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

Case No. ADJ6853853
Regular
Oct 05, 2012

KYB FUGFUGOSH vs. SAN QUENTIN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.

Workers' Compensation Appeals BoardSan Quentin State PrisonState Compensation Insurance Fundserious and willful misconductadmitted injurykitchen workerarthroscopic acromioplastyrotator cuff tearsfailure to reportinmate request for interview
References
1
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. ADJ13254756
Regular
Aug 05, 2025

MARK EVANS vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE EMPLOYEES

Applicant Mark Evans sustained injuries during employment at Corcoran State Prison, leading to a WCJ order for medical treatment. Defendant petitioned for reconsideration, arguing the Utilization Review (UR) decision denying the treatment was timely and challenging the WCAB's jurisdiction over the medical necessity dispute. The Workers' Compensation Appeals Board granted the petition for reconsideration, classifying the WCJ's order as a final threshold order. The Board deferred a final decision, ordering further review of the merits and the entire record.

WCABPetition for ReconsiderationUtilization ReviewTimelinessRequest for AuthorizationDubon IIFinal OrderThreshold IssueLabor Code Section 4610Medical Treatment
References
14
Case No. BAK 0142744
Regular
Apr 01, 2008

DARIN SLOAN vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether the old or new permanent disability rating schedule applies. The Board affirmed the WCJ's decision to use the old schedule, finding that medical reports in 2004 indicated permanent disability, even if not explicitly stating the condition was permanent and stationary. This ruling aligns with the more recent *Zavala* precedent, superseding the stricter interpretation in *Vera*.

Workers' Compensation Appeals BoardDarin SloanWasco State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationWCJindustrial injurypermanent disabilityapportionment1997 Schedule for Rating Permanent Disabilities
References
8
Case No. MISSING
Regular Panel Decision

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Petitioners, identified as the owners and operators of Indian Point Energy Center, appealed a judgment that dismissed their challenge to a modification by respondents, the Secretary of State, Department of Environmental Conservation, and Department of State. The modification extended a statutorily protected environmental habitat in the Hudson River, now called 'Hudson Highlands,' impacting the area near Indian Point. Petitioners argued that the modification lacked a rational scientific basis, constituted formal rulemaking without proper procedure, and that the denial of their discovery requests was an abuse of discretion. The Appellate Division affirmed the Supreme Court's judgment, deferring to the agencies' interpretation of their regulations and finding the modification rational, not formal rulemaking, and the discovery denial justified.

Environmental ProtectionHabitat ModificationAgency DeferenceCPLR Article 78Declaratory JudgmentRegulatory InterpretationScientific EvidenceFormal RulemakingAdministrative ProcedureDiscovery Denial
References
24
Case No. ADJ11500341
Regular
May 06, 2025

David Evans vs. Chuckawalla Valley State Prison, State Compensation Insurance Fund

Applicant David Evans sustained an industrial injury to his circulatory system while employed at Chuckawalla Valley State Prison. The case in chief was resolved by a Stipulated Award. Lien claimant California Correctional Peace Officers Association (CCPOA) Benefit Trust Fund sought reconsideration of a Findings and Order (F&O) that disallowed its lien for living expenses due to time limitations. The Workers' Compensation Appeals Board granted the petition for reconsideration but ultimately found that CCPOA failed to properly notify the defendant of its lien before benefits were paid, thus the defendant is not liable, and CCPOA takes nothing on its lien.

California Workers' CompensationLabor Code section 4903.5Labor Code section 4903.1(a)(3)(A)Lien ClaimantPetition for ReconsiderationStipulated AwardTemporary DisabilityIndustrial InjuryCirculatory SystemCorrectional Officer
References
0
Case No. ADJ7130626 ADJ7130710
Regular
Mar 07, 2013

MARK CABRERA vs. CALIFORNIA STATE PRISON KINGS COUNTY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by Mark Cabrera against the California State Prison Kings County. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the WCJ's decision. The WCAB adopted and incorporated the WCJ's report, giving great weight to the judge's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardCalifornia State Prison Kings CountyState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportGarza v. Workers' Comp. Appeals Bd.Credibility FindingDenied Reconsideration
References
0
Case No. 121778, 121782
Regular Panel Decision
Feb 09, 2018

Jimerson v. State of New York

Claimants, Joshua A. Jimerson (as Administrator of Patricia A. John's Estate) and Kenneth Vanaernam, sought damages for wrongful death and injuries after falling through a hole on the Red House Bridge (RHB). The bridge, built by the State of New York in 1930, is located within the sovereign land of the Seneca Nation of Indians. Despite a history of confusion regarding maintenance responsibility, a 1976 Memorandum of Understanding and a 2007 Project Specific Agreement had indicated the State's involvement. The Court of Claims initially denied the claimants' motion for partial summary judgment on the State's duty to maintain the bridge. The Appellate Division, Fourth Department, reversed this decision, ruling that Highway Law § 53 unambiguously obligates the State to maintain highways and bridges it constructed on Indian reservation land, thereby establishing the State's statutory duty.

Wrongful DeathPersonal InjuryHighway MaintenanceBridge CollapseState ResponsibilityStatutory DutySummary JudgmentIndian ReservationNew York State Department of TransportationSeneca Nation of Indians
References
0
Case No. 98-CV-1117 (LEK/RWS)
Regular Panel Decision
Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action
References
27
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