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

Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Dugandzic v. New York City School Construction Authority

Mirolsav Dugandzic, a painter, sued multiple defendants, including the NYCSCA, Trataros Construction, and Crowe Construction, after slipping on paint remover at Fort Hamilton High School in 1992. He alleged negligence and violations of Labor Law sections 200 and 241(6), and Industrial Code section 23-1.7(d). The defendants moved for summary judgment, arguing the accident was due to his work, they lacked notice of a dangerous condition, and no Labor Law violation. The court found the motions timely and dismissed the Labor Law section 241(6) claim, as the Industrial Code section 23-1.7(d) was deemed inapplicable to the plaintiff's self-created slippery condition. However, the court denied the dismissal of the Labor Law section 200 claim against some defendants, citing a factual dispute over supervisory control. The City's cross-motion for summary judgment was granted, dismissing all claims against it due to a lack of evidence of its supervision or control.

Labor LawIndustrial CodeWorkplace SafetySummary Judgment MotionNegligence ClaimConstruction Site AccidentSlippery FloorEmployer LiabilitySupervisory ControlHazardous Materials
References
11
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. GOL 0093796
Regular
Apr 19, 2007

John Andersen vs. CITY OF SANTA BARBARA, JT2 INTEGRATED RESOURCES

The Court of Appeal held that the City of Santa Barbara violated Labor Code section 132a by requiring an employee injured on the job to use vacation time for medical appointments while allowing others to use sick leave. While upholding the Board's decisions on permanent disability and apportionment, the Court remanded the case for further proceedings to determine penalties and costs for the section 132a violation. The Appeals Board has now amended its prior decision to formally find a violation of Labor Code section 132a and returned the matter to the trial level for the determination of awards, fines, and costs.

Labor Code section 132aRemittiturPermanent disabilityApportionmentDiscriminationVacation timeSick leaveIndustrial injuryCourt of AppealWorkers' Compensation Appeals Board
References
2
Case No. ADJ8975085; ADJ8975086
Regular
May 12, 2017

AURELIO PEREZ vs. DEL RIO GOLF & COUNTRY CLUB, CARE WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that sanctioned applicant's attorney $350.00 for violating Labor Code section 5813 and WCAB Rule 10561. The Board vacated the decision because the order did not specifically identify the sanctioned attorney, violating due process rights to notice and a fair hearing. The matter was returned to the trial level for further proceedings and a new decision. The Board also noted the WCJ did not address the defendant's contention regarding a violation of Labor Code section 4062.3.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5813WCAB Rule 10561SanctionsDue ProcessNoticeOpportunity to be HeardFindings and OrderPetition for Removal
References
4
Case No. ADJ3435344 (OAK 0335356), ADJ6942722
Regular
Dec 27, 2011

CHARLES KESECKER vs. MARIN COMMUNITY COLLEGE DISTRICT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding Labor Code section 4850 benefits but granted the defendant's petition regarding the Labor Code section 132a discrimination claim. The Board affirmed the administrative law judge's decision to set aside the Compromise and Release agreement. However, it reversed the finding of a Labor Code section 132a violation, holding the employer's mandatory psychological fitness exam was a lawful requirement for peace officers, not discriminatory based on the industrial nature of the injury. Consequently, the $10,000 award for discrimination and associated attorney's fees were vacated.

Workers' Compensation Appeals BoardLabor Code Section 132aPetition for ReconsiderationFindings and AwardCompromise and ReleaseTemporary Disability BenefitsLabor Code Section 4850Industrial InjuryPsycheHypertension
References
5
Case No. ADJ10038732
Regular
Dec 02, 2016

Deborah Matthews vs. California Department of Corrections and Rehabilitation, State Compensation Insurance Fund

This case involves a defendant's petition for removal after an administrative law judge (WCJ) ordered a new Qualified Medical Examiner (QME) panel. The WCJ found the defendant violated Labor Code section 4062.3 by engaging in ex parte communication with the prior QME. The defendant admitted a violation of Labor Code section 4062.3 but argued a new panel was unwarranted due to applicant forfeiture or the communication's insignificance. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding no waiver by the applicant and that the communication was not insignificant. The WCAB emphasized that prejudice is not required to obtain a new panel for such violations.

Labor Code 4062.3Ex parte communicationPQME panelPetition for RemovalAggrieved partyWaiverDoctor shoppingFindings of Fact and OpinionWCJAppeals Board
References
6
Case No. ADJ5825581, ADJ9590533
Regular
Apr 13, 2015

ALBERT WAN vs. COMMUNITY HEALTH NETWORK (SAN FRANCISCO GENERAL HOSPITAL), CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions, affirming the trial judge's order. The Board found the defendant violated Labor Code Section 4062.3 by failing to serve sub rosa surveillance video on the applicant 20 days before providing it to the QME, resulting in the testimony and video being stricken. While the applicant sought attorney's fees for this violation, the Board found the conduct was a failure to serve information, not a prohibited "communication" under the statute, thus precluding mandatory attorney's fees under that section. However, the Board admonished defendant's counsel for discovery abuses and allowed the possibility of sanctions under Labor Code Section 5813 if bad faith is found.

Sub rosa videoLabor Code section 4062.3Qualified Medical Evaluator (QME)depositiondiscovery violationpetition for removalpetition for reconsiderationattorney's feessanctionsDWC Rule 35
References
3
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
0
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