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

Case No. ADJ1153404 (BAK 0112784)
Regular
May 28, 2009

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

This case involves an applicant, Barbara Clark, whose petition for writ of review was denied by the Court of Appeal. The Court found her petition frivolous and intended to harass the defendant, San Joaquin Community Hospital (represented by Adventist Health System). Consequently, the Court remanded the matter to the Workers' Compensation Appeals Board (WCAB) to award attorney fees and costs against Clark. The WCAB, finding the requested fees and costs reasonable, awarded Adventist Health and its attorney $5,266.47 against Barbara Clark.

Workers' Compensation Appeals BoardRemittiturPetition for Writ of ReviewFrivolous PetitionSanctionsAttorney FeesCostsUnreasonable DelayMeritless PetitionLabor Code Section 5801
References
1
Case No. ADJ1153404
Regular
Jan 03, 2014

BARBARA DIEFENBACH, (BARBARA CLARK) vs. SAN JOAQUIN COMMUNITY HOSPITAL, Permissibly Self-Insured, Administered By ADVENTIST HEALTH SYSTEM

This case involves a petition for reconsideration filed by Barbara Diefenbach (Applicant) against San Joaquin Community Hospital. The Workers' Compensation Appeals Board (WCAB) denied the petition on its merits, adopting the reasoning of the administrative law judge. Furthermore, the petition was subject to dismissal for failure to serve all adverse parties. The Board also admonished the petitioner for procedural violations, including attaching an unauthorized medical report and filing a supplemental petition improperly.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDLabor Code section 5905WCAB Rule 10842WCAB Rule 10848sanctionsLab. Code§ 5813administrative law judge
References
3
Case No. MISSING
Regular Panel Decision

Huntington Hospital v. Huntington Hospital Nurses' Ass'n

Huntington Hospital initiated an action under the Federal Arbitration Act to partially vacate an arbitration award, while the Huntington Hospital Nurses’ Association cross-petitioned to confirm it. The dispute originated from the Hospital unilaterally granting two nurses, Betty Evans and Lynn Meyer, longevity pay credits exceeding the ten-year cap stipulated in their collective bargaining agreement (CBA). The arbitrator found the Hospital violated the CBA's sections on pay and exclusive bargaining rights. The arbitrator mandated the Hospital roll back excess credits and recover overpayments. The District Court denied the Hospital's petition, dismissing arguments regarding public policy, manifest disregard for law, and lack of award finality, ultimately confirming the arbitration award.

Arbitration AwardCollective Bargaining AgreementLabor LawFederal Arbitration ActWage DisputesLongevity PayUnion RightsPublic Policy ExceptionManifest Disregard of LawContract Interpretation
References
22
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. ADJ7641403
Regular
Apr 26, 2011

MARU ARAGAW vs. SAN JOAQUIN GENERAL HOSPITAL, TRISTAR RISK MANAGEMENT

Applicant Maru Aragaw sought to remove an order changing venue from San Francisco to Stockton for her workers' compensation claim. The Appeals Board denied the removal petition. The defendant's objection to the initial San Francisco venue was timely, as it was filed within 30 days of receiving notice of the case number and venue. Therefore, the WCJ correctly ordered the venue changed to Stockton, where the applicant resides.

Petition for RemovalChange of VenueLabor Code section 5501.6WCJSan Francisco district officeStockton district officeApplication for Adjudication of Claimvenue siteobjection to venueRule 10410
References
0
Case No. MISSING
Regular Panel Decision
Nov 07, 1975

Buchanan v. New York City Health & Hospitals Corp.

The case concerns an appeal challenging a hospital lien and the application of a contractual period of limitations in an insurance policy. The plaintiff, as executrix of Percy Buchanan, sought to challenge a lien filed by the New York City Health and Hospitals Corporation and compel Associated Hospital Services (AHS) to cover remaining hospital costs. The lower court initially granted AHS summary judgment, finding the action time-barred. However, the appellate court modified this decision, denying AHS's cross-motion for summary judgment. It ruled that a question of fact existed regarding whether AHS could be estopped from asserting the limitations period, given its silence on claim rejections until after the period had expired.

Hospital LienContractual Limitations PeriodSummary Judgment MotionEquitable EstoppelHealth Insurance PolicyStatute of LimitationsAppellate Court DecisionInsurance Coverage DisputeExecutorshipGroup Health Insurance
References
3
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)
Regular
Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration
References
0
Case No. MISSING
Regular Panel Decision
Jun 23, 1977

Milashouskas v. Mercy Hospital

Plaintiff Judith Milashouskas, a nurse, sustained injuries while working at Mercy Hospital and received medical treatment at the hospital's emergency room. She and her husband initiated a medical malpractice action, alleging damages from negligent treatment. Mercy Hospital asserted an affirmative defense under Workers’ Compensation Law § 29(6), arguing the action was barred. The Supreme Court, Nassau County, dismissed this defense, a decision affirmed on appeal. The appellate court found that Milashouskas sought treatment as a member of the public, and the hospital failed to provide evidence linking the medical treatment to her employment. The court emphasized that plaintiffs must still prove their injuries were proximately caused by the alleged negligence, not the underlying accident.

Medical MalpracticeWorkers' CompensationAffirmative DefenseNegligenceHospital LiabilityEmergency TreatmentCPLRAppellate ReviewEmployment InjuryCausation
References
1
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