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

Case No. ADJ1627678 (POM 0300392)
Regular
Jun 02, 2011

SUZANNE SIEVERTSON vs. COUNTY OF SAN BERNARDINO

This case involves Suzanne Sievertson's workers' compensation claim against the County of San Bernardino. The Workers' Compensation Appeals Board (WCAB) reviewed a Petition for Reconsideration filed by the applicant. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) and denied the reconsideration.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAdopted reportIncorporated reportAdministrative Law JudgePermissibly-InsuredCounty of San BernardinoApplicant
References
0
Case No. MISSING
Regular Panel Decision

In re Hime Y.

This appeal concerns the termination of a natural mother's parental rights to her children, Suzanne and Hime, focusing on the ground of 'mental illness.' Previously, the case involving Suzanne was remanded due to an erroneous 'no-fault' theory, and a separate proceeding for Hime had dismissed termination, granting custody to foster parents with visitation rights for the mother. The appellate court now scrutinizes the record for the first time regarding the 'mentally ill' contention, considering medical reports, caseworker testimonies, and drawing an unfavorable inference from the mother's failure to present her own psychiatric evidence. The court found 'clear and convincing' proof that the mother suffered from a residual form of schizophrenia, preventing her from properly caring for Hime and putting the child in danger of neglect. Consequently, the Family Court's order dismissing causes relating to Hime was modified; the petition to terminate parental rights based on mental illness was granted, the mother's visitation privileges were vacated, and the matter was remanded for further proceedings.

Parental Rights TerminationMental IllnessSchizophreniaChild NeglectAppellate ReviewFamily Court ActSocial Services LawVisitation RightsFoster CarePsychiatric Evaluation
References
5
Case No. ADJ1805486
Regular
Jul 01, 2010

SUZANNE SINGER vs. DISNEYLAND, DISNEY WORLD WIDE SERVICES

The Workers' Compensation Appeals Board dismissed applicant Suzanne Singer's petition for reconsideration because it was a successive petition. Singer sought reconsideration of a prior decision that affirmed the denial of her industrial injury claim from October 7, 2004. The Board found that Singer was not newly aggrieved by the prior decision and her only recourse was a writ of review, not another petition for reconsideration. Therefore, the Board dismissed her petition.

successive petitionpetition for reconsiderationindustrial injuryspecial missionwrit of reviewAppeals BoardWCJdeviationresume missionintoxicated
References
5
Case No. ADJ877465 (GOL 0100460) ADJ1413444 (GOL 0100461)
Regular
Dec 27, 2017

SUZANNE COSTELLO vs. NORTHERN TRUST BANK, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of 100% permanent disability for Suzanne Costello. The applicant sustained admitted injuries to her lumbar spine, psyche, and gastrointestinal system in a 2003 fall, resulting in significant physical limitations. Medical and vocational evidence supported the conclusion that she cannot participate in vocational rehabilitation or return to the labor market due to chronic pain, immobility, and psychological impairments. The Board found her limitations, including upper extremity symptoms noted by one evaluator, were consistent with the industrial injury and thus supported the total disability finding.

WCABNorthern Trust BankZurich North AmericaSuzanne CostelloFindings of Fact and AwardPetition for Reconsiderationvocational rehabilitationLeBoeuf analysisPermanent Disability Rating ScheduleReport and Recommendation
References
0
Case No. ADJ1805486 (GOL 0100327)
Regular
Apr 30, 2010

SUZANNE SINGER vs. DISNEYLAND, DISNEY WORLD WIDE SERVICES, Permissibly Self-Insured

This case involves an employee, Suzanne Singer, injured in a car accident after attending an employer-sponsored service award dinner. The employer, Disneyland, argued the injury was non-industrial due to a major deviation from a special mission exception to the going and coming rule and intoxication. While the Appeals Board agreed the injury occurred after a substantial deviation from the special mission, they noted the employer failed to prove intoxication was the proximate cause of the accident and might be estopped from raising that defense. Ultimately, the Board affirmed the finding of no industrial injury but deleted the intoxication finding.

Special mission exceptionGoing and coming ruleDeviationIntoxication defenseEstoppelCredibility determinationCourse of employmentArising out of employmentCumulative trauma injuryService award dinner
References
12
Case No. 2017 NY Slip Op 08359 [155 AD3d 1014]
Regular Panel Decision
Nov 29, 2017

Keceli v. Yonkers Racing Corp.

The plaintiff, Suzanne Elizabeth Keceli, an openly gay woman, alleged employment discrimination based on sexual orientation and unlawful retaliation against her employer, Yonkers Racing Corporation, and individual supervisors. She claimed persistent discriminatory comments and retaliatory actions after complaining about the workplace environment. The Supreme Court, Westchester County, initially granted summary judgment to the defendants, dismissing her claims. On appeal, the Appellate Division, Second Department, affirmed this decision. The appellate court found that the defendants had presented legitimate, nondiscriminatory reasons for their actions, and Ms. Keceli failed to provide sufficient evidence to create a triable issue of fact regarding pretext or a causal link between her protected activity and the adverse employment actions.

employment discriminationsexual orientation discriminationhostile work environmentunlawful retaliationsummary judgmentprima facie caseprotected activityadverse employment actionpretextcausal connection
References
9
Case No. ADJ7719699
Regular
Nov 26, 2012

SUZANNE TRAVER vs. KONOCTI UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration on its own motion to correct factual errors in a prior dismissal order. Specifically, the Board misstated the Administrative Law Judge's findings regarding the applicant's industrial injuries. The corrected decision clarifies that the ALJ found injury to the applicant's nose, hand, knee, lip, and carpal tunnel syndrome in her right upper extremity. Importantly, the ALJ's original findings and award remain in full effect.

Workers' Compensation Appeals BoardKonocti Unified School DistrictKeenan & AssociatesPetition for ReconsiderationPetition to ReopenFindings and AwardIndustrial InjuryRight Upper ExtremityCarpal Tunnel SyndromeOsteonecrosis
References
0
Case No. ADJ4016080 (VNO 0496113)
Regular
Sep 08, 2009

SUZANNE KUYUMDZHYAN vs. JONS MARKETPLACE, ZURICH NORTH AMERICA

The Appeals Board granted reconsideration for both the defendant and lien claimant concerning an Amended Findings and Award. The original decision awarded the lien claimant payment for 18.5 hours of interpreting services, but the defendant argued the lien claimant failed to prove reasonableness and necessity of the services. The Board found the record undeveloped regarding the reasonableness and necessity of Dr. Rahimi's treatment and consequently, the derivative interpreting services. Therefore, the matter is remanded to the trial level for further proceedings to develop the record on these issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardLien claimantInterpreting servicesCertified interpreterReasonable and necessary treatmentMedical-legal reportsCompromise and ReleaseBurden of proof
References
10
Case No. ADJ8025431
Regular
Dec 08, 2015

Martha Brockhoff vs. SUZANNE MCNEELY (SENIOR PLANNING SERVICES), NUFILO OF PITTSBURGH PENNSYLVANIA

The Workers' Compensation Appeals Board dismissed Martha Brockhoff's petition for reconsideration of an approved compromise and release. Brockhoff claimed her former attorney did not fully explain the settlement terms. However, her petition was deemed "skeletal" and unsupported by specific references to the record or legal principles as required by statute and board rules. The Board noted that even if not dismissed for procedural defects, the petition would have been denied on its merits based on the judge's report.

Petition for ReconsiderationOrder Approving Compromise and ReleaseSkeletal PetitionLabor Code section 5902Rule 10846Appeals Board RulesWCJ ReportDismissalInsufficient SpecificityLegal Grounds
References
0
Case No. ADJ258716
Regular
Oct 11, 2010

SUZANNE E. CONNOLLY vs. BURT CENTER, INC., STATE COMPENSATION INSURANCE FUND

In *Connolly v. Burt Center, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a July 20, 2010 decision. This grant is based on the WCAB's initial review and the need for further study of the case's factual and legal issues. The reconsideration is intended to ensure a complete understanding of the record for a just and reasoned decision. All future communications for this case are to be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersDecision After ReconsiderationService by Mail
References
0
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