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

Case No. ADJ1513511
Regular
Sep 21, 2015

RIZALINA DERRO vs. KAISER PERMANENTE, WEST ANAHEIM MEDICAL CENTER, TERRACE VIEW CONVALESCENT HOSPITAL, COVENANT CARE, SOUTH GATE CARE CENTER, BROADSPIRE, SUN HEALTH CARE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sun Health Care/Regency and CNA Claims Plus liable for the applicant's left wrist injury. The applicant sustained a cumulative trauma injury to her left wrist during the period of 11-1-1995 to 11-1-1996, while employed by both Covenant Care (insured by AIG) and Sun Health Care (insured by CNA). A previous Compromise and Release barred claims against Covenant Care and AIG, leaving Sun Health Care and CNA liable. The Board adopted the WCJ's report, which relied on medical evidence and legal precedent to uphold the finding of industrial injury and liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCumulative TraumaLeft Wrist InjuryCarpal Tunnel SyndromeCompromise and ReleaseApportionmentDate of InjuryMedical Probability
References
0
Case No. ADJ 1513511 (LBO 0279490)
Regular
Apr 15, 2016

RIZALINA DERRO vs. KAISER PERMANENTE, WEST ANAHEIM MEDICAL CENTER, TERRACE VIEW CONVALESCENT HOSPITAL, COVENANT CARE, SOUTH GATE CARE CENTER, BROADSPIRE, SUN HEALTH CARE, AIG CLAIM SERVICES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) is issuing a notice to rescind a prior WCJ decision and remand the case to the WCJ for further record development. This action follows a Court of Appeal order directing the WCAB to address the causation issue regarding the applicant's left wrist injury and employment with Sun Health Care. The WCAB, in its response to the Court, indicated the need for further medical record development on this causation issue. The Court of Appeal dismissed the applicant's petition for review, granting the WCAB's request for remand.

Workers' Compensation Appeals BoardKaiser PermanenteWest Anaheim Medical CenterTerrace View Convalescent HospitalCovenant CareSouth Gate Care CenterBroadsireSun Health CareAIG Claim ServicesCNA Claims Plus
References
3
Case No. MISSING
Regular Panel Decision

Kevin M. v. South Beach Psychiatric Center

Kevin M. was arrested for stalking Grammy-winning singer Robyn Fenty (Rihanna) after sending her hundreds of delusional letters and frequently appearing near her Manhattan apartment. Found unfit to stand trial, he was civilly committed to South Beach Psychiatric Center (SBPC). During a subsequent hearing, medical experts testified to his severe psychotic disorder, continuous delusions, and assessment as a danger to himself and others. The court denied Kevin M.'s application for release, finding existing Mental Hygiene Law inadequate to protect Ms. Fenty. Exercising its general equity jurisdiction, the court issued a permanent injunction and an order of protection, prohibiting Kevin M. from any contact with Ms. Fenty or her properties, and allowing for immediate arrest if violated, addressing perceived gaps in New York law concerning dangerously mentally ill individuals with specific targets.

StalkingMental IllnessInvoluntary CommitmentOrder of ProtectionPermanent InjunctionPsychotic DisorderPublic SafetyCriminal Procedure LawMental Hygiene LawEquity Jurisdiction
References
23
Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. MISSING
Regular Panel Decision
Oct 11, 2012

Gullo v. Bellhaven Center for Geriatric & Rehabilitative Care, Inc.

This case concerns an appeal regarding an employee, Lenny Gullo, who sued his employer, Bellhaven Center, for damages stemming from a delayed diagnosis of Hepatitis C. Gullo underwent a routine blood test in 2005 which tested positive for the Hepatitis C antibody, but he was only informed of this condition in 2009. Along with his wife and daughter, Gullo commenced an action alleging damages due to the delayed diagnosis caused by the employer's failure to disclose test results. The Supreme Court initially granted Bellhaven's motion for summary judgment, ruling that Workers' Compensation Law provided the exclusive remedy. However, the appellate court reversed this decision, emphasizing that the Workers’ Compensation Board holds primary jurisdiction over issues of compensation coverage. The matter was remitted back to the Supreme Court, Suffolk County, for a new determination following a resolution by the Workers' Compensation Board regarding the parties' rights.

Primary JurisdictionHepatitis CDelayed DiagnosisPersonal InjurySummary JudgmentAppellate ReviewRemittalEmployer LiabilityMedical Test ResultsSuffolk County Supreme Court
References
8
Case No. ADJ6713503
Regular
May 16, 2014

MATTHEW JENSON vs. PEPSI BOTTLING GROUP, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by South Lake Medical Center and its associated entities. The Board also dismissed the successive Petition for Reconsideration filed by Accurate Medical Assessment Rating Center (AMARC). AMARC's prior petition was already denied, and successive petitions are not permitted, requiring review by the Court of Appeals instead. The Board adopted the WCJ's Report and Recommendation in support of these decisions.

WCABLien ClaimantPetition for ReconsiderationLabor Code section 5813California Code of Regulations title 8 section 10561WCJSanctionsSuccessive PetitionOrder Denying Petitions for ReconsiderationWrit of Review
References
2
Case No. MISSING
Regular Panel Decision
Oct 27, 1993

Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.

The plaintiff, an employee of Restor Technologies, Inc., was injured while dismantling a hoist on the roof of a building owned by Margaret Tietz Center for Nursing Care, Inc., when he was struck by a falling steel beam, resulting in a severe knee injury requiring multiple operations and causing permanent disability. The trial court directed a verdict in favor of the plaintiff against Tietz Center, and Tietz Center was granted a directed verdict against Restor based on contractual and common-law indemnification, with a jury initially awarding $600,000 in damages. On appeal, the court rejected contentions that Labor Law § 240 was inapplicable and that the plaintiff's recovery was limited to Workers' Compensation benefits. However, the appellate court found the damages award excessive and conditionally modified the judgment. The judgment was affirmed only if the plaintiff stipulated to reduce the verdict from $600,000 to $300,000, otherwise a new trial on damages only would be granted.

Personal InjuryFalling ObjectElevated WorksiteIndemnificationExcessive DamagesConditional AffirmationDamages ReductionJury VerdictAppellate ReviewLabor Law § 240
References
7
Case No. MISSING
Regular Panel Decision

Davis v. Holliswood Care Center

Wilbert Davis sued Holliswood Care Center, Inc. and Local 1199, Drug, Hospital and Health Care Employee's Union under § 301(a) of the Labor Management Relations Act. Davis challenged his discharge, alleging a violation of a collective bargaining agreement and a breach of fair representation by the union for not arbitrating his case, along with a state defamation claim. Defendants moved for summary judgment, arguing the claims were time-barred. The court granted summary judgment, finding Davis knew the union declined arbitration more than six months before filing suit. Consequently, the court dismissed both the federal and pendent state claims as time-barred under the six-month statute of limitations of § 10(b) of the NLRA.

Summary JudgmentTime-BarredStatute of LimitationsHybrid § 301/Fair Representation ClaimLabor Management Relations ActNational Labor Relations ActDuty of Fair RepresentationCollective Bargaining AgreementEmployee DischargeDefamation
References
9
Case No. MISSING
Regular Panel Decision
Sep 15, 1997

Mushatt v. Cayuga Medical Center

Plaintiff appealed a judgment favoring defendants Cayuga Medical Center and the estate of her obstetrician, Frank Flacco, in a medical malpractice case. Plaintiff alleged that negligent care during her son Quandale's birth on August 15, 1990, led to his severe spastic cerebral palsy, mental retardation, and seizure disorder, attributing it to oxygen deprivation caused by a delayed Cesarean section. Defendants argued the oxygen deprivation occurred prior to delivery due to an acute event and chronic condition, and their care met standards. The jury sided with defendants. On appeal, plaintiff challenged the verdict's weight, the application of CPLR 4519 (Dead Man's Statute), the admission of testimony regarding her drug and alcohol use, and a missing witness charge. The Supreme Court Appellate Division affirmed the judgment, finding no errors warranting reversal.

Medical MalpracticeBirth InjuryCerebral PalsyOxygen DeprivationCesarean SectionExpert WitnessDead Man's StatuteCPLR 4519Appellate ReviewNegligence
References
4
Case No. 2025 NY Slip Op 25022
Regular Panel Decision
Jan 29, 2025

Matter of Mountainside Residential Care Ctr. (S.O.)

Mountainside Residential Care Center petitioned for a guardian for S.O., an undocumented stroke patient needing Medicaid for care. The Supreme Court, Delaware County, appointed S.O.'s children, C.O. and S.O., Jr., as co-guardians of his property. The core issue was granting guardians authority to interact with federal immigration agencies (USCIS/ICE) to pursue Permanent Residence Under Color of Law (PRUCOL) status, essential for S.O. to qualify for Medicaid benefits. The court granted this authority, emphasizing the guardians' discretion and the sealed nature of the case, to allow the family to navigate the complex process for obtaining critical healthcare funding.

GuardianshipIncapacitated PersonsMedicaid EligibilityUndocumented ImmigrantsPRUCOL StatusImmigration LawHealth Care BenefitsElder CareFamily GuardiansCourt Orders
References
1
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