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

Case No. ADJ7390255
Regular
Jan 03, 2023

DARNELLA SCOTT STREET vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing a lien claim for an H-Wave machine. The applicant found more relief with the H-Wave than a TENS unit. The Agreed Medical Examiner opined that while not convinced the H-Wave was superior to other inferential stimulation units, it was superior to a TENS unit. The WCAB found the lien claimant met its burden of proof regarding the medical necessity of the H-Wave.

Workers' Compensation Appeals BoardSan Francisco Bay Area Rapid Transit DistrictAthens AdministratorsPetition for ReconsiderationWorkers' Compensation Administrative Law Judgesubstantial evidenceElectronic Waveform LabsH-WaveTENS unitinferential stimulation unit
References
5
Case No. MISSING
Regular Panel Decision

Sabatini v. Corning-Painted Post Area School District

The case is a Decision and Order regarding attorney's fees under the Individuals with Disabilities Education Act (IDEA). Plaintiffs, Aaron Sabatini and his mother Sharon Sabatini, successfully sought attorney's fees after securing a preliminary injunction for Aaron's placement at Mitchell College and reaching a settlement with the Corning-Painted Post Area School District. The court, presided over by Chief Judge Larimer in the Western District of New York, addressed disputes over hourly rates, defining the relevant "community," and determining when plaintiffs became "prevailing parties." It found the requested hourly rates reasonable, especially given the specialized nature of special education law and the attorneys' expertise. While applying a 15% reduction for duplicative efforts and vague entries, the court awarded plaintiffs $49,730.65 in attorney's fees and costs.

Individuals with Disabilities Education Act (IDEA)Attorney's FeesPrevailing PartyLodestar MethodReasonable Hourly RatesWestern District of New YorkSpecial Education LawSettlement AgreementImpartial Hearing Officer (IHO)Preliminary Injunction
References
40
Case No. MISSING
Regular Panel Decision

Balsam Lake Anglers Club v. Department of Environmental Conservation

The petitioner, Balsam Lake Anglers Club, initiated a hybrid proceeding challenging a Unit Management Plan (UMP) for the Balsam Lake Mountain Wild Forest area. The challenge focused on alleged violations of Article XIV of the New York State Constitution concerning timber removal, infringement on easements, and non-compliance with the State Environmental Quality Review Act (SEQRA). The court determined that the UMP did not violate the State Constitution or the petitioner's property rights as the timber cutting was deemed insubstantial and consistent with public use. However, the court found that the respondents, particularly the Department of Environmental Conservation, failed to adhere to SEQRA's procedural and substantive requirements by issuing a negative declaration without a comprehensive 'hard look' or a reasoned elaboration of environmental impacts. Consequently, the petition was granted in part regarding the SEQRA violation, and the matter was remitted to the Department of Environmental Conservation for further proceedings consistent with the ruling.

Environmental LawSEQRAUnit Management PlanForest PreserveArticle XIVNew York State ConstitutionTimber CuttingEasementsWild Forest LandsJudicial Review
References
16
Case No. MISSING
Regular Panel Decision

Smith Ex Rel. New York Metro Area Postal Union v. Potter

Plaintiffs, including William M. Smith and the New York Metro Area Postal Union, sued John E. Potter, Post Master General of the United States (USPS), following anthrax contamination at the Morgan Processing and Distribution Center. The plaintiffs alleged violations of the Resource Conservation and Recovery Act (RCRA) and New York State environmental laws due to the USPS's handling of the contamination and sought injunctive relief. The USPS moved to dismiss the complaint, arguing a lack of subject matter jurisdiction, while the plaintiffs moved to compel inspection. The Court had previously denied a preliminary injunction, finding no imminent and substantial risk. In this decision, the Court ruled that the USPS's cleanup efforts constituted a removal action under CERCLA Section 104, and therefore, under CERCLA Section 113(h) and RCRA Section 6972(b)(2)(B)(ii), the federal court lacked jurisdiction to review challenges to ongoing CERCLA removal actions. Consequently, the Court granted the USPS's motion to dismiss the entire complaint and denied the plaintiffs' motion to compel inspection as moot.

Anthrax ContaminationCERCLA Removal ActionRCRA Citizen SuitSubject Matter JurisdictionMotion to DismissEnvironmental LawHazardous WastePreliminary InjunctionPostal FacilityJudicial Review Bar
References
19
Case No. ADJ9770624; ADJ10440533
Regular
Jun 09, 2025

SUMUDU JAYASURIYA vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The applicant, Sumudu Jayasuriya, sought reconsideration of a Findings and Award (F&A) from March 7, 2025, concerning a low back injury sustained in 2014 while employed by San Francisco Bay Area Rapid Transit District. The WCJ had found 16% permanent disability and entitlement to further medical treatment. The applicant contended that Dr. Holmes's medical reporting was not substantial evidence, the WCJ failed to consider his post-trial briefs, and defendant's attorney engaged in misconduct. The Appeals Board denied the petition for reconsideration, upholding the WCJ's reliance on Dr. Holmes's report as substantial medical evidence, affirming the WCJ's decision regarding post-trial briefs, and finding no basis for the alleged attorney misconduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTrain Control Electronic TechnicianLow Back InjuryTemporary Disability IndemnityPermanent Disability IndemnityStipulations with Request for AwardNew and Further DisabilityQualified Medical Examiner
References
10
Case No. 535483
Regular Panel Decision
Oct 12, 2023

In the Matter of the Claim of Jaime Espinoza

Claimant, a safety manager, was injured in a parking area adjacent to his construction site after his shift while pulling a gate, sustaining a bicep and rotator cuff injury. He filed for workers' compensation benefits, which were denied by the Workers' Compensation Law Judge and affirmed by the Workers' Compensation Board, concluding the injury did not arise out of and in the course of employment as the parking area was not part of the job site or controlled by the employer. The Appellate Division reversed the Board's decision, finding that claimant's uncontradicted testimony established he was instructed to park in that area and that construction materials were stored there, creating a sufficient nexus between the construction site and the parking area to extend the employment premises. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationScope of EmploymentParking Area InjuryPremises DoctrineArising Out of EmploymentCourse of EmploymentConstruction SiteEmployer ControlNexusRemittal
References
20
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between American Airlines, Inc. & Local 501, Transport Workers Union of America

Petitioner Noel Vickers moved to vacate an arbitration award, arguing that the Area Board exceeded its jurisdiction by not giving collateral estoppel effect to findings of the Unemployment Insurance Appeal Board and by rendering its award beyond a thirty-day limit. The Area Board had found that American Airlines discharged Vickers for just cause, despite the Unemployment Insurance Appeal Board affirming an Administrative Law Judge's decision that found no misconduct. The court, presided over by Judge Nickerson, found that Area Boards are not bound by collateral estoppel and that the decision to apply it rests with the Area Board. The court also determined that time limits for arbitrators are directory, not mandatory, and the petitioner showed no actual harm from the delay. Therefore, the court granted American Airlines' motion to dismiss the petition, upholding the arbitration award.

Arbitration AwardVacation of Arbitration AwardRailway Labor ActCollateral EstoppelJudicial ReviewUnemployment InsuranceJurisdictionTimeliness of AwardMotion to DismissLabor Dispute
References
5
Case No. MISSING
Regular Panel Decision
Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Petitioner commenced a CPLR article 78 proceeding seeking reinstatement of his employment with the Rochester City School District after his position as a "school instructor/transition counselor" was abolished. He contended he was entitled to seniority rights within the "special subject tenure area" of school social worker under 8 NYCRR 30-1.8 (b) (9) and Education Law § 2585 (3), asserting he was not the least senior person in that tenure area. The Supreme Court denied the petition, and the appellate court affirmed. The collective bargaining agreement between the District and the union specified that layoffs for "school instructors" would occur within distinct categories, not tenure areas, and that school instructors could not displace teachers. By accepting employment as a school instructor and participating in the CBA, the petitioner was deemed to have waived any seniority rights in the school social worker tenure area.

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction
References
11
Case No. 2023 NY Slip Op 05172 [220 AD3d 1033]
Regular Panel Decision
Oct 12, 2023

Matter of Espinoza v. City Safety Compliance Corp.

Jaime Espinoza, a safety manager, sustained injuries while pulling a gate in a parking area adjacent to a construction site after his shift. He filed for workers' compensation, but the Workers' Compensation Board denied the claim, concluding the injury did not arise out of and in the course of employment, as the employer neither controlled the parking area nor was it part of the jobsite. On appeal, the Appellate Division, Third Department, reversed this decision. The Court found a sufficient nexus between the employment and the parking area, noting that Espinoza was instructed to park there and construction materials were stored by the general contractor in the same vicinity, thereby extending the employer's premises. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' Compensation LawScope of EmploymentOff-Premises InjuryParking Area InjuryPremises Extension DoctrineRemittalAppellate Division Third DepartmentConstruction SiteSafety ManagerArising Out of Employment
References
13
Case No. ADJ532181 (SFO 0438716) ADJ250509 (SFO 0242560) ADJ6545137
Regular
Nov 14, 2014

MICHAEL THOMAS, vs. SAFEWAY STORES, INC. Permissibly Self-Insured,

This case involved an applicant seeking treatment from a highly specialized surgeon, Dr. Matsen, located in Seattle, for a complex shoulder revision. The original decision denied authorization for Dr. Matsen, deeming Seattle outside a reasonable geographic area, and excluded a crucial report from the applicant's treating physician, Dr. Osborn. The Appeals Board granted reconsideration, admitting Dr. Osborn's report, which strongly supported Dr. Matsen's expertise and the inadequacy of local Bay Area surgeons for this complex case. Based on the applicant's medical history and the availability of specialized treatment, the Board reversed the original decision, finding Dr. Matsen to be within a reasonable geographic area.

Workers' Compensation Appeals BoardReasonable geographic areaTreating surgeonAdministrative Director Rule 9780Labor Code section 4600Orthopedic surgeonTotal shoulder replacementRevision surgeryMedical historyPhysician competency
References
1
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