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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

Ficken v. Vocational Education & Extension Board of Suffolk

The petitioner sought review of her employment termination as a secretary by the Vocational Education and Extension Board of the County of Suffolk (VEEB) and requested reinstatement with back pay. She argued that she was discharged without the procedural protections afforded to civil servants under Civil Service Law § 75. VEEB contended that the petitioner was not covered by these protections. The Supreme Court ruled in favor of the petitioner, directing her reinstatement and back pay. The appellate court affirmed this decision, holding that the petitioner's position, though designated 'unclassified' by Suffolk County, did not fit any category under Civil Service Law § 35, thus classifying it as 'classified' and entitling her to § 75 protections. The court emphasized that the petitioner could not be denied these rights until a proper classification was established.

Civil Service LawEmployment TerminationReinstatementBack PayUnclassified ServiceClassified ServiceCivil Servant RightsDue ProcessArticle 78 ProceedingSuffolk County
References
5
Case No. MISSING
Regular Panel Decision
Feb 07, 2002

Shambo v. Orkin Pest Control

A claimant, who sustained a back injury in 1999, was initially placed in a light-duty clerical position but was laid off in October 2000. Subsequently, she enrolled in a full-time vocational retraining program. In April 2001, her former employer offered a new full-time office position with an inflexible schedule, which the claimant declined, citing its conflict with her ongoing retraining. The employer sought to suspend her workers' compensation benefits, alleging voluntary withdrawal from the labor market. However, both a Worker’s Compensation Law Judge and the Workers’ Compensation Board ruled that her refusal was justified as the job did not accommodate her vocational rehabilitation. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Labor Market WithdrawalVocational RehabilitationLight Duty EmploymentJob Offer RefusalPermanent Partial DisabilityWorkers' Compensation BoardAppellate DivisionRetraining ProgramGood Cause for RefusalSubstantial Evidence
References
12
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
14
Case No. ADJ6675477
Regular
Aug 14, 2015

ULISSES CANALES vs. BERT WILLIAMS \& SONS, INC.; BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied Ulisses Canales' petition for reconsideration. Canales sought to overturn a finding of 54% permanent disability, arguing he was permanently totally disabled based on his vocational expert's report. The Board found the employer's vocational expert more credible, citing Canales' history of successful retraining. Therefore, the original award of 54% permanent disability was upheld.

Petition for ReconsiderationPermanent DisabilityVocational ExpertMalcolm BrodzinksyEmily TincherDiminished Future Earning CapacityOgilvieACME SteelBrodieScheduled Rating
References
6
Case No. ADJ6413644
Regular
Apr 24, 2009

JANICE HOWELL vs. NATIONAL MENTOR HOLDINGS, dba COLE VOCATIONAL SERVICES, administered by ESIS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not taken from a final order determining substantive rights or liabilities. The petition also sought removal, which was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The underlying issues, such as an order compelling medical record production, are interlocutory procedural matters not subject to reconsideration. The Board adopted the WCJ's report and recommendation, denying both reconsideration and removal.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightRemovalWCJ Report and RecommendationStipulationsOrder Compelling Production of RecordsDiscovery ProcessPrivacy
References
11
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
4
Case No. ADJ8210063; ADJ8621818
En Banc
Jun 22, 2023

GRACE NUNES vs. STATE OF CALIFORNIA, DEPT. OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded a 100% disability award because the vocational and medical records were incomplete regarding apportionment. The case was returned to the trial level to properly evaluate whether non-industrial factors contributed to the applicant's inability to be retrained for work.

En BancReconsiderationApportionmentVocational ApportionmentMedical ApportionmentPermanent DisabilityVocational ExpertQualified Medical EvaluatorAMA GuidesLabor Code Section 4663
References
41
Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270
Regular
Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

The Appeals Board granted reconsideration to allow reimbursement for the applicant's vocational expert fees, reversing the WCJ's decision. The Board found it reasonable for the applicant to hire his own vocational expert to rebut the defendant's expert, especially given the passage of time since the original vocational feasibility report. Consequently, the defendant was ordered to reimburse the applicant's attorney for the $1,075.00 vocational expert cost.

Workers' Compensation Appeals BoardReconsiderationExpert Witness FeesVocational ExpertLabor Code Section 5811Qualified Rehabilitation Representative (QRR)LeBoeuf argumentAgreed Medical Examination (AME)Permanent DisabilityIndustrial Injury
References
3
Case No. ADJ7161493
Regular
Jul 20, 2011

MARK BARNES vs. OMERICAN BEST COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained industrial injury to his left index and middle fingers, resulting in 15% permanent disability. The WCAB granted reconsideration to reverse the initial decision regarding the need for future medical treatment and the supplemental job displacement benefit. The Board found the applicant entitled to both, based on a QME physician's opinion and statutory provisions for vocational retraining.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardQualified Medical ExaminationPermanent DisabilityFurther Medical TreatmentSupplemental Job Placement BenefitLabor Code Section 4658.5Industrial InjuryHigh Pressure Paint Gun
References
0
Case No. FRE 0224105
Regular
Jun 04, 2008

LILLIE FAY WILSON vs. CITY OF FRESNO

The Workers' Compensation Appeals Board reversed a judge's decision, holding that the April 1997 disability rating schedule applies to this case. This was based on a February 26, 2004 doctor's report indicating the applicant had a permanent disability and would likely need vocational retraining. The Board found this report substantial evidence of permanent disability prior to January 1, 2005, making the older rating schedule applicable per *Zavala v. Workers' Comp. Appeals Bd.*

Workers' Compensation Appeals Boardpermanent disability rating scheduleVera v. Workers' Comp. Appeals Bd.Zavala v. Workers' Comp. Appeals Bd.Cugini v. Workers' Comp. Appeals Bd.permanent and stationary statuscomprehensive medical-legal reporttreating physician's reportvocational retrainingLabor Code section 4660(d)
References
8
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