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

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)
Regular
Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability
References
6
Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)
Regular
Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury
References
4
Case No. CA 10-02273
Regular Panel Decision
Oct 07, 2011

MAZURETT, JUAN v. ROCHESTER CITY SCHOOL DISTRICT

The plaintiffs, Juan Mazurett and Theresa Mazurett, commenced a Labor Law and common-law negligence action against the Rochester City School District after Juan Mazurett was injured in a fall from a collapsing scaffold at a construction site. The accident occurred while he was attempting to climb the scaffold provided by his employer, the general contractor. The Supreme Court granted the plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and partially denied the defendant's cross motion for summary judgment. The Appellate Division affirmed the Supreme Court's order, concluding that the plaintiffs established a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse. The court rejected the defendant's argument that the plaintiff's conduct was the sole proximate cause of the accident, finding no evidence that the plaintiff refused to use available safety devices.

Personal InjuryScaffold AccidentLabor Law ViolationConstruction Site SafetyProximate CauseSummary Judgment MotionAppellate ReviewWorker SafetyStatutory DutyNew York Law
References
11
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
0
Case No. ADJ6953675
Regular
Aug 06, 2015

HOA DOAN vs. SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, CONTRA COSTA COUNTY SCHOOL INSURANCE GROUP

In *Doan v. San Ramon Valley Unified School District*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline. The WCAB emphasized that a petition must be *received* by the WCAB within the statutory period, not just mailed. Therefore, the Board lacked the authority to consider the merits of the late petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionProof of MailingCase DismissalLabor CodeCalifornia Code of RegulationsWCAB Rule
References
4
Case No. ADJ6686402
Regular
Jul 13, 2009

MICHAEL BUCKMASTER vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board case involved Michael Buckmaster and the San Diego Unified School District. The Board granted reconsideration of a prior decision. Ultimately, the Board affirmed the original decision but amended Finding of Fact No. 2 to correct the applicant's earnings at the time of injury to $273.92 per week.

WORKERS' COMPENSATION APPEALS BOARDSAN DIEGO UNIFIED SCHOOL DISTRICTPermissibly Self-InsuredRECONSIDERATIONWCJ REPORTAMENDED FINDING OF FACTWEEKLY EARNINGS
References
0
Case No. ADJ6511067
Regular
Apr 01, 2014

PAUL SOLDI vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This is an order granting the San Diego Unified School District's Petition for Reconsideration in the case of Paul Soldi. The Workers' Compensation Appeals Board (WCAB) determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action is being taken to ensure a complete understanding of the record and to enable the WCAB to issue a just and reasoned decision. Further proceedings may be ordered as appropriate.

Workers' Compensation Appeals BoardPetition for ReconsiderationSan Diego Unified School DistrictYork Risk Services GroupADJ6511067Opinion and OrderStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After Reconsideration
References
0
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
1
Case No. ADJ4330809 (OAK 0244732) ADJ820716 (OAK 0283343)
Regular
Jul 23, 2010

MARTIN VITAL vs. SAN LEANDRO UNIFIED SCHOOL DISTRICT

In Martin Vital v. San Leandro Unified School District, both the applicant and defendant filed untimely petitions for reconsideration of the WCJ's March 22, 2010, Findings and Award. The applicant's petition contested the permanent disability rating and the psyche disability award, while the defendant challenged temporary disability benefits awarded from November 2, 2005, to April 1, 2007. The Appeals Board dismissed both petitions as they were filed well past the jurisdictional 25-day deadline. Consequently, the original March 22, 2010, Findings and Award remains in effect as the Board lacked the power to address the merits of the untimely filings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryBack InjuryPsyche InjuryTemporary DisabilityPermanent DisabilityFuture Medical TreatmentLien Adjustment
References
2
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