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

Case No. ADJ9678497
Regular
Jul 30, 2018

SHERI MORAN vs. CONEJO VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding applicant Sheri Moran's back, hip, and ankle injuries. The Board found that the original decision failed to adequately address certain issues and ordered the case returned to the trial level for further proceedings. Specifically, the Board identified the need to develop the record concerning additional temporary disability benefits and to fully consider whether the left shoulder injury was industrially caused. Additionally, the Board recommended increasing the permanent disability rating to account for a pain add-on.

AOE/COEPermanent DisabilityTemporary Total DisabilityPetition for ReconsiderationFindings and AwardWCJ ReportPQME ReportApportionmentLeft Ankle InjuryLeft Shoulder Injury
References
0
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. ADJ7337941
Regular
Jun 09, 2016

SARA HERNANDEZ vs. PORTILLOS HOT DOGS, INC., CNA CLAIMS PLUS

This case involves a lien claimant, Foundation Medical Group (FMG), seeking reconsideration of an order dismissing their lien. FMG argued the dismissal was procedurally improper and due to excusable neglect by their representative, Sheri Breeding, who missed a lien conference. However, the Workers' Compensation Appeals Board (WCAB) found FMG's claims unsupported by evidence. The WCAB adopted the Workers' Compensation Judge's report, which concluded that FMG's notice of representation was untimely and FMG failed to demonstrate excusable neglect for their non-appearance. Therefore, the WCAB denied the Petition for Reconsideration and admonished FMG's representatives for inconsistencies and disregard of rules.

Petition for ReconsiderationOrder Denying ReconsiderationLien ClaimantFoundation Medical GroupSheri BreedingOscar MelenaLabor Code Section 5313California Code of Civil Procedure Section 473Lien ConferenceNon-appearance
References
0
Case No. ADJ7873101
Regular
Apr 11, 2017

SHERY FRANKLIN vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award, finding that the administrative law judge erred in several permanent disability ratings. Specifically, the WCAB will allow for further proceedings to re-rate permanent disability, incorporating the agreed medical examiner's findings for hypertension and sleep disorder, and rating psyche disability without apportionment. Issues regarding the method of rating cervical spine disability, industrial injury to the upper digestive tract, and entitlement to a Labor Code section 4658(d) increase will also be further developed and decided. The WCAB affirmed the findings on temporary disability and further medical treatment.

WCA BReconsiderationIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorAMEWhole Person ImpairmentWPISleep Disorder
References
11
Case No. ADJ2118952
Regular
Aug 04, 2009

IRENE LOPEZ vs. NEW BREED, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant's petition for reconsideration of an order dismissing their lien. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely, filed 34 days after the order, exceeding the 20-day statutory limit plus mailing extensions. Additionally, the petition was unverified and skeletal, violating Labor Code requirements. As a result, the WCAB lacked jurisdiction and dismissed the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLien ClaimantLabor Code Section 5903JurisdictionOrder of DismissalVerificationSkeletal PetitionWCAB Rule 10507
References
8
Case No. ADJ8461383
Regular
Dec 22, 2014

ROSARIO VILLASENOR vs. NEW BREED, LIBERTY MUTUAL INSURANCE COMPANY

This case involved a Workers' Compensation Appeals Board decision denying an applicant's petition for reconsideration. The applicant claimed cumulative injury to multiple body parts and psyche due to her employment. The Administrative Law Judge (WCJ) found the applicant's testimony not credible and the treating doctor's opinion unsubstantiated by substantial evidence due to inconsistencies with the record. The Board affirmed the WCJ's decision, agreeing that the applicant failed to meet her burden of proof for demonstrating industrial causation.

Cumulative injurySubstantial evidenceWCJ credibilityTreating physician opinionBurden of proofLayoff noticeDate of injurySection 5412Section 5402 presumptionReconsideration denied
References
10
Case No. SJO 0258370; SJO 0258371; SJO 0264287
Regular
Oct 22, 2007

SHERI COSBY vs. M. E. FOX & CO., ACCLAMATION INSURANCE MANAGEMENT SYSTEMS [AIMS]

The Appeals Board dismissed the applicant's petition for reconsideration of a denial to withdraw from a QME due to it not being a final order. However, the Board granted removal and rescinded the judge's order, allowing the applicant to withdraw from the QME due to the defendant's improper submission of non-medical information post-examination, violating Labor Code section 4062.3. While acknowledging the applicant's delay in raising the issue, the Board found no waiver or laches, ordering a new QME evaluation.

QME withdrawalLabor Code 4062.3improper communicationnon-medical informationpro per applicantattorney representationpetition for reconsiderationremoval motionAppeals Boardstatutory violation
References
3
Case No. MISSING
Regular Panel Decision
Sep 16, 2009

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

The petitioner sought to vacate an arbitration award dated June 12, 2009, claiming it violated public policy. The Supreme Court, Nassau County, denied the petition, confirmed the award, and dismissed the proceeding. On appeal, the order was affirmed. The court determined that neither Racing, Pari-Mutuel Wagering and Breeding Law § 206 (4) and (5) absolutely prohibited the arbitrator's decision, nor did the award itself violate these laws, applying a two-prong public policy test. The court also noted that a previously agreed deferred prosecution agreement had expired and the respondent was not a party to it.

ArbitrationPublic PolicyCPLR Article 75Vacate Arbitration AwardRacing, Pari-Mutuel Wagering and Breeding LawDeferred Prosecution AgreementAppellate ReviewJudicial ReviewNassau CountySupreme Court
References
5
Case No. MISSING
Regular Panel Decision
May 07, 2009

Frenkel v. New York City Off-Track Betting Corp.

Plaintiff Zoltán Frenkel moved to amend his complaint to add a fifth cause of action, alleging that defendant OTB undermined a 2004 federal settlement agreement. OTB objected to the amendment, claiming futility and prejudice. The court, presided over by Magistrate Judge Andrew J. Peck, analyzed the motion under Fed.R.Civ.P. 15(a), applying the Fed.R.Civ.P. 12(b)(6) standard for futility. Despite the court possessing ancillary jurisdiction over the settlement agreement, it determined that the proposed claim, a state law breach of contract, failed to satisfy New York’s Racing, Pari-Mutuel Wagering and Breeding Law § 618's notice requirements. Consequently, Frenkel's motion for leave to amend his complaint was denied as futile.

Motion to AmendFutility of AmendmentPrejudiceFederal Rules of Civil Procedure 15(a)Federal Rules of Civil Procedure 12(b)(6)Breach of ContractSettlement AgreementAncillary JurisdictionNotice of ClaimNew York Racing, Pari-Mutuel Wagering and Breeding Law § 618
References
60
Case No. MISSING
Regular Panel Decision

Claim of McKenzie v. New York Jockey Injury Compensation Fund

Claimant, an exercise rider at Belmont Racetrack, suffered pelvic injuries in December 2003 while working a horse. Despite an expired license, a Workers’ Compensation Law Judge (WCLJ) established his case and determined he was a covered employee of the New York Jockey Injury Compensation Fund, holding the Fund responsible for medical treatment. The Workers’ Compensation Board upheld this decision. The Appellate Division affirmed, referencing *Matter of Adames v New York Jockey Injury Compensation Fund, Inc.* (15 AD3d 696 [2005]), which established that an exercise rider is a covered employee of the Fund under relevant Workers’ Compensation Law and Racing, Pari-Mutuel Wagering and Breeding Law provisions, irrespective of license expiration. The court found the Fund’s remaining contentions lacked merit.

Exercise RiderWorkers' CompensationJockey Injury Compensation FundExpired LicenseCovered EmployeeThoroughbred RacingPelvic InjuryAppellate DecisionBoard DecisionStatutory Interpretation
References
1
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