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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. MISSING
Regular Panel Decision

Santos v. American Museum of Natural History

Guaquin Garcia died after a scaffold fall during renovations at a building leased by the American Museum of Natural History. His estate sued the Museum and the general contractor for wrongful death. The Museum moved for summary judgment, arguing it lacked Labor Law liability as it didn't own, contract for, or supervise the work. The Supreme Court denied this motion, but on appeal, the order was reversed. The appellate court found the Museum, as a lessee, was not liable under Labor Law § 240, having neither contracted for nor supervised the renovation work, and thus lacked authority over safety measures.

Wrongful DeathScaffold AccidentLabor Law Section 240Summary Judgment AppealPremises LiabilityLessee LiabilityRenovation ProjectWorksite SafetyAppellate CourtBuilding Owner Responsibility
References
2
Case No. 99-CV-1607
Regular Panel Decision
May 25, 2000

Gardner v. Honest Weight Food Cooperative, Inc.

Plaintiff Leslie Gardner sued Honest Weight Food Cooperative, Inc., William Zeitlow, Maryanne Winslow, and Michael Toye for employment discrimination based on Jewish ethnicity, religion, and gender under Title VII and 42 U.S.C. § 1981, as well as state law claims under N.Y.Exec.Law § 296 and defamation. Defendants moved to dismiss the federal claims due to the untimely filing of the Title VII complaint and argued that at-will employment could not form a contractual basis for the § 1981 claim. Defendants also sought to dismiss state law claims, including defamation. The court denied all motions to dismiss, finding a genuine issue of material fact regarding the timely receipt of the Right-To-Sue letter for the Title VII claims and deferring the § 1981 at-will employment issue pending a Second Circuit decision. The court also found the state law defamation claim sufficiently pleaded.

Employment DiscriminationTitle VIICivil Rights Act of 1964Section 1981N.Y. Executive Law § 296DefamationSummary JudgmentMotion to DismissTimelinessRight-To-Sue Letter
References
51
Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code § 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
1
Case No. ADJ9165986
Regular
Mar 04, 2016

SANTIAGO ZEPEDA vs. C.R. LAURENCE INTERNATIONAL, INC.; CHUBB GROUP OF INSURANCE COMPANIES, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Santiago Zepeda's Petition for Reconsideration. The Board affirmed the finding that Zepeda did not sustain an industrial injury, giving great weight to the WCJ's credibility determination. Zepeda's inconsistent testimony regarding past injuries and the WCJ's finding of his lack of credibility undermined his claim. Furthermore, the primary treating physician's reports were deemed not substantial evidence due to inadequate medical histories.

Workers' Compensation Appeals BoardIndustrial InjuryPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeCredibility DeterminationSubstantial EvidencePrimary Treating PhysicianMedical HistoryAdmissible Evidence
References
8
Case No. ADJ1012594
Regular
May 21, 2013

ALFREDO AGUERO vs. BERGELECTRIC CORP., ARGONAUT INSURANCE COMPANY, CHARTIS INSURANCE

This case involves an applicant claiming multiple cumulative injuries, but the Workers' Compensation Appeals Board denied his petitions for reconsideration. The Board adopted the Judge's report, which found the applicant's testimony lacked credibility due to inconsistencies with prior claims, settlements, and medical histories. Consequently, the applicant's claims for injuries beyond a left shoulder injury were not substantiated. The Board gave significant weight to the Judge's credibility findings in reaching its decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJAgreed Medical ExaminerCumulative TraumaCredibilityPermanent Partial DisabilityTemporary Total DisabilityJourneyman ElectricianConsequential Injuries
References
1
Case No. ADJ2335231 (VEN 0122014)
Regular
Mar 01, 2012

ROSEMARIE RIVERA vs. COUNTY OF VENTURA, CHARTIS CLAIMS, INC.

This case concerns a worker's compensation claim by Rosemarie Rivera against the County of Ventura. The applicant filed a Petition for Reconsideration after a favorable award, contending she was unprepared for trial. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the applicant's testimony not credible and gave no weight to it. The WCJ awarded a nominal permanent disability based on a stipulation of injury, noting the applicant's history of pre-existing conditions and mental illness.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportGarza v. Workmen's Comp. Appeals Bd.serious and willful misconductLabor Code section 132(a)agreed medical examinersQME reportMark Mandel M.D.stipulation of injury
References
1
Case No. ADJ8534803 (MF) ADJ8535153
Regular
Nov 01, 2013

Randy Graves vs. Roy's Concrete & Masonry, Inc., Farmers Insurance

The Workers' Compensation Appeals Board affirmed a judge's finding that the applicant was not an employee of Roy's Concrete & Masonry, Inc. This decision was based on the judge's determination of the applicant's lack of credibility, citing inconsistencies in his testimony regarding pay and treatment history. The Board found that the judge's credibility assessment was entitled to great weight and that a formal Borello analysis was not required due to the absence of credible evidence of an employment relationship. Consequently, the applicant's claim for workers' compensation benefits was denied.

WCABReconsiderationEmployment relationshipCredibilitySubstantial evidenceBorello analysisTractor operatorRoy's Concrete & MasonryFarmers InsuranceWCJ
References
3
Case No. ADJ10233768
Regular
Oct 25, 2016

HUMBERTO CERVANTES vs. VF CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the Administrative Law Judge (ALJ) erred by relying on a medical report that omitted a prior injury history. The Board gave great weight to the ALJ's credibility determination and found no substantial evidence to reject it. The ALJ's reasoning, adopted by the Board, concluded the omission of a 16-year-old, settled injury did not render the medical opinion on cumulative trauma non-substantial for the current claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility DeterminationGarza v. Workmen's Compensation Appeals BoardInjury AOE/COECumulative TraumaPost-Termination ClaimGallagher Bassett ServicesBryan Aun D.C.
References
5
Case No. ADJ6778019
Regular
Sep 10, 2013

ZEBBIE ATKINSON III vs. VANGUARD CAR RENTAL, FIDELITY AND GUARANTEE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order to deny the applicant's claim. The applicant alleged injury to his psyche and circulatory system, but the Administrative Law Judge (WCJ) found the applicant had not met his burden of proof regarding the alleged stressful workplace events. Medical opinions supporting the applicant's claims were deemed not to constitute substantial evidence, as they relied on a history of injury found not to be credible by the WCJ. The Board adopted the WCJ's report, giving great weight to the credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibilitypsychiatric injurycirculatory systemhypertensioncumulative traumaQualified Medical EvaluationDr. Bruce Yanofsky
References
3
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