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Case Law Database

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

Case No. 13-01-267-CV
Regular Panel Decision
Jun 27, 2002

Texas Workers Compensation Insurance Facility v. Serafin De Leon

The Texas Workers Compensation Insurance Facility appealed a jury verdict that awarded Serafin de Leon lifetime income benefits (LIBS) due to a 1993 work-related injury resulting in total and permanent loss of both feet. The appellant raised seven issues, challenging the judgment's basis, pleading sufficiency, jury question formulation, and evidentiary sufficiency. De Leon sustained severe foot injuries from a fall, leading to multiple surgeries and chronic pain, rendering him unable to work. The Court of Appeals affirmed the trial court's judgment, concluding that de Leon's claim was based on the 'loss of use of both feet' under Texas Labor Code section 408.161(b), and found the evidence legally and factually sufficient to support the verdict. The court also addressed the appellant's complaint about the judgment not specifying payment details, stating that the parties should be able to determine these or seek a remand.

Workers' CompensationLifetime Income BenefitsLoss of UseFoot InjuryJury Verdict AppealSufficiency of EvidenceJudicial ReviewTexas Labor CodeAbuse of DiscretionMedical Evaluation
References
11
Case No. ADJ1 0108689
Regular
Apr 04, 2016

SERAFIN SALIGAN vs. CM LAUNDRY, LLC, ARCH INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by CM Laundry, LLC and its insurer. The petitioner, represented by Floyd and Skeren, voluntarily withdrew the petition. Consequently, the Board has issued an order dismissing the Petition for Removal as requested.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardSerafin SaliganCM Laundry LLCArch Insurance CompanyYork Risk Services GroupADJ1 0108689Los Angeles District Office
References
0
Case No. MISSING
Regular Panel Decision

Claim of Serafin v. Pleasant Valley Wine Co.

This case is an appeal from a Workers’ Compensation Board decision, filed October 19, 1982, which denied benefits to a claimant widow and two dependent children. The claim stemmed from the death of the decedent, an assistant sales manager for Pleasant Valley Wine Company, who died of a myocardial infarction on November 2, 1976, allegedly after carrying wine cases for work. The carrier contested the claim due to untimely filing and lack of employer notification under section 18 of the Workers’ Compensation Law. Conflicting medical opinions were presented regarding the causal connection between the decedent's work activity and his death. The Board concluded that the application was untimely filed, prejudicing the employer, and found no credible evidence of an accident arising from employment, nor any advance payment of compensation. The court affirmed the Board's decision, citing substantial evidence supporting the Board's findings and its power to resolve conflicting medical opinions, as well as the prejudice to the employer from the untimely claim.

Untimely ClaimWorkers CompensationMyocardial InfarctionCausal ConnectionEmployer NotificationConflicting Medical OpinionsPrejudiceScope of EmploymentAccidentDependent Benefits
References
5
Case No. ADJ3059446
Regular
Jul 30, 2012

SERAFIN RIVERA vs. ARROW CONCRETE CUTTING, ACE USA

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's (LAO) petition for reconsideration as untimely and unverified. The WCAB granted removal on its own motion, rescinded the judge's finding that LAO's lien was resolved, and returned the matter for further proceedings. This decision stemmed from an unclear record regarding service of notice and LAO's opportunity to be heard on whether its lien was resolved. The WCAB admonished LAO for its conduct, citing a failure to provide proper notification of representatives, which caused confusion and wasted board resources.

Lien ClaimantPetition for ReconsiderationRemovalOrder Taking Off CalendarCompromise and ReleaseDue ProcessNoticeOpportunity to be HeardSubstantial EvidenceUntimely Petition
References
0
Case No. ADJ1194260 (ANA 0375551)
Regular
Jan 16, 2009

SERAFIN VASQUEZ vs. COASTAL MIRAGE LANDSCAPES, INC., STATE COMPENSATION INSURANCE FUND

"The Appeals Board grants the lien claimant's Petition for Reconsideration, rescinds the Findings and Order issued November 3, 2008, and returns the matter to the trial level to clarify whether the "Kunz Study" was admitted into evidence."

Lien claimantPetition for reconsiderationKunz v. Patterson Floor CoveringFindings and OrderWCJMedical servicesFee scheduleGeographical equivalent studyDRG valueAPC calculation
References
1
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
2
Case No. ADJ9365230
Regular
Apr 10, 2023

SERAFIN JIMENEZ vs. LN COSTUME SUPPLY INC., STAR INSURANCE, ILLINOIS MIDWEST SPRINGFIELD, NOWAKOWSKI PROPERTIES DBA STOR-MOR

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Nowakowski Properties DBA Stor-Mor. The Board adopted the Administrative Law Judge's report, which found dual employment for the applicant between LN Costume Supply Inc. and Stor-Mor. Furthermore, the Board upheld the finding that the applicant is presumed to be an employee of Stor-Mor under Labor Code § 3357, as Stor-Mor presented no evidence to rebut this presumption.

Dual EmploymentSpecial EmployerGeneral EmployerLabor Code § 3357Presumption of EmploymentPetition for ReconsiderationWCABUninsured Employer Benefit Trust FundCompromise and ReleaseContribution
References
4
Case No. MISSING
Regular Panel Decision

Santiago v. Bowen

The plaintiff, a 58-year-old man with an 8th-grade education and a history of physical labor, sought Supplemental Security Income (SSI) disability benefits after injuring his lumbar spine in 1986. His treating chiropractor, Dr. Serafín Izquierdo, opined he was totally disabled due to acute low back derangement, a possible herniated disc, and other related conditions. A consultative physician, Dr. Shu-mofsky, found minimal x-ray findings but noted severe pain during a straight leg raising test. The ALJ initially found the plaintiff capable of light work, a decision upheld by the Appeals Council. The District Court reversed this decision, ruling that the treating chiropractor's opinion on disability, within their field of expertise, should be given binding effect, especially when supported by evidence and not substantially contradicted. The court found Dr. Izquierdo's opinion uncontradicted and remanded the case for the calculation and disbursement of benefits.

Disability benefitsSupplemental Security Income (SSI)Chiropractor's opinionTreating physician ruleMedical evidenceLumbar spine injuryResidual functional capacityAdministrative Law JudgeAppeals CouncilReversal and remand
References
8
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