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

Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ4642991 (VNO 0556266)
Regular
Sep 09, 2011

## RICHARD ANTONETTE, vs. VOLT INFORMATION SCIENCES; MAJESTIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a proposed $\$4,600$ compromise and release agreement. The agreement attempts to settle applicant Richard Antonette's claim, waiving future medical treatment and noting a substantial temporary disability overpayment, but the WCAB lacks sufficient information for approval. Citing *Tensfeldt v. WCAB*, the WCAB emphasizes that a fraud conviction does not automatically bar all future benefits, requiring an individualized assessment of the facts. Therefore, the case is returned to the trial level to determine the adequacy of the settlement and any necessary further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWorkers' Compensation FraudInsurance Code Section 1871.4(a)(1)Labor Code Section 3207Tensfeldt v. Workers' Comp. Appeals Bd.Case-by-case determinationIndustrial injuryMedical evidence
References
2
Case No. ADJ1725847
Regular
Jan 21, 2009

FLOR FERNANDEZ vs. DISTRIBUTION ALTERNATIVES, INC., UNITED STATES FIRE INSURANCE COMPANY, TEMPORARY SERVICES, INC., UNINSURED EMPLOYERS FUND, VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE COMPANY

The WCJ's determination that Volt was applicant's general employer is affirmed. Finding of fact number 3 is amended to strike the language applying the doctrine of estoppel.

Workers' Compensation Appeals BoardFlor FernandezDistribution AlternativesInc.United States Fire Insurance CompanyTemporary ServicesInc.Uninsured Employers FundVolt Information SciencesAmerican Home Assurance Company
References
0
Case No. MISSING
Regular Panel Decision
Mar 21, 2001

Claim of Walby v. Volt Information Science

Claimant, injured at work in 1996 and undergoing surgery in 1998, returned to full-time work before being laid off in June 1998 due to a plant closure. Despite partial disability from her back injury, the Workers’ Compensation Board denied her claim for reduced earnings, attributing the wage loss solely to economic conditions. The appellate court affirmed this decision, finding no evidence that her physical limitations prevented her full-time return to her previous occupation or contributed to her unsuccessful job search after the layoff.

Workers' CompensationReduced EarningsPartial DisabilityEconomic LayoffCausation of Wage LossJob SearchTreating Physician LimitationsAppellate ReviewBoard Decision AffirmationBack Injury
References
6
Case No. MISSING
Regular Panel Decision

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. SAC 0351452
Regular
Nov 20, 2007

TEJINDER K. BATH vs. VOLT INFORMATION SCIENCES; HARTFOD CASUALTY

The Workers' Compensation Appeals Board denied reconsideration of its award of $1,237.50 in attorney's fees to the applicant. The defendant argued that Labor Code section 5801 does not authorize fees for responding to a Supreme Court petition for review and that the Supreme Court's denial of the defendant's petition precluded the Board from awarding fees. The Board affirmed its decision, finding that services rendered in answering the Supreme Court petition were "in connection with" the initial petition for writ of review, thereby qualifying the applicant's attorney for fees under section 5801.

Workers' Compensation Appeals BoardVoit Information SciencesHartford CasualtyTejinder K. BathOpinion and Order Denying Reconsiderationattorneys feespetition for reviewSupreme Court of CaliforniaLabor Code section 5801jurisdiction
References
0
Case No. ADJ7222908
Regular
Jan 15, 2014

FIDELINO DEL CID vs. VOLT INFORMATION SCIENCES, GALLAGHER BASSETT

Lien claimants sought reconsideration of a WCJ order dismissing their liens for failing to pay the Labor Code section 4903.06 activation fee. A federal court injunction had previously stayed enforcement of this fee provision. Consequently, the Appeals Board granted reconsideration, rescinded the dismissal orders, and returned the case for further proceedings. The lien claimants' liens are reinstated pending further action.

Lien activation feeLabor Code section 4903.06Angelotti Chiropractic v. Bakerpreliminary injunctionWorkers' Compensation Appeals BoardPetition for ReconsiderationWCJrescind orderslien claimantsfederal district court
References
1
Case No. ADJ3494615 (MON 0352506) ADJ2492403 (MON 0352508)
Regular
Dec 28, 2009

MARCELA LIZARDO vs. VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE

The WCJ's Order seeking a supplemental medical report is not a final order subject to reconsideration. The petition for removal is denied due to lack of showing substantial prejudice or irreparable injury.

Lien claimantPetition for ReconsiderationPetition for RemovalOff CalendarSupplemental ReportPanel QMEReasonableness and NecessityFinal OrderSubstantive RightsIrreparable Harm
References
5
Case No. ADJ8822755
Regular
Apr 17, 2018

LAURA TARAZON vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE

This case involves a dispute over a lien claim by Psychological Assessment Services (PAS) for evaluations and reporting related to applicant Laura Tarazon's psyche injury claim. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that Dr. Phillips, an MPN physician, is entitled to payment for treatment. However, the WCAB amended the order to defer the issue of PAS's lien, returning it to the trial level for further proceedings. This is because the WCJ's basis for disallowing the lien, that the services were a medical-legal evaluation, was not properly raised at trial and a PTP can be compensated for such evaluations.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and OrderMedical Provider NetworkMPNPrimary Treating PhysicianNon-MPN PrimaryLien ClaimantMedical-Legal EvaluationLabor Code
References
4
Case No. MISSING
Regular Panel Decision

Benjamin v. Brookhaven Science Associates, LLC

This case involves Patrice Benjamin and Brenda Thomas (Plaintiffs) suing Brookhaven Science Associates, LLC (Defendant) for alleged employment discrimination and retaliation under Title VII, the New York Human Rights Law, the Americans with Disabilities Act, and 42 U.S.C. § 1983. The Defendant filed a motion for partial judgment on the pleadings, while the Plaintiffs cross-moved to amend their complaint. The court dismissed Brenda Thomas's Title VII and NYSHRL claims entirely and limited Patrice Benjamin's Title VII and NYSHRL claims for race discrimination, retaliation, and hostile work environment to actions occurring after December 21, 2002. The court also dismissed the Plaintiffs' Section 1983/Bivens claims but denied the Defendant's motion to dismiss Benjamin's ADA claim. Finally, the Plaintiffs' cross-motion to amend the complaint was granted in part, allowing for the inclusion of a 42 U.S.C. § 1981 cause of action for both plaintiffs, along with specific, limited claims for Benjamin in the amended complaint.

Employment DiscriminationRetaliationHostile Work EnvironmentAmericans with Disabilities ActTitle VIINew York Human Rights Law42 U.S.C. § 198342 U.S.C. § 1981Judgment on the PleadingsAmending Complaint
References
28
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