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

Case No. ADJ2440985 (EUR 037746)
Regular
Jun 11, 2014

FRANK McCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

In McCovey v. Wayne Bare Trucking, the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The petition was filed on April 17, 2014, over 25 days after the Board's decision was served on March 3, 2014. California law allows 20 days for reconsideration, plus an additional 5 days for mailing, and filing is determined by receipt date, not mailing date. As the petition was received beyond the jurisdictional deadline, the Board lacked the power to grant it.

Petition for ReconsiderationUntimelyDismissalLabor Code Section 5903WCAB Rule 10507JurisdictionalAppeals BoardWayne Bare TruckingState Compensation Insurance FundMaranian v. Workers' Comp. Appeals Bd.
References
3
Case No. MISSING
Regular Panel Decision

Kennedy v. Weeks Marine, Inc.

Martin R. Kennedy was injured while working on a barge chartered by his employer, American Bridge Company, from Week’s Marine, Inc. Kennedy fell from a wooden plank serving as the barge's gangway, which was supplied by American Bridge. He brought suit pursuant to 33 U.S.C. § 905(b), but Magistrate Judge David F. Jordan granted summary judgment for Week’s Marine, concluding they had no duty to provide a safe gangway under a bare boat charter. Kennedy appealed this judgment, arguing Week's Marine had knowledge of workers on the barge. The District Court affirmed the lower court's decision, ruling that Week's Marine, having relinquished control of the vessel in a bare boat charter, was not responsible for conditions arising after the charter or for providing a gangway, as the charterer, American Bridge, became the owner pro hac vice and bore that duty.

Bare Boat CharterMaritime LawSummary JudgmentLongshore and Harbor Workers' Compensation ActVessel Owner LiabilityCharterer LiabilityGangway SafetyDuty of CareOwner Pro Hac ViceAppellate Review
References
14
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
4
Case No. ADJ6755627
Regular
Jan 07, 2013

MINERVA CASASOLA vs. ABM INDUSTRIES, AIG CHARTIS, ESIS

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration. The WCJ previously dismissed the lien claimant's claim for failing to appear at a lien conference and show good cause for their absence. Despite the lien claimant's assertion of not receiving notice, the Board found evidence of proper service through the Electronic Adjudication Management System. A bare assertion of non-receipt is insufficient to overcome proof of service under California law.

Lien claimantPetition for ReconsiderationWCJLien conferenceNotice of Intention to Dismiss LiensGood causeProof of serviceEAMSService listNotice of hearing
References
4
Case No. ADJ8151109 ADJ8652587
Regular
Jun 04, 2019

GIANCARLO BERMUDEZ vs. TECHTRANS, INC., ZURICH NORTH AMERICA INSURANCE COMPANY, SUSSEX INSURANCE COMPANY, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves lien claimant Scripte Corporation's petition for reconsideration after its lien was dismissed for failing to appear at a lien conference. Scripte claimed it did not receive notice of the conference, but the WCAB upheld the dismissal, finding the presumption of proper mail service was not rebutted by a bare declaration of non-receipt. Commissioner Gaffney dissented, arguing the office manager's declaration provided sufficient evidence to rebut the presumption and warrant a new hearing. The majority denied reconsideration based on the WCJ's reasoning, adopting it as their own.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienLien ConferenceNotice of HearingGood CauseRebuttable PresumptionProof of ServiceCompromise and ReleaseWorkers' Compensation Appeals Board
References
0
Case No. ADJ7523496 ADJ7523331
Regular
Mar 16, 2017

HELGA RAMIREZ vs. TRIAS, LLC dba TWOHEY'S RESTAURANT, AMERICAN CLAIMS MANAGEMENT

This case concerns a lien claimant seeking reconsideration of their lien's dismissal. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant received proper notice of intent to dismiss for non-appearance at trial. The majority ruled the lien claimant failed to rebut the proof of service with anything more than a bare assertion of non-receipt. However, one Commissioner dissented, arguing the petition effectively served as an objection and that relief should be granted under principles of mistake or excusable neglect, citing a representative's illness.

Lien ClaimantPetition for ReconsiderationDismissal OrderJoint Notice of Intention to Dismiss LienDue ProcessProof of ServiceNotice of IntentionLien TrialAdministrative Law JudgeWorkers' Compensation Appeals Board
References
10
Case No. ADJ8166052
Regular
Aug 13, 2013

MARIA GARCIA vs. JOSE MARTINEZ ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of lien claims for failure to pay activation fees. The lien claimants, Imperial Medical Management and Allied Injury Management, argued they did not receive notice of the lien conference. However, the Board found evidence of proper service via US mail and email, consistent with their designated methods. Presumptions of regular performance of official duty and proper service applied, and a bare assertion of non-receipt was insufficient to overcome proof of service.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceService of NoticePresumption of ServiceNon-ReceiptLien ClaimantLien Activation FeeOrder Dismissing Lien ClaimElectronic Adjudication Management System
References
12
Case No. MISSING
Regular Panel Decision
Jul 07, 2008

Commissioners of State Insurance Fund v. Ramos

This case involves an action to collect a judgment against defendants-appellants, who are alleged to be the alter egos of a judgment debtor. The Supreme Court initially granted the plaintiff's motion to dismiss the defendants' affirmative defense of laches, ruling it pleaded only a bare legal conclusion without supporting facts. Subsequently, the court denied the defendants' motion to renew this defense. The appellate court unanimously affirmed both orders, concluding that the defense of laches was unavailable. It further noted that the affirmation provided by the defendants' attorney in support of amending the answer lacked probative value regarding any prejudice allegedly caused by the plaintiff's delay.

lachesalter egojudgment collectionaffirmative defensemotion to dismissmotion to renewappellate reviewCPLR 3013workers' compensation premiumsjudicial procedure
References
3
Case No. MISSING
Regular Panel Decision

Sheriff Officers Ass'n v. Nassau County

The Sheriff Officers Association, Inc., representing Kathryn Ranieri, grieved Nassau County's decision to send Ranieri to an Independent Medical Examiner (IME) for an opinion on her ability to return to work. An arbitrator upheld the County's action, but the Supreme Court vacated this arbitration award, finding the arbitrator exceeded his authority. This appellate court reversed the Supreme Court's decision, determining that the arbitrator did not exceed his power. The court emphasized the limited scope of judicial review for arbitration awards, stating that an award must be upheld if it offers even a 'barely colorable justification' for the outcome and does not give a 'completely irrational construction' to the contract provisions. Thus, the arbitrator's original determination, upholding the County's actions, was reinstated.

Collective Bargaining AgreementArbitration AwardCPLR Article 75Judicial ReviewArbitrator AuthorityIndependent Medical ExaminationGrievancePublic Sector EmploymentScope of ReviewLabor Dispute
References
13
Case No. MISSING
Regular Panel Decision

In re McGee

This opinion addresses a motion by a respondent father in a child protective proceeding to compel his three-year-old daughter, the alleged victim of sexual abuse, to testify as a defense witness. The petitioner Commissioner of Social Services had previously presented the child's hearsay testimony. Both the Commissioner and the Law Guardian opposed the motion, citing potential emotional trauma to the child, but provided no specific evidence of harm. The court ruled that a child's bare statement of unwillingness to testify or a conclusory statement of potential harm is insufficient to obtain a protective order preventing testimony. Balancing due process rights of the respondent with the state's obligation to protect the child, the court granted the motion, ordering the child to be produced for an in-chambers interview.

child protective proceedingsexual abusechild witnesshearsay testimonydue processright to call witnessesFamily Court Actjudicial discretionparens patriaecross-examination
References
9
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