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

Case No. ADJ212470
Regular
Mar 23, 2012

SHELLEY PHERNETTON vs. RALPHS GROCERY STORE, SEDGWICK CMS

This case involves a Petition for Reconsideration filed by the applicant Shelley Phernetton, seeking review of a decision by the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the Petition for Reconsideration because it was not filed within the statutory time limits. Even if it had been timely, the WCAB would have denied it based on the workers' compensation judge's report. Therefore, the Petition for Reconsideration is dismissed.

Shelley PhernettonRalphs Grocery StoreSedgwick CMSADJ212470ANA 0354891Riverside District OfficePetition for ReconsiderationReport and Recommendationworkers' compensation judgetimely-filed
References
0
Case No. MISSING
Regular Panel Decision

Kazanoff v. United States

Irving Kazanoff, individually and as executor of his wife Shelley Kazanoff's estate, brought a wrongful death suit. Shelley Kazanoff was murdered in her apartment by Daniel Rodriguez and William Deliu. The plaintiff alleged negligence against the US government (for a postal employee allowing the murderers entry) and three building management entities (Just Management Corporation, 100-10 67th Road Condominium Association, and Preferred 100-10 67th Road Condominium Corporation) for failing to provide adequate security. The court granted summary judgment for the government and the three building entities, finding no duty of care breached by the government's postal employee and no unreasonable conduct or breach of duty by the building defendants, who complied with statutory security minimums. The case is still proceeding against the individual murderers.

Wrongful DeathNegligenceSummary JudgmentPremises LiabilityForeseeabilityDuty of CareIntervening Criminal ActPostal ServiceCondominium AssociationManaging Agent
References
7
Case No. MISSING
Regular Panel Decision

Shelley v. Flow International Corp.

A plaintiff sued multiple defendants after sustaining injuries in a work-related accident while operating a hydromilling tractor on a highway construction site. The claims against the general contractor, I & OA Slutzky, Inc., alleging common-law negligence and Labor Law § 200 violations, were dismissed due to lack of supervision, and other Labor Law claims were abandoned by the plaintiff. Claims against Flow International Corporation, the plaintiff's employer, were dismissed based on Workers' Compensation Law exclusivity provisions. However, the court erred in dismissing the complaint against Flow Services Corporation, a subcontractor, as there were triable issues of fact regarding the plaintiff's consent to a special employment relationship and whether Flow Services and Flow International acted as a single corporate entity. Consequently, the order was modified to reinstate the complaint against Flow Services Corporation, while remaining affirmed for the other defendants.

Work-related accidentHighway constructionHydromilling tractor injuryCommon-law negligenceLabor Law claimsSummary judgmentGeneral contractor liabilitySubcontractor liabilitySpecial employment relationshipCorporate alter ego doctrine
References
11
Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)
Regular
Oct 29, 2010

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, SCIF INSURED OXNARD

The Workers' Compensation Appeals Board granted reconsideration to award the applicant total permanent disability. The WCAB found that the prior 24% permanent disability award for a low back injury did not overlap with the applicant's current cumulative trauma injury to her right shoulder. Therefore, apportionment of the current total permanent disability award to the prior award was not permitted.

Workers Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityApportionmentOverlapSpecific InjuryNew and Further DisabilityAgreed Medical ExaminerNarcotic DependencePain Syndrome
References
5
Case No. ADJ3859084
Regular
Dec 12, 2019

SHELLEY SALTSMAN vs. WOODLAND CLINIC, CALIFORNIA COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision regarding a lien claim. The WCAB adopted the judge's findings that the lien claimant failed to prove entitlement to attorney fees by a preponderance of the evidence. The WCAB noted that the claimant also cited unadmitted evidence in their petition. Consequently, the petition for reconsideration was denied.

Shelley SaltsmanWoodland ClinicCalifornia Compensation InsuranceCalifornia Insurance Guarantee AssociationPetition for ReconsiderationReport and Opinion on DecisionWorkers' Compensation Administrative Law Judge (WCJ)Lien ClaimantAttorney FeeDisbursements
References
2
Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)
Regular
Jan 21, 2011

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, Legally Uninsured STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding its prior decision that the Department of Youth Authority failed to meet its burden of proof for apportionment. The defendant argued the WCJ's decision regarding overlapping disabilities should have been given greater weight, but the Board found the defendant did not establish sufficient evidence of overlap. Based on *Kopping v. Workers' Comp. Appeals Bd.*, the Board affirmed that the defendant retains the burden to prove both the existence of a prior award and the extent of overlap. Therefore, the applicant is entitled to an unapportioned award of 100% permanent disability.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationLabor Code section 4664ApportionmentOverlapCumulative TraumaBurden of ProofMedical RecordWCJ
References
5
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