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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
Feb 21, 2006

Rivera v. Barnhart

Plaintiff Russell Rivera, Jr. challenged the Commissioner of Social Security's decision denying him Supplemental Security Income (SSI) benefits. The case was referred to Magistrate Judge Frank Maas, who issued a Report and Recommendation to remand the action for further administrative proceedings, citing deficiencies in the plaintiff's hearing. After defendant objected to a time limit, an Amended Report and Recommendation was issued, omitting the disputed time limitation. District Judge Richard J. Holwell, finding no clear error, adopted the Amended Report in its entirety, granting the Commissioner’s motion. The court's decision was based on the Administrative Law Judge's failure to fully develop the administrative record and adequately consider the treating physician’s opinion, Dr. Asbury, whose findings differed from a nonexamining medical consultant.

Social Security BenefitsSupplemental Security IncomeDisability DeterminationAdministrative Law Judge (ALJ) ReviewRemand OrderTreating Physician RuleMedical AssessmentHIV/AIDS ImpairmentHepatitis C DiagnosisProcedural Error
References
15
Case No. MISSING
Regular Panel Decision

Law v. Barnhart

Plaintiff Sherdic Law challenged the Commissioner of Social Security’s denial of Social Security Income disability benefits, alleging disability due to various impairments including chronic leg pain, lower back pain, hepatitis C, and hyperthyroidism. The Administrative Law Judge (ALJ) denied Law's claim, finding he could perform sedentary work. U.S. District Judge Mukasey vacated the SSA's decision and remanded the case for further proceedings. The court found that the ALJ failed to adequately develop the administrative record regarding Law’s chronic leg pain, specifically omitting to obtain and review his EMG report despite objective medical evidence and Law’s testimony. This failure resulted in Law not receiving a full and fair hearing.

Social Security IncomeDisability BenefitsChronic Leg PainHerniated DiscHepatitis CHyperthyroidismHypertensionLumbar SpineAdministrative Law JudgeRemand
References
23
Case No. ADJ 4252592 (VNO 0411668)ADJ 3234790 (VNO 0443319) (MF)
Regular
May 04, 2012

HARRY WINSTON vs. CITY OF LOS ANGELES

This case concerns a petition for reconsideration by the City of Los Angeles challenging the Administrative Law Judge's (ALJ) finding of a single cumulative trauma injury. The applicant stipulated to two separate cumulative trauma periods for various injuries, but subsequent medical opinions from treating physicians concluded there was one continuous cumulative trauma injury spanning the applicant's entire employment. The ALJ amended the stipulations to align with this medical evidence and dismissed one of the applicant's cases as duplicative. Therefore, the ALJ recommends denying the employer's petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative Trauma InjuryAmended FindingsOpinion on DecisionStipulationsMedical EvaluationQualified Medical EvaluationAgreed Medical EvaluationDate of Injury
References
10
Case No. ADJ1936318
Regular
Jun 17, 2013

JUAN RIVERA vs. MORROW CABLE, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ recommended dismissal or denial of the petition due to improper verification by the defendant's attorney. The central issue was the necessity and reasonableness of a $165 lien for an interpreter to translate a Compromise and Release document for a Spanish-speaking applicant. The ALJ found such interpretation reasonable and necessary to protect both parties, rejecting the defendant's argument that the applicant's attorney speaking Spanish negated this need.

WCABPetition for ReconsiderationWCJUnverified PetitionLabor Code Section 5902CCP 446VerificationDismissalLienLogos Language
References
0
Case No. MISSING
Regular Panel Decision
Feb 29, 2012

House v. Commissioner of Social Security

Plaintiff Sheryl L. House sought judicial review of the Commissioner of Social Security's denial of her disability insurance benefits application. A Magistrate Judge issued a Report and Recommendation, concluding that the Administrative Law Judge's decision finding Plaintiff not disabled was supported by substantial evidence. The Magistrate Judge recommended granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's similar motion. The District Judge adopted this Report and Recommendation in its entirety, thus upholding the denial of disability benefits.

Disability BenefitsSocial Security ActAdministrative Law JudgeResidual Functional CapacityTreating Physician's RuleMedical-Vocational GuidelinesCredibility AssessmentPhysical ImpairmentsJudicial ReviewMotion for Judgment on Pleadings
References
54
Case No. MISSING
Regular Panel Decision
Aug 18, 1995

Miller v. Chater

Plaintiff initiated this action to seek review of the Secretary of Health and Human Services' decision establishing June 1, 1992, as the onset date for Supplemental Security Income (SSI) benefits due to alleged disability from mental retardation. Magistrate Judge Carol E. Heckman issued a Report and Recommendation, advising denial of the Secretary's motion for judgment on the pleadings and remand for reconsideration. The Magistrate Judge found errors in the Administrative Law Judge's (ALJ) assessment of the plaintiff's functional limitations, particularly regarding social domain, and noted the ALJ's failure to consider the retroactivity inference from the Zebley class action stipulation. District Judge Arcara reviewed the Report and Recommendation, and with no objections filed, adopted its findings. Consequently, the defendant's motion for judgment on the pleadings was denied, and the case was remanded to the Secretary for further reconsideration, emphasizing a misapplication of post-Zebley requirements for adjudicating children’s SSI benefits claims.

Supplemental Security Income (SSI)Disability BenefitsMental RetardationChild Disability ClaimsAdministrative ReviewSocial Security ActAge-appropriate functioningMedical EvidenceFunctional LimitationsOnset Date
References
12
Case No. MISSING
Regular Panel Decision
Jul 07, 2004

Claim of Stoudenmyre v. Loretto Rest Nursing Home

Claimant, a personal care aide, sustained a foot injury and her workers' compensation claim was established. Subsequently, an independent medical examination (IME) report was requested to address permanency. Claimant moved to preclude the IME report, arguing it was improperly mailed by Brookside Consultants, Inc., an IME services company, instead of the physician, violating Workers' Compensation Law § 137. The Workers' Compensation Law Judge denied the motion, which the Board affirmed. This Court affirmed the Board's decision, ruling that properly registered IME services companies are authorized to perform administrative functions like mailing reports, thereby substantially complying with Workers' Compensation Law § 137, as established in Matter of Clark v Siara Mgt., Inc.

IME reportmailing proceduresWorkers' Compensation Lawadministrative functionspermanency of injuryindependent medical examinationmedical reportsreport submissionappellate reviewBoard affirmation
References
1
Case No. MISSING
Regular Panel Decision
Mar 10, 2014

Rivera ex rel. S.M.H. v. Colvin

Plaintiff Carmen Rivera, on behalf of her daughter S.M.H., sought federal judicial review of a Social Security Administration decision denying Supplemental Security Income (SSI) benefits. Magistrate Judge Ronald L. Ellis recommended granting Rivera's motion for judgment on the pleadings and denying the Commissioner's cross-motion, finding S.M.H. met the disability requirements. The Magistrate Judge concluded that the Administrative Law Judge erred in finding S.M.H. had 'less than marked limitation' in interacting and relating with others, despite substantial evidence of behavioral and social difficulties. The District Court, presided over by Judge Colleen McMahon, adopted the Report and Recommendation, granting the plaintiff's motion, denying the defendant's motion, and remanding the case for the sole purpose of calculating benefits. The court found that the record persuasively demonstrated S.M.H.'s disability due to marked limitations in at least two functional domains and potentially meeting the mental retardation listing.

Social Security ActSupplemental Security Income (SSI)Childhood DisabilityLearning DisabilityADHDMood DisorderDisruptive Behavior DisorderFunctional LimitationsMarked LimitationAdministrative Law Judge (ALJ) Review
References
38
Case No. ADJ6683258
Regular
Jun 08, 2010

HILLMAN BARRERA vs. JAMM INDUSTRIESI CORPORATION, ILLINOIS MIDWEST SPRINGFIELD

The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by the applicant. The WCAB reviewed the petition and the report of the administrative law judge. Based on their review, the WCAB adopted the judge's report and denied the Petition for Removal. The order officially denies the applicant's request for removal, affirming the administrative law judge's decision.

Petition for RemovalWorkers' Compensation Appeals BoardJAMM INDUSTRIESI CORPORATIONILLINOIS MIDWEST SPRINGFIELDADJ6683258Administrative Law Judgedeny removalDeidra E. LoweFrank M. BrassJames C. Cuneo
References
0
Case No. ADJ7670179, ADJ7673731
Regular
Jan 25, 2012

OMAR HERNANDEZ vs. THE BUMBER SHOP, AVIZENT PRAETORIAN INSURANCE, CHARTIS INSURANCE

In this Workers' Compensation Appeals Board (WCAB) case, the applicant, Omar Hernandez, filed a Petition for Removal. The WCAB reviewed the petition and the report of the workers' compensation administrative law judge. Based on their review and the judge's report, the WCAB has denied the Petition for Removal. The Order indicates the WCAB found no grounds to disturb the administrative law judge's decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for Removaldenial of removalworkers' compensation administrative law judgeWCJ reportADJ7670179ADJ7673731Marina del Rey District OfficeFrank M. BrassDeidra E. Lowe
References
0
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