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

Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
29
Case No. MISSING
Regular Panel Decision

Cartelli v. Egyptian Navigation Co.

This case concerns a plaintiff's injury sustained while working as a longshoreman off-loading drums of tallow from a ship. The jury initially found both plaintiff and defendant negligent, awarding the plaintiff $16,000. The defendant subsequently moved for judgment n.o.v., arguing that the evidence did not support a verdict against them. The District Court reviewed the standards for granting judgment n.o.v. and analyzed the shipowner's liability under the Longshoremen’s and Harbor Workers’ Compensation Act. The court concluded that while tallow spills were an obvious danger, the shipowner could reasonably expect the stevedore to clean them up and did not have a duty to supervise the stevedore's operations. Therefore, the court granted the defendant's motion for judgment n.o.v., finding no basis to hold the shipowner liable.

NegligenceLongshoremen's and Harbor Workers' Compensation ActShipowner LiabilityJudgment N.O.V.Maritime LawStevedore ResponsibilityObvious DangerProximate CauseJury VerdictPersonal Injury
References
14
Case No. ADJ6801375
Regular
Jul 13, 2010

MICHAEL DAVID HERNANDEZ vs. VINCE'S ITALIAN TO GO, PREFERRED EMPLOYERS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award. The WCAB found that the applicant was not entitled to medical treatment outside the employer's Medical Provider Network (MPN) for a meniscus transplant or graft. The applicant failed to follow the required procedures for obtaining a second and third opinion within the MPN before seeking treatment from an out-of-network physician. Therefore, the WCAB concluded there was no showing that treatment outside the MPN was justified under the relevant rules.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNFurther Medical TreatmentSports Medicine DoctorMedical Meniscus TransplantGraft ProcedureDr. Patrick O'MearaDr. John DeSantisSubspecialist
References
2
Case No. ADJ17092437
Regular
Jul 01, 2025

Vince Miller vs. Automobile Club of Southern California, Old Republic Insurance

Defendant sought reconsideration of an Amended Findings of Fact and Order (F&O) that found the applicant had not reached maximum medical improvement (MMI) and was entitled to retroactive temporary disability benefits. The defendant contended a lack of substantial medical evidence for the MMI status and temporary disability, arguing for reliance on the qualified medical evaluator's (QME) report. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. The Board ultimately granted the Petition for Reconsideration, rescinded the F&O, and returned the matter to the WCJ for further proceedings to determine if disputed body parts were due to industrial injury before reassessing MMI or temporary disability.

Workers' Compensation Appeals BoardMaximum Medical ImprovementTemporary Total DisabilityPetition for ReconsiderationQualified Medical EvaluatorSubstantial Medical EvidenceFindings of Fact and OrderRescindedReturned to Trial LevelLabor Code Section 5909
References
5
Case No. ADJ9000343
Regular
Nov 22, 2013

VINCE SNELLING vs. SYAR INDUSTRIES, NATIONAL UNION FIRE INSURANCE COMPANY

Both Syar Industries and National Union Fire Insurance Company withdrew their Petitions for Reconsideration of the November 22, 2013, decision. Consequently, the Workers' Compensation Appeals Board has dismissed these petitions. This dismissal means the original decision remains in effect as no further appeals were pursued. The case is now closed on this reconsideration matter.

Petitions for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsSyar IndustriesNational Union Fire Insurance CompanyADJ9000343Santa Rosa District Office
References
0
Case No. MISSING
Regular Panel Decision

McLeod v. Verizon New York, Inc.

The petitioner, Vince McLeod, initially filed a petition in New York State Supreme Court against Verizon New York, Inc., alleging wrongful termination and that his union, Communications Workers of America (CWA), breached its duty of fair representation. The case was subsequently removed to federal court. Verizon moved to dismiss the action under Fed. R. Civ. P. 12(b)(6), arguing that McLeod's claims were preempted by LMRA § 301 and were time-barred, and that his constitutional claims lacked merit. The Court granted Verizon's motion, dismissing the case in its entirety, finding the hybrid LMRA § 301 claim to be time-barred and the constitutional claims abandoned or without merit. The Court, however, denied Verizon's request for Rule 11 sanctions due to procedural non-compliance.

Wrongful TerminationDuty of Fair RepresentationHybrid Section 301 ClaimLabor Management Relations ActMotion to DismissStatute of LimitationsFederal PreemptionCollective Bargaining AgreementDue ProcessRule 11 Sanctions
References
35
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