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

Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. ADJ7192006
Regular
Apr 01, 2014

GENE GOODREAU vs. LAW OFFICES OF MARC ELLIOTT GROSSMAN, THE HARTFORD

This case concerns a Petition for Reconsideration filed by the defendant, Law Offices of Marc Elliott Grossman and The Hartford, regarding a prior Findings and Award. The Workers' Compensation Appeals Board (WCAB) granted the petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a comprehensive understanding of the record and facilitate a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office in San Francisco, not with any district office or via e-filing.

Petition for ReconsiderationFindings and AwardStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemWCABLos Angeles District Office
References
0
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. ADJ1414313 (LAO 0781721)
Regular
Jul 21, 2010

Robert Lesh vs. Drake Office Overload, CIGA for RELIANCE, USF DISTRIBUTION, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded the original award and returned the case to the trial level for further proceedings due to insufficient evidence. Specifically, the WCAB found a lack of conclusive evidence supporting the general/special employment relationship between Drake Office Overload and USF Distribution. Additionally, the WCAB determined that the awarded reimbursement amount to CIGA from Pennsylvania was based on unreliable evidence and required further proceedings to ensure accuracy. The WCAB also noted that Pennsylvania's petition improperly relied on evidence not in the record.

Workers' Compensation Appeals BoardGeneral-Special EmploymentInsurance Code Section 1063.1Insurance Code Section 11663California Insurance Guarantee Association (CIGA)Reliance National Insurance CompanyInsurance Company of the State of PennsylvaniaOther InsuranceJoint and Several LiabilityIndustrial Injury
References
1
Case No. ADJ9316587
Regular
May 13, 2014

TORI BLEVINS vs. ELIZABETH J. TILLEY, STATE FARM INSURANCE COMPANY

This case concerns applicant Tori Blevins' petition to change venue from the San Luis Obispo District Office to the Santa Barbara satellite office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's decision. The WCAB concluded that only "district offices," not "satellite offices," are considered for venue determination under Labor Code section 5501.5. This distinction is based on the full staffing, extensive facilities, and daily operations of district offices, contrasting with the limited resources of satellite offices. The WCAB found no basis to overturn the administrative construction that Santa Barbara's office is a satellite, not a district, office.

Petition for RemovalVenueDistrict OfficeSatellite OfficeWorkers' Compensation Appeals BoardLabor Code Section 5501.5Department of Workers' CompensationAdministrative ConstructionContemporaneous Administrative ConstructionDWC Newsline
References
4
Case No. MISSING
Regular Panel Decision

McLaurin v. New Rochelle Police Officers

Plaintiff Charles B. MeLaurin filed a pro se action under 42 U.S.C. § 1983 against numerous New Rochelle police officers and city officials, including Peter Kornas, Louis Falcone, Brian Fagan, David Lornegan, Edward Martinez, Dominic Procopio, Mayor Timothy Idoni, and the City of New Rochelle. MeLaurin alleged constitutional rights violations stemming from two arrests: one for assault on August 6, 2001, and another for criminal contempt on September 28, 2002. Defendants moved for judgment on the pleadings, asserting qualified immunity and failure to state a claim. The court granted dismissal with prejudice for most defendants, finding their actions objectively reasonable or lacking personal involvement, or due to plaintiff's failure to state a claim or comply with state law. Claims against Officers Lynch, Lore, Conca, Al-Fattaah, Kamau, and Navarette were dismissed without prejudice for lack of personal involvement. Officer Dina Lynn Moretti's motion was converted to one for summary judgment, giving the plaintiff 45 days to provide evidence regarding probable cause for the second arrest. State law claims were also dismissed due to non-compliance with New York General Municipal Law notice-of-claim requirements.

Excessive ForceFalse ArrestMalicious ProsecutionQualified ImmunityPro Se LitigationMunicipal LiabilityMonell ClaimFederal Rules of Civil Procedure 12(c)Federal Rules of Civil Procedure 56Civil Rights Violation
References
59
Case No. ADJ9316586
Regular
Apr 25, 2014

JANET BLACKBURN, JANET LEE BLACKBURN vs. FRENCH HOSPITAL, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied removal in *Blackburn v. French Hospital*, upholding the Administrative Law Judge's (ALJ) decision to deny a change of venue. The WCAB deferred to the Division of Workers' Compensation's (DWC) distinction between "district offices" and "satellite offices" for venue purposes. This distinction is based on the operational capacity and staffing of these offices, with only district offices being considered for venue under Labor Code section 5501.5. The WCAB found the Santa Barbara office to be a satellite facility, not a district office, and therefore not a basis for changing venue.

Petition for RemovalVenueDistrict OfficeSatellite OfficeLabor Code Section 5501.5Administrative ConstructionContemporaneous ConstructionDeferenceStatutory InterpretationWorkers' Compensation Appeals Board
References
8
Case No. MISSING
Regular Panel Decision

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
Case No. ADJ10073542, ADJ10073543
Regular
Oct 23, 2015

Mike L. Luallen vs. SYSCO VENTURA, INC., GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning a prior order that denied a change of venue. The applicant, residing and injured in Santa Barbara County, sought to transfer his cases from the San Luis Obispo office to Santa Barbara, arguing substantial prejudice due to geographical inconvenience. The WCAB found that Santa Barbara office functions as a regular district office despite its "satellite" designation, making venue proper there per Labor Code § 5501.5(a). Consequently, the WCAB ordered venue transferred to the Santa Barbara office for both cases.

Petition for RemovalJoint Order Denying Change of VenueWCJApplicant's ResidenceEmployer's WorkplaceInjury LocationAttorney's Principal Place of BusinessLabor Code Section 5501.5VenueAppeals Board
References
3
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
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