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Case Law Database

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

Case No. MISSING
Regular Panel Decision
May 31, 2012

Windsor v. United States

This case addresses Edie Windsor's constitutional challenge to Section 3 of the Defense of Marriage Act (DOMA), which defined marriage exclusively as between one man and one woman. This definition required Windsor to pay federal estate tax on her late same-sex spouse's estate, a tax from which heterosexual couples were exempt. Windsor contended that Section 3 of DOMA violated the Equal Protection Clause of the Fifth Amendment. The Bipartisan Legal Advisory Group (BLAG) intervened to defend DOMA's constitutionality. The Court denied BLAG's motion to dismiss and granted Windsor's motion for summary judgment, ruling that Section 3 of DOMA is unconstitutional as applied to Windsor and awarded her $353,053.00 plus interest and costs.

Constitutional LawEqual Protection ClauseFifth AmendmentDefense of Marriage ActDOMASame-sex MarriageFederal Estate TaxSummary JudgmentMotion to DismissJudicial Scrutiny
References
62
Case No. VEN 104138
Regular
Jul 08, 2008

CHANDRA DOSHI vs. BLUE CROSS OF CALIFORNIA by BROADSPIRE CLAIMS SERVICES

This case involves a lien claimant seeking reconsideration of a decision that denied a psychological injury claim. The Workers' Compensation Appeals Board granted reconsideration due to uncertainty regarding the administrative law judge's application of Labor Code sections 5402(b) (presumption of compensability for timely denial) and 3208.3 (threshold for psychiatric injury). The Board remanded the case for further proceedings to clarify whether the section 5402 presumption applies and, if not, to re-evaluate the psychiatric injury claim under section 3208.3 with a clear explanation of the reasoning.

Labor Code section 5402(b)presumption of compensabilitypsychiatric injurythreshold of compensabilitypredominant causeactual events of employmentcompromise and releaselien claimantcumulative traumamedical treatment
References
1
Case No. ADJ7329234; ADJ7432894; ADJ7434559; ADJ7433683
Regular
Dec 02, 2014

KATHY WASSON vs. COUNTY OF PLUMAS

The Appeals Board granted reconsideration, rescinding the prior denial of industrial injury for psyche and heart claims. While applicant sustained a compensable psychiatric injury due to workplace events, compensation is barred by Labor Code section 3208.3(h) as it was substantially caused by good faith personnel actions. However, applicant's heart injury, presumed compensable under Labor Code section 3212, remains compensable as the presumption was not rebutted and section 3208.3(h) does not apply. Further proceedings will address the sleep disorder claim and other deferred issues.

Workers' Compensation Appeals BoardDeputy SheriffPsychiatric injuryHypertensionSleep dysfunctionGood faith personnel actionLabor Code section 3208.3(h)PresumptionLabor Code section 3212Heart trouble
References
24
Case No. MISSING
Regular Panel Decision

Randall v. Toll

Petitioner, a senior financial secretary at SUNY Stony Brook, was suspended without pay under Civil Service Law section 75 following charges of misappropriation. He challenged the suspension, arguing it violated his Fourteenth Amendment due process rights by denying a pre-suspension hearing. The court evaluated the constitutionality of Civil Service Law section 75(3), which permits temporary suspension without pay pending charge determination. It concluded that the state's interest did not justify postponing a hearing, especially since the petitioner had been reassigned from his sensitive role. Consequently, the court vacated the suspension and ordered the petitioner's immediate reinstatement, emphasizing the necessity of a prior hearing for public employee suspensions.

Due ProcessFourteenth AmendmentCivil Service LawPublic Employee RightsSuspension Without PayPre-Suspension HearingGovernmental InterestProperty RightsReinstatementMisconduct Charges
References
4
Case No. ADJ9602695
Regular
Sep 26, 2019

KELLY MULDROW vs. AMS OUTSOURCING/STAFFCHEX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO, SEDGWICK CMS, SENBA USA, INC., MITSUI SUMITOMO

This case concerns applicant Kelly Muldrow's claim for psychiatric injury stemming from her employment. The primary dispute revolves around the applicability of Labor Code section 3208.3(d), which generally requires six months of employment for psychiatric injury claims. The Appeals Board rescinded the initial findings, remanding the case to the trial level for further proceedings. This is because the prior ruling improperly deferred the threshold issue of section 3208.3(d)'s applicability without fully adjudicating it.

Workers' Compensation Appeals BoardKelly MuldrowAMS OutsourcingStaffchexCalifornia Insurance Guarantee AssociationCIGAUllicoSedgwick CMSSenba USAMitsui Sumitomo
References
15
Case No. ADJ9162432
Regular
Oct 23, 2017

TEODORO LARIOS vs. EASTBAY EQUITIES, INC. dba WENDY'S OLD FASHIONED HAMBURGERS, AMTRUST NORTH AMERICA

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded lien claims for psychiatric treatment. The defendant argues that Labor Code section 3208.3(d) bars these claims due to insufficient employment duration and that the prior WCAB opinion is res judicata. The WCAB granted reconsideration, rescinded the WCJ's decision, and remanded the case for further proceedings. The WCAB clarified that while psychiatric conditions may be claimed as compensable consequence injuries post-January 1, 2013, they do not increase permanent impairment ratings, and the six-month employment requirement under section 3208.3(d) still applies unless the treatment was essential for a physical injury.

Workers' Compensation Appeals BoardLabor Code Section 3208.3(d)Res JudicataMedical Treatment Utilization Schedule (MTUS)Official Medical Fee Schedule (OMFS)Independent Bill ReviewCompensable Consequence InjuryPsychiatric InjuryPermanent ImpairmentLength of Employment
References
5
Case No. MISSING
Regular Panel Decision

United Technologies Communications Co. v. International Brotherhood of Electrical Workers, Local Union No. 3

This case involves a damage action brought by United Technologies Communication Company (UTCC), formerly General Dynamics Communications Company (GDCC), against Local 3, International Brotherhood of Electrical Workers (IBEW), under Section 303 of the National Labor Relations Act. UTCC alleged that Local 3 engaged in illegal secondary boycotts and jurisdictional disputes at two New York City sites, One Broadway and Two Broadway, in violation of Section 8(b)(4) of the Act. The court found Local 3 liable, concluding that its members, agents, and executive board supported and ratified unlawful actions, including work stoppages, threats, vandalism, and harassment, aimed at forcing employers to cease business with GDCC and assign work to Local 3 members. While liability was established, the plaintiff's claim for lost sales to potential customers was denied due to insufficient proof of direct causation. The decision concludes the liability phase of the trial, with a second phase to be scheduled for the determination of damages.

Labor Law ViolationSecondary BoycottJurisdictional DisputeNational Labor Relations ActTaft-Hartley ActUnion LiabilityAgency PrinciplesCollateral EstoppelDamage ActionNon-Jury Trial
References
45
Case No. MISSING
Regular Panel Decision

Kipbea Baking Co. v. Strauss

Plaintiff employer sues two unions, Local 802 and Local 3, for $250,000 in damages under Section 301 of the Labor-Management Relations Act of 1947, alleging breaches of collective bargaining agreements. The plaintiff, Kipbea Baking Co., ceased baking operations, leading to picketing by Local 3 and a refusal by Local 802's drivers to cross the picket line, which the plaintiff claims caused business harm. Defendants moved to dismiss, arguing res judicata from a prior state court action and lack of breach of contract claims, asserting exclusive NLRB jurisdiction. The court rejected the res judicata and exclusive jurisdiction arguments, but found the complaint failed to adequately allege specific breaches of contract under Section 301. The court indicated that the acts described might constitute violations under Section 303 of the Act (secondary boycott activities) and dismissed the complaint, granting leave for the plaintiff to amend to allege jurisdiction under Section 303.

Collective BargainingLabor-Management Relations ActSection 301Section 303Unfair Labor PracticesSecondary BoycottRes JudicataJurisdictionMotion to DismissFederal Rules of Civil Procedure
References
20
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
Case No. MISSING
Regular Panel Decision

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
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