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Case Law Database

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

Case No. ADJ10171082
Regular
Nov 05, 2019

Mercedes Cuevas vs. Pacific Union Conference of Seventh Day Adventists, Cambridge Administrators, LLC

This case concerns whether the defendant provided adequate notice to the applicant regarding her workers' compensation rights, specifically concerning the statute of limitations. The applicant, who does not speak English, received notices only in English, which may violate Labor Code Section 5401's requirement for notices to be available in both English and Spanish. The Workers' Compensation Appeals Board (WCAB) rescinded the prior findings and returned the case for further proceedings to determine if the statute of limitations should be tolled. The WCAB emphasized the need to investigate whether the applicant had actual knowledge of her rights and obligations despite the language barrier.

Workers' Compensation Appeals BoardReconsiderationFindings of FactPermanent Disability Benefits DenialReynolds v. Workmen's Comp. Appeals Bd.Statute of LimitationsTollingSection 5401Spanish Language NoticeInformation and Assistance Officer
References
9
Case No. ADJ3758649 (SAL 0085688)
Regular
Apr 11, 2014

, Enrique vs. , MONTEREY MUSHROOMS, INC.;, CALIFORNIA INSURANCE GUARANTEE, ASSOCIATION for SUPERIOR NATIONAL, INSURANCE COMPANY, in liquidation,, administered by SEDGWICK CMS,

The Workers' Compensation Appeals Board (WCAB) reviewed defendant Monterey Mushrooms' Petition for Reconsideration regarding applicant Enrique Castaneda's knee injury. While affirming the WCJ's findings of injury and need for future medical care, the WCAB issued a Notice of Intention to Impose Sanctions against defendant's counsel. This notice cites unprofessional and disrespectful language used in the petition, deeming it potentially frivolous and in bad faith. The WCAB will issue a final decision on sanctions and the merits of the reconsideration after allowing time for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactRight Knee InjuryDate of InjuryStatute of LimitationsFuture Medical CareSanctionsBad Faith ActionsFrivolous Tactics
References
0
Case No. MISSING
Regular Panel Decision

Dilonez v. Fox Linen Service Inc.

Plaintiffs Angel Dilonez and others initiated an action against Fox Linen Service, Inc. and its owner George Sundel, alleging violations of the Fair Labor Standards Act (FLSA) and New York labor laws for failing to pay overtime wages. Plaintiffs sought conditional certification of a collective action, which defendants opposed on several grounds, including the validity of declarations and the scope of the proposed class and notification. The United States Magistrate Judge Gary R. Brown granted the motion for conditional certification, finding that plaintiffs met the 'modest factual showing' required to demonstrate a common policy or plan violating the law. The court also issued detailed directives regarding the notification process, including a six-year statute of limitations for state claims, approval for Spanish translation, and posting of the notice at the defendants' workplace. The decision addressed the contents of the notice, disallowing language that might unduly discourage opt-in plaintiffs, and clarified the procedure for returning consent forms to plaintiffs' counsel.

Fair Labor Standards ActFLSANew York Labor LawOvertime WagesCollective ActionConditional CertificationWage and Hour DisputeEmployment LawClass Action NoticePlaintiff's Motion Granted
References
38
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. ADJ3824996
Regular
Feb 06, 2015

OLIVIA AGUILAR vs. APPAREL VENTURES, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a defendant's petition for removal to reverse an order denying their petition for dismissal. The denial was based on the defendant's notice letter to the applicant not strictly adhering to the language required by WCAB Rule 10582. The Appeals Board adopted the WCJ's reasoning and denied the petition, finding the notice defective. One Commissioner dissented, arguing the minor language variation should not prevent dismissal, especially given the lack of applicant response.

Petition for RemovalWCAB Rule 10582DismissalNotice letterGood reasonAttorney timeAdministrative law judgeDissenting opinionWorkers' Compensation Appeals BoardVariance
References
1
Case No. ADJ9391781 ADJ9392135 ADJ9391782
Regular
Oct 14, 2018

DAWN WORTH vs. DEPARTMENT OF STATE HOSPITALS COALINGA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Reconsideration to address potential sanctions. The defendant contended the WCJ erred by barring defense witnesses as a discovery sanction and violating due process. The Board issued a Notice of Intention to Impose Sanctions of $500 against the defendant and its attorney, Ben McGriff, due to alleged bad-faith actions and disrespectful language toward the WCJ in the Petition. The Board is seeking objections to the sanctions before making a final decision on the merits of the petition.

WCABPetition for ReconsiderationStatute of LimitationsDiscovery SanctionDue ProcessLabor Code § 5813WCAB Rule 10561Bad Faith ActionsFrivolous TacticsUnnecessary Delay
References
0
Case No. ADJ7280301
Regular
Feb 18, 2014

CONNIE DER TOROSSIAN vs. FAIR HOUSING COUNCIL OF ORANGE COUNTY, STATE COMPENSATION INSURANCE FUND

The applicant's attorney, Dennis Hershewe, sought reconsideration of a WCJ's findings denying industrial injury. The Appeals Board granted reconsideration, but is also issuing a notice of intention to sanction Hershewe for $1,500. This is due to his petition containing language deemed insulting, disrespectful, and impugning the WCJ's integrity. The Board found these statements constituted bad faith litigation conduct under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationBad Faith Litigation ConductLabor Code section 5813WCAB Rule 10561SanctionsDennis HersheweIndustrial InjuryPsycheInternal Systems
References
0
Case No. ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087] ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164]
Regular
Nov 24, 2008

PARVIN OLFATI, PATTY OLFATI vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely because it was improperly filed with a district office instead of directly with the Board, and even if timely, would have been denied on the merits. The Board also denied the applicant's petition for disqualification of the judge, finding no evidence of bias, as any misstatement about the number of cases was likely due to the judge's specific assignment. Finally, the applicant was put on notice regarding potential sanctions for future intemperate language and the possibility of being declared a vexatious litigant for repeatedly filing meritless disqualification petitions.

WCABPetition for ReconsiderationPetition for DisqualificationUntimely FilingFormer Rule 10840Adverse RulingsBiasPrejudiceMandatory Settlement ConferenceTrial
References
9
Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
Case No. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
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