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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
Case No. ADJ1745994 (LAO 0863856)
Regular
Jul 29, 2015

VLADIMIR KIRAKOSYAN vs. QUALITY SECURITY SERVICE, INC., STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a procedural order memorializing stipulations that took an expedited hearing off calendar. The stipulations involved authorizing medical consultations, with the defendant claiming the applicant's counsel omitted a material fact. The Appeals Board dismissed the petition for reconsideration as it was not filed from a final order. Furthermore, the petition for removal was denied, as the defendant failed to demonstrate significant prejudice or irreparable harm, and a unilateral mistake is not sufficient grounds to set aside stipulations.

Petition for ReconsiderationPetition for RemovalMinutes of HearingStipulationsDeclaration of Readiness to ProceedNon-final orderFinal orderSubstantive rightsLiabilitiesThreshold issue
References
11
Case No. ADJ3855987 (OAK 0344425)
Regular
Aug 22, 2012

FRANCIS CRUZ vs. UNIVERSITY ELECTRIC COMPANY, INC., AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of an order allowing an Employment Development Department lien claim. The Board rescinded the original order, finding that the parties had reached a new stipulation based on a mutual mistake regarding the application of a time-off-work cap to the lien. The case is returned to the trial level for further proceedings to approve the replacement stipulation or for the judge to re-issue the original order if the new stipulation is not approved. The Petition for Removal was dismissed as reconsideration was deemed an adequate remedy.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder Allowing Lien ClaimEmployment Development DepartmentMutual Mistake of FactTTD CapCompromise and ReleaseStipulationWCJ
References
0
Case No. ADJ7277939
Regular
Jan 11, 2011

MISUK BRIANS vs. WHOLE FOODS MARKET, ACE AMERICAN INSURANCE CO., GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board case, the defendant sought removal after the judge took a mandatory settlement conference off calendar and demanded further responses. The Board granted removal, rescinding the judge's order and criticizing the procedural deviation from policy. The Board found the applicant's stipulations adequate despite the defendant's withdrawal of agreement. The Board will approve the stipulations unless either party objects in writing within twenty days.

Petition for RemovalMandatory Settlement ConferenceStipulations with Request for AwardOrder Taking MSC Off CalendarWorkers' Compensation Appeals BoardWCJLabor Code section 5502(a)Policy and Procedure Manual section 1.91(C)(3)Status ConferenceAdequacy
References
0
Case No. ADJ8973046
Regular
Dec 28, 2015

FERMIN CEJA vs. SAUSALITO MOVING & STORAGE, INC., ZURICH AMERICAN INSURANCE CO.

In this workers' compensation case, the defendant insurer, Zurich American Insurance Co., sought reconsideration of an order compelling them to comply with a stipulation agreement. Zurich argued they entered the stipulation by mistake, as they did not provide insurance coverage on the date of the applicant's specific injury. The Appeals Board granted reconsideration, rescinded the order to comply, and deferred Zurich's petition to set aside the stipulation. The Board emphasized that Zurich remains bound by the original stipulations until the petition to set aside is fully adjudicated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition to Set Aside StipulationMistake of FactInsurance CoverageStipulation and OrdersTemporary Total DisabilityHernia InjuryMPNAppeal
References
0
Case No. ADJ2414146 (ANA 0407600)
Regular
Oct 20, 2008

JOSEPH MORENO vs. COUNTY OF LOS ANGELES/PUBLIC SAFETY

This case involves a Petition for Reconsideration filed by the Defendant, County of Los Angeles/Public Safety, regarding an order for temporary disability benefits. The Board dismissed the petition, finding no order was issued under the case number cited by the Defendant, and also noting the underlying order merely approved a stipulation voluntarily entered into by the Defendant. Even if the petition had been properly filed, reconsideration would have been denied as there was no basis to set aside the Defendant's stipulation.

WCABPetition for ReconsiderationStipulationTemporary DisabilityDate of InjuryJurisdictionExpedited Hearing OrderSelf-InsuredWorkers' Compensation JudgeCase Number
References
0
Case No. ADJ544857 (SDO 0146503)
Regular
Mar 03, 2011

GEORGE ABOUD vs. HARTSON MEDICAL SERVICES, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order approving a stipulation for $\$6,510.00$ in medical expense reimbursement, alleging his attorney mistakenly agreed to the lower amount instead of $\$13,020.00$. The Appeals Board granted reconsideration, rescinded the original order, and remanded the case. The WCJ must now determine if there is good cause to set aside the stipulation based on the alleged mistake. If not, the stipulation will be reinstated.

Workers' Compensation Appeals BoardReconsiderationStipulationMedical ExpensesOut-of-pocketReimbursementMistake of FactGood CauseRescindRemand
References
3
Case No. ADJ3588216 (LAO 0866168) ADJ4039946 (LAO0866169)
Regular
May 20, 2009

MARIA ADELA PEREZ vs. JOSE HERNANDEZ, CRAWFORD & COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The defendant sought to rescind two stipulation and orders approving settlements with lien claimants, Dr. Ehyai and Dr. Dini. These orders settled the liens for $1,700 and $1,500 respectively, despite prior payments by the defendant to both doctors totaling over $4,300. The Board rescinded the orders and returned the matter for a hearing to determine if the stipulations were based on misrepresentation or mutual mistake by the lien claimants.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and OrderLien ClaimantDr. Reza EhyaiDr. Ali DiniRescissionMisrepresentationMutual MistakeGood Cause
References
1
Case No. ADJ11337895 ADJ11491987 ADJ11981006
Regular
Jan 17, 2020

MOISES RIVERA TOPETE vs. LAKESIDE GOLF CLUB, FEDERAL INSURANCE COMPANY

The applicant sought removal of a prior order designating Dr. Georgis as the Qualified Medical Evaluator (QME) due to issues with the replacement panel's issuance. The WCAB granted reconsideration solely to amend the order to reflect a stipulation between the parties regarding the applicant's employment dates and injuries. The WCAB otherwise affirmed the prior order, finding no significant prejudice or irreparable harm to justify removal of the QME determination. The core issue of the QME's propriety was not fully resolved, but the parties' stipulation was incorporated.

Workers' Compensation Appeals BoardQualified Medical EvaluatorPetition for ReconsiderationFindings and OrderAdministrative Law JudgeReplacement PanelThreshold IssueInterlocutory DecisionRemoval StandardSignificant Prejudice
References
4
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