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

Case No. VNO 0483316
Regular
Aug 14, 2007

SILVIA MACIAS vs. JOSEPH AND NITA REBECK, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Silvia Macias's lumbar spine injury. The primary issue on reconsideration was the applicant's attorney's fees, which the original judge failed to award despite representing the applicant during a portion of the proceedings. The Board affirmed the permanent disability award but deferred the attorney fees issue, remanding the case to the trial level for further proceedings and a new decision specifically addressing attorney fees.

Workers' Compensation Appeals BoardSilvia MaciasJoseph and Nita RebeckState Farm Insurance CompanyFindings and AwardPetition for ReconsiderationAttorney FeesIndustrial InjuryLumbar SpinePermanent Disability
References
0
Case No. Z docket
Regular Panel Decision
Oct 29, 2007

Matter of Administration for Children's Servs. v. Silvia S.

The Administration for Children's Services (ACS) filed a motion in Family Court, Queens County, seeking an order to compel the respondent, Silvia S., to produce her psychological, psychiatric, and medical records. ACS argued that these records were necessary to investigate allegations of child neglect involving Silvia S. and her child, Daniel C., following incidents related to her seizure disorder, homelessness, and postpartum depression. The court, presided over by Judge Edwina G. Richardson-Mendelson, denied the motion. The judge found that ACS had not demonstrated a meritorious cause of action for neglect and was improperly seeking pre-petition disclosure to determine if a cause of action existed. The court also emphasized the need for confidentiality under HIPAA and Mental Hygiene Law § 33.13, concluding that the interest of justice did not outweigh the respondent's need for privacy given the lack of a stated cause of action and no harm to the child.

Child NeglectMedical Records DisclosurePsychiatric RecordsPsychological RecordsPre-Petition DisclosureCPLR 3102(c)Family Court Act § 1038(d)HIPAAMental Hygiene Law § 33.13Confidentiality
References
9
Case No. MISSING
Regular Panel Decision
Nov 02, 2009

Silvia v. Bow Tie Partners, LLC

Plaintiff Joseph C. Silvia, III was injured after a plank on a makeshift scaffold broke beneath him, causing him to fall several feet at a construction site. He and his wife, derivatively, commenced an action asserting a cause of action pursuant to Labor Law § 240 (1), alleging the defendants failed to provide adequate safety devices. The Supreme Court granted plaintiffs' motion for partial summary judgment on the issue of liability. On appeal, the court reversed, finding that defendants and D & B Acoustical raised questions of fact regarding whether there was a statutory violation and whether plaintiff's conduct was the sole proximate cause of his injuries, thus precluding partial summary judgment.

Construction AccidentScaffolding FailureFall from HeightLabor Law ViolationSummary Judgment ReversalSafety Device AdequacyProximate CauseContributory NegligenceEmployer LiabilityConstruction Site Safety
References
13
Case No. ADJ3212062
Regular
Oct 02, 2015

SILVIA BORBOA vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Silvia Borboa's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied Borboa's petition for removal, finding no showing of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy later. This ruling emphasizes that reconsideration is only available for final substantive decisions. Removal is an extraordinary remedy, granted only to prevent significant harm when reconsideration will be insufficient.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural DecisionEvidentiary Decision
References
6
Case No. ADJ891020 (VNO 0432591) ADJ1599945 (VNO 0432592)
Regular
Mar 27, 2015

SILVIA MANN vs. ODIN PRODUCTIONS, INC., NORTH AMERICAN SPECIALTY INSURANCE COMPANY

In Silvia Mann v. Odin Productions, Inc. et al., the Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration. This action is being taken due to statutory time constraints and a preliminary review suggesting further study of the case's factual and legal issues is necessary. The WCAB seeks a complete understanding to issue a just decision and will allow for further proceedings as appropriate. All communications regarding this petition must be filed directly with the WCAB Commissioners' office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardOdin ProductionsInc.North American Specialty Insurance CompanyADJ891020ADJ1599945Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. ADJ1699994 (LAO 0748438)
Regular
Aug 24, 2011

JOSE L. MACIAS vs. J. B. HUNT TRANSPORT, INC., CHARTIS CLAIMS, INC.

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied a Petition for Removal filed by J.B. Hunt Transport, Inc. (Chartis) against Jose L. Macias. The employer sought removal, arguing the Administrative Law Judge (WCJ) violated their due process by setting the case for trial before completing discovery. The Board adopted the WCJ's report, finding removal to be an extraordinary remedy not warranted here as no substantial prejudice or irreparable harm was shown. The WCJ noted the employer's delay in pursuing discovery and failure to object to the applicant's readiness to proceed, deferring discovery rulings to the trial judge.

Workers' Compensation Appeals BoardPetition for RemovalDue ProcessDiscoveryHome Health CareStipulations with Request for AwardPermanently Totally DisabledMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code §5310
References
0
Case No. ADJ11229680
Regular
Oct 13, 2025

BEATRIZ MACIAS vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Applicant Beatriz Macias (deceased) sought reconsideration of a Findings of Fact and Award (F&A) that found her 100% permanently disabled but applied credits for earnings, temporary disability, and Labor Code section 4850 benefits. The defendant argued the credit was appropriate to prevent double recovery. The Appeals Board granted reconsideration, determining that the WCJ improperly allowed credits for temporary disability indemnity, salary, or section 4850 benefits, as permanent disability compensates for physical loss and lost earning capacity, distinct from temporary disability. Consequently, the F&A was amended to permit credit solely for permanent disability paid and reasonable attorney fees, with the remainder of the F&A affirmed.

Workers' Compensation Appeals BoardDeputy SheriffMetastatic Breast CancerUlnar Nerve InjuryPermanent Total DisabilityPetition for ReconsiderationLabor Code Section 4850Temporary Total DisabilityPermanent Disability IndemnityCredit for Benefits Paid
References
7
Case No. ADJ8187782
Regular
Nov 05, 2018

RUBEN VARGAS vs. CARLOS MACIAS AKA CARLOS LUIS MACIAS, COMTRAK LOGISTICS, ONE BEACON

This case involves a Petition for Reconsideration and Removal that has been dismissed and denied. The Workers' Compensation Appeals Board found the WCJ's order joining a party defendant was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal as the petitioner failed to demonstrate substantial prejudice or irreparable harm, deeming reconsideration an adequate future remedy. Defense counsel was also admonished for improperly attaching extraneous documents to the petition.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ2166029
Regular
Jul 07, 2010

HUMBERTO MACIAS vs. ECONOMY INN

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant claimed injury while performing unlicensed construction work for the defendant. The Board adopted the judge's report, finding the applicant's testimony lacked credibility due to numerous inconsistencies. Furthermore, the work performed by the applicant did not meet the criteria for employment under Labor Code §3351(d) and §3352(h), thus excluding coverage.

WCABReconsideration DeniedAOE/COECredibility FindingUnlicensed ContractorLabor Code §3202.5Preponderance of EvidenceResidential Dwelling ExclusionLabor Code §3352(h)Business Entity
References
2
Case No. ADJ698188 (LAO 0876540), ADJ1110681 (LAO 0876542)
Regular
Jan 19, 2017

SILVIA ESPIRIAN vs. COUNTY OF LOS ANGELES

The Appeals Board granted reconsideration and rescinded prior findings that the applicant sustained no industrial injury. The Board found that the WCJ's decisions lacked sufficient analysis and failed to articulate specific reasons and evidence relied upon for each determination. Consequently, the matter is returned to the trial level for further proceedings and new decisions by the WCJ. A potential typographical error in one of the prior findings was also noted.

Petition for ReconsiderationFindings and OrderFindings and AwardWCJIndustrial InjuryNeck InjuryBack InjuryHip InjuryKnee InjuryPsyche Injury
References
3
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