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

Case No. ADJ9 416837
Regular
May 02, 2016

SHANNON NICK vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves applicant Shannon Nick versus the State of California Department of Motor Vehicles and State Compensation Insurance Fund. The Board has issued an order denying the applicant's Petition for Reconsideration. The denial is based on the WCJ's report, which the Board has adopted and incorporated by reference. Therefore, the petition for reconsideration has been formally denied.

Petition for ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardDeniedADJ9416837Sacramento District OfficeAdministrative Law JudgeAdopt and IncorporateService MadeOfficial Address Record
References
0
Case No. MISSING
Regular Panel Decision

Shannon v. Lake Grove Centers, Inc.

Richard Shannon, an HVAC mechanic, was injured while carrying a 200-pound blower unit on a roof at AMF Syosset Bowling Lanes, slipping on a repaired, slippery patch. He sustained shoulder and knee injuries. Shannon and his wife, Joan Shannon, sued Lake Grove Centers, Inc. and AMF, Inc. alleging common law negligence and violations of New York Labor Law Sections 200, 240, and 241. Defendants moved for summary judgment. The court granted summary judgment for the defendants on the Section 240 claim, finding the accident was not an elevation-related hazard covered by the statute. However, the court denied summary judgment on the Section 241(6) claim, citing specific regulations regarding slipping hazards (12 NYCRR 23-1.7(d)). The court also denied summary judgment on the Section 200 and common law negligence claims, despite weak evidence, allowing plaintiffs to present these claims at trial alongside the Section 241(6) claim.

Slip and FallWorkplace AccidentLabor Law Section 200Labor Law Section 240Labor Law Section 241(6)Summary JudgmentCommon Law NegligencePremises LiabilityRoof AccidentHVAC Maintenance
References
18
Case No. MISSING
Regular Panel Decision

Nick's Brick Oven Pizza, Inc. v. Excelsior Insurance

Nick’s Brick Oven Pizza, Inc. sought a declaratory judgment against its general liability insurance carriers to compel them to defend and indemnify it in an underlying personal injury action involving Travis Schmidt, an alleged temporary worker. The carriers denied coverage based on a policy exclusion for "insured" employees, but the policy had an exception for "temporary workers." The Supreme Court ruled in favor of Nick's Pizza, finding Schmidt was a temporary worker and the policy's term "furnished" was ambiguous, which was construed against the insurer. The appellate court affirmed this decision, mandating the insurance carriers to defend and indemnify Nick’s Brick Oven Pizza, Inc. in the underlying action.

Insurance Coverage DisputeDeclaratory JudgmentPolicy InterpretationTemporary WorkerAmbiguity in ContractDuty to DefendDuty to IndemnifyVicarious LiabilityAppellate ReviewSummary Judgment
References
11
Case No. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
1
Case No. SAC 289384
Regular
Apr 04, 2008

NICK MILIVOJEVICH vs. UNITED AIRLINES

This case involves a clerical error in a prior award of attorney's fees for applicant Nick Milivojevich against United Airlines. The Workers' Compensation Appeals Board corrected the award to reflect the correct appellate attorney's fees of $\$ 6,050.00$ and disallowed costs, maintaining its continuing jurisdiction to rectify such errors. The corrected award is payable to Farrell, Fraulob & Brown, A Professional Corporation.

Workers' Compensation Appeals BoardClerical ErrorOpinion and AwardAttorney's FeesAppellate Attorney's FeesCostsContinuing JurisdictionToccalinoMorganUnited Airlines
References
2
Case No. MISSING
Regular Panel Decision
Jun 28, 1988

In re Justin EE.

This case involves an appeal from an order of the Family Court of Otsego County, which granted the petitioner's applications to declare Justin and Shannon EE. permanently neglected children and terminated their parents' parental rights. The mother appeals the decision, arguing that the Family Court Judge improperly took judicial notice of respondents' criminal histories and that neglect was not continuous. The appellate court found the judicial notice error to be harmless and affirmed the Family Court's determination, citing the petitioner's diligent efforts to help the mother become an acceptable parent and the mother's failure to plan for her children's future. The court concluded there was no evidence of the mother taking significant steps toward planning for her children's future or correcting the conditions leading to their removal.

Parental Rights TerminationChild NeglectFamily Court AppealJudicial NoticeDiligent EffortsFailure to PlanCriminal HistoryDomestic ViolenceSocial Services LawNew York Appellate Court
References
4
Case No. ADJ8770457
Regular
Apr 21, 2015

NICK IVANOFF vs. VIRONEX, BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Nick Ivanoff's Petition for Reconsideration. The WCAB found that a petition for reconsideration can only be filed from a "final" order, decision, or award, which must determine substantive rights or liabilities, or a fundamental threshold issue. The Judge's decision in this case was deemed an interlocutory procedural or evidentiary decision, not a final one. Therefore, the petition was dismissed as it was improperly filed.

Petition for ReconsiderationNon-final OrderFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionWorkers' Compensation Appeals Board
References
4
Case No. ADJ3370297 (SFO 0446248)
Regular
Aug 29, 2014

SHANNON MURPHY vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED

This case involves a Petition for Reconsideration filed by applicant Shannon Murphy against Oakland Unified School District and JT2 Integrated. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the original Award issued on September 23, 2005. This delay exceeds the statutory 20-day period for filing reconsideration, plus the additional 5 days for mailing. Therefore, the Board found the petition procedurally barred and dismissed it.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardDismissal OrderAward DateAdministrative Law Judge ReportApplicantDefendant Employer
References
0
Case No. 528808
Regular Panel Decision
Dec 19, 2019

Matter of Sidiropoulos v. Nassau Intercounty Express

Claimant Nick Sidiropoulos, a bus driver, sustained knee and back injuries in June 2014, leading to ongoing treatment and lost wage awards. The employer and its workers' compensation carrier alleged a violation of Workers' Compensation Law § 114-a, presenting surveillance videotapes to suggest false statements regarding his capabilities. Both a Workers' Compensation Law Judge and the Workers' Compensation Board found no violation. The Appellate Division, Third Department, affirmed the Board's determination, finding substantial evidence to support the conclusion that the claimant did not intentionally misrepresent material facts, despite potentially downplaying his abilities. The court credited the testimony of the claimant's treating orthopedic surgeon, who deemed the claimant permanently disabled for his job but capable of limited activities consistent with his reported pain and functional limitations.

Workers' Compensation Law § 114-a violationfalse statementmisrepresentationdisability compensation fraudsurveillance evidencemedical testimonyappellate reviewWorkers' Compensation Board decisionclaimant credibilityfunctional limitations
References
7
Case No. MISSING
Regular Panel Decision
Nov 29, 2017

Katsoris v. WME IMG, LLC

Plaintiffs Nick Katsoris and the Loukoumi Make a Difference Foundation, Inc. initiated a copyright infringement lawsuit against WME, IMG, LLC, IMG Productions, LLC, and Viacom Inc. The core of the dispute revolved around a work-for-hire agreement for a TV special featuring Katsoris's character 'Loukoumi,' and allegations that Viacom, in collaboration with IMG, subsequently developed a similar show, All In with Cam Newton, after rejecting Plaintiffs' pitch. The court addressed motions to dismiss and Plaintiffs' motion to compel arbitration. The court granted the motion to compel arbitration against WME IMG and IMG Productions, LLC, reasoning that the incorporation of AAA Rules in their agreement delegated arbitrability to the arbitrator. However, the court denied compelling Viacom to arbitrate, finding no direct contractual link or direct benefit exploited by Viacom. Consequently, the court stayed all claims against all defendants, pending the outcome of the arbitration with IMG.

Copyright InfringementArbitration AgreementFederal Arbitration ActWaiver of ArbitrationArbitrabilityEstoppelMotion to CompelStay of LitigationWork-for-Hire ContractAAA Commercial Arbitration Rules
References
48
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