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

Case No. 2019 NY Slip Op 01015 [169 AD3d 1479]
Regular Panel Decision
Feb 08, 2019

Matter of Monroe County Fedn. of Social Workers, IUE-CWA Local 381 v. Stander

The Appellate Division, Fourth Department, dismissed a CPLR article 78 proceeding commenced by the Monroe County Federation of Social Workers. Petitioner sought to compel Hon. Thomas A. Stander, a retired Supreme Court Justice, to render a judgment in an underlying special proceeding. The petition was found untimely, filed in August 2018, beyond the four-month statute of limitations from the December 2017 refusal of demand. Additionally, it was jurisdictionally defective due to a lack of personal jurisdiction over the respondent. Finally, the court concluded the petition was without merit, as mandamus relief is an extraordinary remedy for mandatory, not discretionary, acts, and the respondent's "decision and order" was deemed a judgment from which petitioner failed to appeal.

Mandamus to CompelCPLR Article 78Timeliness of ActionPersonal JurisdictionExtraordinary RemedyAppellate ProcedureJudgment EntrySpecial ProceedingSupreme Court JusticeRetired Justice
References
24
Case No. ADJ10841321
Regular
Jul 15, 2025

RUBEN VEGA vs. HEAVILAND ENTERPRISES, ZURICH NORTH AMERICA

Ruben Vega sought reconsideration of a WCJ's findings that awarded him 25% permanent disability after apportionment. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and found that the qualified medical evaluator's apportionment opinions lacked substantial medical evidence due to inadequate reasoning and inconsistencies. As a result, the WCAB rescinded the original findings and awarded Ruben Vega 57% permanent disability without apportionment.

ApportionmentQualified Medical EvaluatorPermanent DisabilitySubstantial Medical EvidenceLabor Code 4663Labor Code 4664EscobedoNunes ICausation of DisabilityDRE Chart
References
7
Case No. MISSING
Regular Panel Decision
Jan 11, 2011

Amill v. Lawrence Ruben Co.

Plaintiff sought recovery for injuries sustained from a fall at Blair Perrone Steakhouse. Initially, the Supreme Court granted summary judgment to defendants, denied plaintiff's cross-motion, denied landlord defendants' indemnification cross-claims, and granted Four Little's cross-motion to dismiss landlord defendants' cross-claims. The appellate court modified this. It denied Four Little's motion to dismiss the complaint against it, reinstating plaintiff's claims. It also denied Four Little's dismissal of contractual indemnification cross-claims by the landlord defendants, granted landlord defendants summary judgment on their third-party claim against Four Little for contractual indemnification, and remanded for damages assessment. The court affirmed the dismissal of the complaint against Tower and Lawrence Ruben, finding no significant structural defect or statutory safety violation. Additionally, Blair Perrone was deemed the plaintiff's special employer, limiting recovery against it to workers' compensation benefits.

Workers' Compensation LawSummary JudgmentIndemnificationPremises LiabilitySpecial EmployerLadder AccidentManagement AgreementLease AgreementThird-Party ActionContractual Indemnification
References
8
Case No. MISSING
Regular Panel Decision

Sanchez v. Berryhill

Plaintiff Ruben Sanchez sought judicial review of the Acting Commissioner of Social Security's final decision denying his application for disability insurance benefits. The plaintiff alleged disability since December 2012 due to multiple impairments including hypertension, diabetes, and COPD. His application was denied initially and on reconsideration, and an ALJ upheld the denial. The district court affirmed the Commissioner's decision, finding that the ALJ's determination was supported by substantial evidence and any legal error was harmless, particularly regarding the number of jobs existing in the national economy and the evaluation of the plaintiff's intellectual impairment.

Social Security ActDisability BenefitsALJ DecisionResidual Functional CapacityVocational ExpertUnskilled WorkIntellectual ImpairmentSubstantial EvidenceHarmless ErrorJudgment on Pleadings
References
17
Case No. ADJ7878616
Regular
Jul 02, 2013

Carlotta Hernandez-Diaz vs. Ruben M. Garcia - Farm Labor Contractor, Republic Underwriter Insurance Company

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration because it lacked merit and was procedurally deficient. The Board admonished the defendant for mislabeling a Request for Change of Venue as a Petition for Reconsideration, noting it was their second such unsuccessful attempt to change venue. The defendant failed to timely object to the original venue selection and did not demonstrate significant prejudice or irreparable harm required for a petition for removal. Consequently, the Board denied the defendant's petition, adopting the Administrative Law Judge's report and recommendation.

WCABPetition for ReconsiderationRequest for Change of VenueDocument Separator SheetAdministrative Law JudgePetition for RemovalVenueLabor Code Section 5501.5(d)Stockton District OfficeSan Joaquin County
References
0
Case No. ADJ16382526; ADJ15808844
Regular
Aug 11, 2025

RUBEN FLORES vs. AA HOLDINGS, EMPLOYERS ASSURANCE COMPANY

Applicant Ruben Flores sought reconsideration of a Findings and Order (F&O) from May 5, 2025, where the WCJ found no industrial injury to the psyche, concluding a good faith personnel action. Flores, acting in pro per, contended wrongful termination under Labor Code section 132a and alleged fraudulent statements by the defendant. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, an answer from the defendant, and the WCJ's report recommending denial. The WCAB ultimately granted the petition for reconsideration, deferring a final decision after reconsideration for further review of the merits and the entire record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryPsycheLabor Code section 132aWrongful TerminationFraudulent StatementReport and RecommendationElectronic Adjudication Management System
References
14
Case No. ADJ3979815
Regular
Apr 14, 2016

RUBEN ALMENDAREZ vs. DREYER'S GRAND ICE CREAM HOLDINGS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Ruben Almendarez's petition for reconsideration. The petition was dismissed because it was untimely filed, exceeding the 25-day statutory deadline for reconsideration following the WCJ's January 22, 2016 decision. The WCAB emphasized that a petition must be *received* by the Board within the timeframe, not just mailed. As the deadline is jurisdictional, the Board lacked authority to consider the petition's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitProof of MailingWCJ DecisionMaranian v. Workers' Comp. Appeals Bd.Service by MailExtension of TimeDismissal Order
References
4
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
3
Case No. ADJ9232746
Regular
Jul 22, 2016

RUBEN SANCHEZ vs. BENCHMARK PEST CONTROL, UNINSURED EMPLOYERS BENEFITS TRUST FUNDS

This Workers' Compensation Appeals Board (WCAB) order dismisses a petition for reconsideration filed by Joann Ozanich in the case of Ruben Sanchez v. Benchmark Pest Control. The primary reason for dismissal is that the petition was untimely, filed significantly beyond the 25-day statutory deadline after the WCJ's November 10, 2014 decision. Additionally, the petition was found to be "skeletal" as it failed to clearly articulate the specific errors made by the WCJ. The WCAB emphasizes that the time limit for filing such petitions is jurisdictional and cannot be extended.

Petition for ReconsiderationUntimely FilingLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionProof of MailingSkeletal PetitionDismissal
References
4
Case No. ADJ8089436
Regular

Ruben Magana vs. Jason Hall, Joel Hall, Green Tree Nursery, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) has dismissed Ruben Magana's petition for removal. This dismissal is based on the advice that a settlement is pending in the case. Consequently, no further action will be taken on the petition. The file will be returned to the district office for the submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingDismissedWorkers' Compensation Appeals BoardWCJStockten District OfficeSeabright Insurance CompanyGreen Tree NurseryJoel HallJason Hall
References
0
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