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

Case No. ADJ18940959
Regular
Apr 18, 2025

RON IGLESIAS vs. COUNTY OF SANTA CLARA

Applicant Ron Iglesias claimed cumulative work injuries to his bladder, psyche, and diabetes, which the defendant, County of Santa Clara, contended were barred by the statute of limitations. The Workers' Compensation Administrative Law Judge (WCJ) found no evidence of applicant's knowledge of industrial causation and thus could not establish a date of injury or determine if the claim was time-barred. The defendant filed a Petition for Reconsideration, arguing applicant failed reasonable diligence and would cause significant prejudice. The Appeals Board denied the petition, affirming the need for further discovery to establish the injury date and noting that potential discovery costs are not grounds for removal.

Labor Code section 5412cumulative work injurystatute of limitationsdate of injurypetition for reconsiderationremoval standardsignificant prejudiceirreparable harmaffirmative defenseburden of proof
References
28
Case No. ADJ9538234
Regular
Dec 22, 2014

STEPHANIE REINHARDT vs. COUNTY OF SANTA CLARA DISTRICT ATTORNEY

The Workers' Compensation Appeals Board denied Stephanie Reinhardt's petition for reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's report in its decision. Additionally, a supplemental petition submitted by the County of Santa Clara was not accepted or considered by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportSupplemental PetitionCal. Code Regs.tit. 8§ 10848WCAB RulesDeniedCounty of Santa Clara District Attorney
References
0
Case No. ADJ9580180
Regular
Sep 15, 2015

SARAH SCOFIELD vs. SANTA CLARA COUNTY SUPERIOR COURT; Permissibly Self-Insured, Administered by AIMS

This order denies Sarah Scofield's petitions for reconsideration in her workers' compensation case against Santa Clara County Superior Court. The Workers' Compensation Appeals Board (WCAB) adopted the reasoning of the workers' compensation administrative law judge (WCJ) in its decision. Therefore, the petitions for reconsideration are denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWCJ reportdenialADJ9580180Santa Clara County Superior CourtPermissibly Self-InsuredAIMSSarah ScofieldSan Jose District Office
References
0
Case No. ADJ9567245
Regular
Apr 01, 2016

JASON SUMMERS vs. SANTA CLARA COUNTY VALLEY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Santa Clara County Valley Transportation Authority regarding a psychological injury claim sustained by applicant Jason Summers. The petitioner argued the applicant was the initial physical aggressor, barring his claim under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's finding that the petitioner failed to meet its burden of proof. The WCJ's credibility determination, favoring a neutral witness over conflicting applicant and co-worker testimony, was central to this decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardPsyche injuryTemporary disabilityInitial physical aggressorLabor Code section 3600(a)(7)Burden of proofWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. 2024 NY Slip Op 00069 [223 AD3d 660]
Regular Panel Decision
Jan 10, 2024

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

The County of Nassau appealed an order denying its petition to vacate an arbitration award. The arbitration award had concluded that the County violated a collective bargaining agreement by denying General Municipal Law § 207-c benefits to correction officers who missed no work time but sought medical treatment for work-related injuries or illnesses. The Supreme Court initially denied the County's petition and granted the union's cross-petition to confirm the award. The Appellate Division, Second Department, reversed this order, finding the arbitration award to be irrational because the claimants neither sought payment of salary/wages nor reimbursement for out-of-pocket medical expenses, thus not requiring the benefits outlined in General Municipal Law § 207-c. Consequently, the County's petition to vacate the arbitration award was granted, and the cross-petition to confirm was denied.

Arbitration AwardVacaturCollective Bargaining AgreementGeneral Municipal Law § 207-cCorrection OfficersMedical BenefitsLost TimePublic Policy ExceptionIrrational AwardAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. ADJ4313424 (SJO 0269593)
Regular
Jul 13, 2011

SUSAN GRACE vs. SANTA CLARA COUNTY HEALTH, COUNTY OF SANTA CLARA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that allowed the applicant to obtain expert evidence on the "Ogilvie" issue after the mandatory settlement conference (MSC). The Board found the applicant failed to demonstrate due diligence in identifying and retaining an expert witness for this issue prior to the MSC. Consequently, discovery was closed as of the MSC date, and the case was returned to the trial level for further proceedings.

Ogilvie evidenceGrupe casePetition for RemovalMandatory Settlement ConferenceLabor Code section 5502(e)(3)due diligencePermanent Disability Rating ScheduleDREC adjustment factorWCJAppeals Board
References
2
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
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