5 days for mail service. Had the petition been timely, the WCAB would have denied it on the merits, as indicated by the judge's report.

Workers' Compensation Appeals BoardPetition for Reconsiderationadministrative law judgeWCJReport and RecommendationuntimelyFindings of Fact and AwardLabor Code section 5903Code of Civil Procedure section 1013dismiss

References

Case No. MISSING

Regular Panel Decision

Jan 15, 2013

McGinley v. Mystic West Realty Corp.

Plaintiff Jenice McGinley alleged a slip and fall injury due to a leaking garbage bag in front of a church. Defendants Mystic West Realty Corp. and Trel Restaurant Inc., operating as Rosie O’Grady’s, moved for summary judgment, asserting they had no statutory duty to maintain the sidewalk and did not place garbage there. The Supreme Court initially denied their motion. However, the appellate court reversed this decision, granting summary judgment to the defendants. The court found defendants made a prima facie showing of entitlement to judgment, and the church's opposing affidavits, largely hearsay, were insufficient to raise a genuine issue of material fact regarding the defendants' responsibility for the garbage or the sidewalk. The court also noted that the plaintiffs' assertions were mere conclusions without admissible proof.

Summary JudgmentPremises LiabilitySlip and FallSidewalk MaintenanceGarbage DisposalHearsay EvidencePrima Facie ShowingAppellate ReversalNew York LawTort Law

References

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Rosie Matz vs. GALT JOINT UNION ELEMENTARY SCHOOL

Rosie MatzGalt Joint Union Elementary SchoolPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLow Back InjuryNeck InjuryLeft Knee InjuryCumulative Trauma

ROSIE DIAZ vs. PROFESSIONAL EXCHANGE SERVICE, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Petition for ReconsiderationTimelinessJurisdictionalDismissedLabor CodeCalifornia Code of RegulationsWCJAppeals BoardService by MailBusiness Day Extension

ROSIE VILLARINO vs. SURETY PROPERTY, AMERICAN CLAIMS SAN DIEGO, AMERICAN COMMERCIAL

McGinley v. Mystic West Realty Corp.

Summary JudgmentPremises LiabilitySlip and FallSidewalk MaintenanceGarbage DisposalHearsay EvidencePrima Facie ShowingAppellate ReversalNew York LawTort Law