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

Case No. 533107
Regular Panel Decision
Apr 14, 2022

In the Matter of the Claim of Veronica Garland

Claimant Veronica Garland, a correction officer, appealed a Workers' Compensation Board decision from November 2, 2020, which denied her a schedule loss of use (SLU) award. Garland had established claims for work-related back, shoulder, elbow, wrist, knee, and foot injuries from incidents in 2011 and 2009. The 2011 claim involved protracted litigation regarding permanency and loss of wage-earning capacity. Following the Matter of Arias v City of New York decision, a WCLJ recognized Garland's potential entitlement to an SLU award. The WCLJ credited the employer's medical examiner, Thomas Patrick Nipper, who found no increase in right arm SLU beyond a previous 22.5% finding and no permanency for other injuries. The Board affirmed this, leading to Garland's appeal. The Appellate Division affirmed the Board's decision, stating that the Board has discretion to resolve conflicting medical opinions and is not bound by prior WCLJ credibility determinations on different issues.

Schedule Loss of UsePermanent Partial DisabilityMedical Opinion CredibilityLoss of Wage-Earning CapacityAdministrative AppealsAppellate ReviewMedical Examiner ReportConflict of Medical OpinionsPrior DeterminationCorrection Officer Injury
References
6
Case No. ADJ16131890
Regular
Oct 13, 2025

VERONICA JIMENEZ vs. ABM INDUSTRIES, ESIS CHATSWORTH

The applicant, Veronica Jimenez, sought reconsideration of a June 20, 2025 Findings of Fact and Award which found injuries to several body parts but not to the psyche or insomnia. Applicant contended that the QME report was not substantial medical evidence, proposed exhibits were excluded, and a sub rosa video should be stricken. The Appeals Board granted the petition for reconsideration and issued a Notice of Intention to rescind the arbitrator's decision, citing issues with the completeness of the arbitration record and due process concerns.

Carve-out casesPetition for reconsiderationSubstantial medical evidenceSub rosa videoAuthenticationReport on reconsiderationElectronic Adjudication Management SystemLabor Code section 5909TimelinessNotice of transmission
References
9
Case No. ADJ16697404, ADJ16698657, ADJ16698658, ADJ18451293
Regular
Nov 06, 2025

VERONICA EMMERICHS vs. RALEYS FAMILY OF FINE FOODS, CORVEL

Applicant Veronica Emmerichs filed a Petition for Disqualification against a workers' compensation administrative law judge (WCJ), alleging bias and impropriety, including dismissing her case without notice. The WCJ recommended denying the petition. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and, finding it lacked sufficient factual declarations and was untimely, denied the Petition for Disqualification. This followed a previous decision by the WCAB on May 9, 2025, which granted Emmerichs' Petition for Reconsideration and rescinded an earlier dismissal order due to inadequate service of hearing notices.

WCABPetition for DisqualificationWCJpro percumulative injuryspecific injuryNotice of Intention to DismissPetition for ReconsiderationOpinion and OrderLabor Code Section 5311
References
8
Case No. ADJ8185605
Regular
Oct 28, 2013

VERONICA RENDON vs. FULTON HOLDING CORP., SENTRY INSURANCE CO.

The Workers' Compensation Appeals Board denied Veronica Rendon's petition for reconsideration. The Board adopted and incorporated the administrative law judge's report, which found Rendon not to be a credible witness. This finding was based on numerous inconsistencies in her testimony regarding the alleged work injury and its reporting. Consequently, the Board upheld the judge's decision that Rendon failed to prove her injury arose out of and occurred in the course of employment.

AOE/COEPetition for ReconsiderationCredibilityInconsistenciesMedical HistoryWork InjuryEmployerWitness TestimonyCausationBurden of Proof
References
1
Case No. ADJ9185550
Regular
Jul 01, 2018

VERONICA WADE vs. ORANGE COUNTY SHERIFF'S DEPARTMENT, YORK INSURANCE

This case involves a Petition for Reconsideration filed by Veronica Wade that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition's lack of verification, a mandatory requirement under Labor Code section 5902. Despite having notice of this defect and ample time to cure it, the petitioner failed to file a verification or provide a compelling explanation. The Board noted that even if the petition had been properly verified, it would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyDismissal OrderWCJ ReportStipulated AwardGood CauseVerification Defect
References
1
Case No. ADJ11612609, ADJ12184014, ADJ10616694
Regular
Sep 26, 2025

VERONICA RINCON vs. THE PERMANENTE MEDICAL GROUP, INC.; ATHENS ADMINISTRATORS

Applicant Veronica Rincon filed a Petition for Reconsideration challenging an Order approving a Stipulation between The Permanente Medical Group, Inc. and the Employment Development Department (EDD) to settle EDD's lien interests for temporary disability benefits. The Workers' Compensation Appeals Board determined that the applicant was not a party to the Stipulation and therefore not directly aggrieved by it. The Board noted that the stipulation between defendant and EDD was proper for reimbursement purposes, ensuring the applicant does not receive double payments. The Petition for Reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationEmployment Development DepartmentTemporary DisabilityEDD LienLabor Code Section 5909Electronic Adjudication Management SystemWCJFindings and Award
References
2
Case No. ADJ240116 (OXN 0145413)
Regular
May 03, 2010

Veronica L. Olejniczak vs. Airport Chevron, State Compensation Insurance Fund

This case concerns applicant Veronica Olejniczak's petition for reconsideration of a workers' compensation award for a 1997 injury. The applicant argued for permanent total disability based on chronic pain and inability to compete in the labor market, citing medical opinions. The Board affirmed the original award, finding the WCJ correctly applied the 2005 Permanent Disability Rating Schedule, which mandates the use of the AMA Guides for impairment ratings. The Board clarified that diminished ability to compete in the open labor market is no longer a factor under current law, with earning capacity now being assessed via a statutory formula.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationFindings and AwardLumbar SpineCervical SpineBilateral KneesChronic PainPsychiatric DisabilityApportionment
References
1
Case No. 533107
Regular Panel Decision
Apr 14, 2022

Matter of Garland v. New York City Dept. of Corr.

Claimant, Veronica Garland, a correction officer, appealed a Workers' Compensation Board decision denying her a schedule loss of use (SLU) award for work-related injuries sustained in 2011. She had previously established claims for injuries from 2009 and had been found to have a permanent partial disability with a 60% loss of wage-earning capacity for the 2011 claim. Following the Matter of Arias decision, which clarified eligibility for SLU awards, a Workers' Compensation Law Judge (WCLJ) considered a report from the employer's medical examiner, Thomas Patrick Nipper, who found no increase in SLU beyond a prior finding for her 2009 claim. The claimant argued the WCLJ and Board were precluded from crediting Nipper's opinion based on a previous WCLJ decision. The Appellate Division affirmed the Board's decision, stating that the Board has the discretion to resolve conflicting medical opinions and is not bound by prior credibility determinations when addressing new issues like SLU.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityLoss of Wage-Earning CapacityMedical Opinion CredibilityAppellate ReviewCorrection OfficerBack InjuryShoulder InjuryElbow Injury
References
8
Case No. 2017 NY Slip Op 02014 [148 AD3d 978]
Regular Panel Decision
Mar 22, 2017

Castro-Quesada v. Tuapanta

Veronica Castro-Quesada sued Isabel Tuapanta, Faisal Hanif, and Church Ave. Car Service, Inc. for personal injuries sustained as a passenger in a for-hire vehicle. Church Ave. moved for summary judgment, arguing they were not vicariously liable because Tuapanta and Hanif were independent contractors. The Supreme Court denied this motion. The Appellate Division, Second Department, reversed the Supreme Court's order, granting summary judgment to Church Ave. The court found that Church Ave. established, prima facie, that it did not exercise sufficient control over its affiliated drivers to establish an employer-employee relationship, as drivers controlled their schedules, accepted dispatches, were free to work for other services, retained all fares, and were responsible for their own expenses and insurance. The plaintiff failed to raise a triable issue of fact in opposition.

Personal InjuryVicarious LiabilityIndependent ContractorRespondeat SuperiorSummary JudgmentAppellate ReviewCar ServiceFor-hire VehicleEmployment RelationshipDegree of Control
References
5
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
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