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

Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. ADJ9316587
Regular
May 13, 2014

TORI BLEVINS vs. ELIZABETH J. TILLEY, STATE FARM INSURANCE COMPANY

This case concerns applicant Tori Blevins' petition to change venue from the San Luis Obispo District Office to the Santa Barbara satellite office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's decision. The WCAB concluded that only "district offices," not "satellite offices," are considered for venue determination under Labor Code section 5501.5. This distinction is based on the full staffing, extensive facilities, and daily operations of district offices, contrasting with the limited resources of satellite offices. The WCAB found no basis to overturn the administrative construction that Santa Barbara's office is a satellite, not a district, office.

Petition for RemovalVenueDistrict OfficeSatellite OfficeWorkers' Compensation Appeals BoardLabor Code Section 5501.5Department of Workers' CompensationAdministrative ConstructionContemporaneous Administrative ConstructionDWC Newsline
References
4
Case No. ADJ9316586
Regular
Apr 25, 2014

JANET BLACKBURN, JANET LEE BLACKBURN vs. FRENCH HOSPITAL, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied removal in *Blackburn v. French Hospital*, upholding the Administrative Law Judge's (ALJ) decision to deny a change of venue. The WCAB deferred to the Division of Workers' Compensation's (DWC) distinction between "district offices" and "satellite offices" for venue purposes. This distinction is based on the operational capacity and staffing of these offices, with only district offices being considered for venue under Labor Code section 5501.5. The WCAB found the Santa Barbara office to be a satellite facility, not a district office, and therefore not a basis for changing venue.

Petition for RemovalVenueDistrict OfficeSatellite OfficeLabor Code Section 5501.5Administrative ConstructionContemporaneous ConstructionDeferenceStatutory InterpretationWorkers' Compensation Appeals Board
References
8
Case No. ADJ10823002
Regular
Sep 11, 2017

JEANETTE GONZALEZ vs. DEPARTMENT OF SOCIAL SERVICES - INHOME SUPPORT SERVICES, YORK RISK SERVICES GROUP, INC.

This case concerns a venue dispute where the applicant initially filed in Van Nuys, based on her attorney's office location. The defendant, Department of Social Services, objected within the statutory 30-day period and requested a transfer to Sacramento. The WCAB granted the defendant's Petition for Removal, finding that forcing the defendant to attend a status conference on the venue issue would cause prejudice. The WCAB then rescinded the WCJ's order setting the status conference and granted the defendant's petition to transfer the case to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Setting Status ConferencePetition to Change VenueVenue PetitionLabor Code section 5501.5attorney's principal place of businessprejudiceirreparable harmmandatory venue transfer
References
1
Case No. ADJ7722509
Regular
Jul 29, 2014

MORENA ARTIGA vs. SAN MATEO COUNTY TRANSIT DISTRICT

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. This action is taken to allow the WCAB further opportunity to thoroughly review the factual and legal issues presented. The purpose of this reconsideration is to ensure a complete understanding of the record for a just and reasoned decision. All future filings related to this case must be submitted in writing to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers' Compensation Appeals BoardReconsideration GrantedSan Mateo County Transit DistrictPetition for ReconsiderationFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemWCABADJ7722509Morena Artiga
References
0
Case No. ADJ2419784 (LBO 0367096) ADJ2075423 (LBO 0367097) ADJ2337471 (LBO 0367098)
Regular
Nov 12, 2014

ANTHONY DE FAZIO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior Joint Findings and Award. The WCAB found it necessary to further study the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all future communications must be filed in writing with the WCAB Commissioners' office, not district offices or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGRANTINGJoint Findings and Award and Orderstatutory time constraintsfactual and legal issuesDecision After Reconsiderationfurther proceedingsOffice of the CommissionersElectronic Adjudication Management System
References
0
Case No. ADJ7006852
Regular
Aug 28, 2015

FREDERICK DRAPER III vs. WEST COVINA SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a June 11, 2015 decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of factual and legal issues. The WCAB aims to achieve a complete understanding of the record and issue a just decision after further proceedings. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners' office, not district offices, and e-filing through EAMS is prohibited for these documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level Documents
References
0
Case No. ADJ10121570
Regular
Oct 28, 2016

Tracy Baker vs. Foothill De Anza Community College District

In Case No. ADJ10121570, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision regarding applicant Tracy Baker and defendant Foothill De Anza Community College District. The WCAB found reconsideration necessary to allow further study of the factual and legal issues involved. This grant suspends any action by the Workers' Compensation Judge (WCJ) on the matter. All subsequent filings related to the reconsideration petition must be submitted directly to the WCAB Commissioners in San Francisco, not to the district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsCommissioners of the Workers' Compensation Appeals BoardElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ7192006
Regular
Apr 01, 2014

GENE GOODREAU vs. LAW OFFICES OF MARC ELLIOTT GROSSMAN, THE HARTFORD

This case concerns a Petition for Reconsideration filed by the defendant, Law Offices of Marc Elliott Grossman and The Hartford, regarding a prior Findings and Award. The Workers' Compensation Appeals Board (WCAB) granted the petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a comprehensive understanding of the record and facilitate a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office in San Francisco, not with any district office or via e-filing.

Petition for ReconsiderationFindings and AwardStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemWCABLos Angeles District Office
References
0
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