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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ1644999 (LAO0880435)
Regular
Dec 11, 2012

, MANUEL FERNIZA, vs. , RENT A CENTER, INC.; FIREMAN'S FUND INSURANCE COMPANY/ASSOCIATED INDEMNITY,

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition. The WCAB determined that the applicant's petition sought reconsideration of an interim procedural order, not a final decision, which is not appealable. Even if the merits were considered, the WCAB would have affirmed the judge's decision, finding the QME report timely and deferring a decision on treatment authorization until a PQME urological report was issued.

Workers' Compensation Appeals BoardReconsiderationFinal OrderInterim OrdersPanel Qualified Medical ExaminerMedical Provider NetworkUrological ConditionIndustrial InjuryAdministrative DirectorWCJ Report
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Friedman

This case examines whether claimants are eligible for unemployment benefits for a week in July during which they received vacation pay from their employer. The court references a previous decision, *Matter of Miranda* (Catherwood), which allowed such benefits under certain conditions. However, the court highlights that subdivision 3 of section 591 of the Labor Law was amended in 1963 specifically to correct inequities and prevent employees from receiving both vacation pay and unemployment benefits for the same period. Despite the board's finding that the union agreement did not designate a vacation period, the court interpreted the agreement's clauses as designating the first week in July for vacation. The court concluded that upholding the board's original decision would undermine the legislative intent of the 1963 amendment. Consequently, the court reversed the board's decision and remitted the matter for further proceedings.

Unemployment Insurance BenefitsVacation PayLabor LawStatutory InterpretationLegislative IntentCollective Bargaining AgreementBoard Decision ReversalRemandWorkers' RightsEmployer Obligations
References
3
Case No. ADJ1525428
Regular
Aug 20, 2013

Raymond Barrios vs. Irwin Industries, Inc., California Insurance Guarantee Association, For California Compensation Insurance Company, In Liquidation, Mobil Corporation, Petroleum Casualty Company

The Workers' Compensation Appeals Board (WCAB) vacated an arbitrator's findings due to an incomplete arbitration file, lacking essential evidence and documentation. The WCAB found the arbitrator failed to comply with regulations requiring minutes of hearing, stipulations, and a summary of evidence. Consequently, the WCAB rescinded the arbitrator's decision and returned the case to the trial level for further proceedings. The prior order compelling arbitration was also vacated, allowing parties to resubmit to arbitration if desired.

WCABCIGAarbitrationreconsiderationarbitration fileminutes of hearingsummary of evidencedocumentary evidencetestimonial evidencestipulated facts
References
1
Case No. MISSING
Regular Panel Decision
Feb 08, 1994

People v. France

This is a combined decision addressing motions to vacate homicide convictions in six separate cases. The defendants argued that the prosecutor failed to disclose dictation audiotapes made by the New York City Medical Examiner, which they claimed constituted 'Rosario' material. The court denied the motions, ruling that the Medical Examiner's Office is an independent agency, and therefore, the audiotapes were not under the control of the District Attorney and not 'Rosario' material. The decision further clarifies that CPL article 240 provides for pretrial discovery of written reports but not dictation tapes, unless they contain exculpatory material. The court emphasized the Medical Examiner's role as an independent expert, distinct from 'event' or law enforcement witnesses, and concluded that their dictation tapes are not 'statements' within the 'Rosario' jurisprudence.

Rosario materialDiscovery rulesCPL 440.10 motionHomicide convictionMedical Examiner audiotapeAutopsy reportProsecutorial dutyDuplicative equivalentIndependent agencyCPL Article 240
References
31
Case No. MISSING
Regular Panel Decision

European American Bank v. Strab Construction Corp.

The plaintiff-appellant filed a motion to resettle a prior decision from April 5, 1993, seeking to substitute Marla Strow for the deceased defendant Jerome Strow and to include prejudgment interest in the judgment. The court denied the substitution motion without prejudice, directing an application to the Surrogate's Court and then a motion in the Supreme Court. However, the branch of the motion concerning prejudgment interest was granted, leading to the recall and vacation of the original April 5, 1993 decision, and the substitution of the present decision and order. In this new decision, the appeal against Jerome Strow was dismissed, and the order pertaining to him was vacated because he died before the summary judgment motion was decided. Conversely, the court reversed the prior order concerning defendants Strab Construction Corp. and Gary Rabinowitz, granting summary judgment to the plaintiff for $1,205,000, and remitting the case for the calculation of prejudgment interest and attorney fees.

Promissory NotesSummary JudgmentPrejudgment InterestSubstitution of PartiesDeceased DefendantStatute of FraudsOral AgreementAppellate ProcedureCivil ProcedureNassau County
References
8
Case No. MISSING
Regular Panel Decision

Hand v. Chairman of the Workers' Compensation Board

The petitioner, a licensed chiropractor, initiated a proceeding to vacate two arbitration awards concerning bills for treating Boris Mustac and Dawn Heffran. The Supreme Court, Kings County, granted the petition to vacate the awards, finding the Chiropractic Practice Committee improperly composed due to a vacancy. However, the Chairman, Workers’ Compensation Board, and State Insurance Fund appealed this decision. The appellate court reversed the Supreme Court's order and judgment, determining that a vacancy on the Committee did not invalidate its decisions and that the Mustac award was properly issued. Consequently, the petition to vacate the arbitration awards was denied, with the award for Boris Mustac being confirmed and the Heffran matter dismissed as withdrawn.

Arbitration AwardChiropractic TreatmentWorkers' Compensation LawAppellate ReviewVacate AwardConfirm AwardCommittee CompositionStatutory InterpretationInsurance CarrierMedical Billing Dispute
References
1
Case No. 95 AD2d 706
Regular Panel Decision

Asaro v. Universal Cargo Carriers, Ltd.

This case concerns a longshoreman who suffered an injury while performing stevedoring work and subsequently received workers' compensation benefits. He initiated a tort action against the vessel owner, which was initially deemed time-barred by the court. However, a subsequent U.S. Supreme Court ruling in Pallas Shipping Agency v Duris clarified that a formal workers’ compensation order is necessary to commence the statute of limitations. As no such formal order was issued in this case, the time limitation was deemed not to have started. Consequently, the court granted the motion to vacate its previous order, reversed the Supreme Court's decision to dismiss the complaint, and denied the defendants' motion for summary judgment.

Longshoreman InjuryWorkers' Compensation BenefitsStatute of LimitationsSummary JudgmentAdmiralty LawVessel Owner LiabilityStevedoring WorkFormal Compensation OrderOrder VacatedAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Oct 07, 2011

In re the Arbitration between Professional, Clerical, Technical, Employees Ass'n

This case involves an appeal from an order and judgment of the Supreme Court, Erie County, which had granted the petitioner's application to vacate an arbitration award. The Appellate Division reversed the Supreme Court's decision, denying the petition to vacate and granting the respondent's cross-petition to confirm the arbitration award. The court determined that the arbitrator's interpretation of a collective bargaining agreement regarding the filling of vacancies was neither irrational nor an overreach of authority. The arbitrator's decision affirmed that supervisors have discretion in judging applicant qualifications, even if it leads to hiring outside the bargaining unit when internal candidates lack necessary skills like Excel proficiency.

ArbitrationCollective Bargaining AgreementJudicial ReviewArbitrator AuthoritySeniority ClauseSupervisor DiscretionVacancy FillingBuffalo City School DistrictCPLR Article 75Contract Interpretation
References
16
Case No. SBR 0338656
Regular
May 27, 2008

BRYAN YOUNG vs. CITY OF BEAUMONT, Permissibly Self-Insured c/o S.C.R.M.A.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration, dismissed the applicant's petition, and granted removal. The Board rescinded the administrative law judge's order requiring the applicant to choose a physician from the employer's network. This decision clarifies that an employee has the right under Labor Code section 4605 to select and pay for their own physician, independent of employer-provided medical care.

Workers' Compensation Appeals BoardBryan YoungCity of BeaumontPetition for ReconsiderationPetition for RemovalLabor Code Section 5902Labor Code Section 4605Medical Provider NetworkPrimary Treating PhysicianConsulting Physician
References
4
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