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

Case No. ADJ2124401
Regular
Apr 09, 2014

THOMAS ENGLE vs. COPY RIGHT PRINTING SYSTEMS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal regarding a change of hearing location from Santa Barbara to Oxnard. The Board reasoned that the Division of Workers' Compensation has budgetary constraints and the inherent power to manage its calendars, including changing hearing locations due to space limitations at the Santa Barbara satellite office. The Board noted that CourtCall and other options exist for participants who have difficulty traveling to Oxnard.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCABDivision of Workers' CompensationDWCVenueDistrict OfficeSatellite OfficeCourtCall
References
1
Case No. ADJ9342987, ADJ9342988
Regular
Apr 21, 2014

DEBBIE MORRISON vs. COUNTY OF SANTA BARBARA/PUBLIC HEALTH DEPARTMENT, CORVEL

This case involves an applicant's petition for removal, seeking a change of venue to a Santa Barbara office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the WCJ's report. The WCAB explained that the Division of Workers' Compensation (DWC) dictates office locations based on budgetary constraints and can calendar hearings at different offices due to limited resources. The applicant may petition for a change of venue to Oxnard.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueSatellite FacilityIrreparable HarmAdministrative Law JudgeLabor Code § 138.2(b)Labor Code § 5501.5Goleta District Office
References
1
Case No. ADJ8501518
Regular
Mar 21, 2014

PAMELA LIBERA vs. COUNTY OF SANTA BARBARA SHERIFF'S DEPARTMENT, CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied Pamela Libera's Petition for Removal. The WCAB found that the Division of Workers' Compensation (DWC) is statutorily responsible for providing district office quarters within budgetary constraints. Even if venue is established, the WCAB can calendar hearings at different locations due to limited resources. The WCAB also noted available alternatives like CourtCall for parties facing travel difficulties.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalDivision of Workers' CompensationDWCWCABvenuedistrict officecalenderingCourtCallmandatory settlement conference
References
12
Case No. ADJ7578348
Regular
Mar 21, 2014

ANA OCHOA vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB affirmed the administrative law judge's decision, which is based on budgetary constraints and limited space resources within the Division of Workers' Compensation. The WCAB can calendar hearings at different district offices, even if venue is established elsewhere, as long as it is based on available resources. The applicant's attorney is encouraged to explore remote appearance options like CourtCall for future mandatory settlement conferences.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeBudgetary ConstraintsVenueCalendaring HearingsMedical Treatment Lien ConferencesCourtCallMandatory Settlement Conference
References
0
Case No. ADJ8463132 ADJ8752512
Regular
2014-05-00

MARIA JIMENEZ vs. IHG RESOURCES, INC., ZURICH NORTH AMERICA

This case involves a petition for removal filed by applicant Maria Jimenez regarding the calendaring of hearings. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that the Division of Workers' Compensation (DWC) has discretion in providing office quarters and scheduling hearings based on budgetary and space limitations. The WCAB can calendar hearings at different offices due to resource constraints, even if venue is established elsewhere. Therefore, the petition for removal was denied as per the administrative law judge's report.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' Compensationbudgetary constraintsvenuesatellite officejudicial resourcesspace resourcesadministrative law judge reportdenying removal
References
0
Case No. ADJ8978314
Regular
Apr 10, 2014

LAGIMONIERE BETH ANN vs. MARIAN MEDICAL CENTER, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to prevent a hearing from being moved from Santa Barbara to Oxnard. The WCAB affirmed that it has the authority to calendar hearings at different locations due to budgetary constraints and limited space, citing statutory provisions and its inherent power to control its calendars. While acknowledging potential travel inconvenience, the WCAB noted alternatives like CourtCall and indicated efforts to find a more suitable Santa Barbara facility. Therefore, the transfer of the hearing location was deemed permissible and not grounds for removal.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceSatellite OfficeIrreparable HarmAdministrative Law Judge
References
1
Case No. ADJ1259001
Regular
Apr 08, 2014

Patricia Scharli vs. County of Santa Barbara, Corvel Corporation

The Workers' Compensation Appeals Board (WCAB) denied Patricia Scharli's Petition for Removal. The denial was based on the administrative law judge's report, which concluded that moving a mandatory settlement conference from Santa Barbara to Oxnard due to space limitations at the new Santa Barbara office was a mere inconvenience, not significant prejudice. The WCAB has statutory authority to determine hearing locations based on budgetary and space constraints, and can calendar hearings at different offices even without formally changing venue. The WCAB encourages the use of CourtCall for attorneys to mitigate travel difficulties for applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCalendaring AuthorityMedical Treatment Lien ConferenceCourtCallMandatory Settlement ConferenceExpedited Hearings
References
1
Case No. ADJ6883950
Regular
Mar 20, 2014

JOYCE FOX vs. CASA NAOMI, FIRSTCOMP dba MARKET INSURANCE SERVICES

This case concerns an applicant's Petition for Removal regarding the transfer of a mandatory settlement conference (MSC) from the Goleta/Santa Barbara district office to the Oxnard district office. The Workers' Compensation Appeals Board (WCAB) denied the petition, citing the Division of Workers' Compensation's (DWC) budgetary constraints and its authority to calendar hearings at different locations due to limited space. The WCAB found that the transfer was a necessary administrative measure to address overcrowding and that it did not constitute significant prejudice or irreparable harm. The decision emphasizes the WCAB's inherent power to control its calendars and proceedings, even without a formal change of venue order, as long as parties are properly notified.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCJ ReportBudgetary ConstraintsCourtCallMandatory Settlement ConferenceVenueInherent PowersCalendar Control
References
3
Case No. MISSING
Regular Panel Decision
Mar 02, 2011

Roberts v. Gavin

Lillian Roberts, executive director of District Council 37, AFSCME, AFL-CIO, and various affiliated local unions, challenged a determination by the Personnel Review Board (PRB) of the New York City Health and Hospitals Corporation (HHC). The petitioners sought to annul HHC's decision to restructure its layoff units in response to a financial crisis, a decision which was upheld by the PRB. The motion court initially dismissed the petition as untimely, but the appellate court determined it was timely. Ultimately, the appellate court affirmed the PRB's decision, finding that HHC acted within its authority and had a rational basis for its restructuring in light of budgetary constraints, thus dismissing the petition on its merits.

Layoff unitsAdministrative reviewBudgetary crisisPublic sector employmentCollective bargainingJudicial deferenceCPLR Article 78Arbitrary and capricious standardSeniority rightsPersonnel rules
References
15
Case No. 2021 NY Slip Op 01376
Regular Panel Decision
Mar 09, 2021

Matter of Gesmer v. Administrative Bd. of the N.Y. State Unified Ct. Sys.

This case concerns the appeal of Supreme Court Justices Ellen Gesmer et al. against the Administrative Board of the New York State Unified Court System. The petitioners challenged the Board's denial of their certification for continued judicial service past the mandatory retirement age, a decision attributed to severe budgetary constraints stemming from the COVID-19 pandemic. Supreme Court initially annulled the Board's determination, citing a lack of individualized review. However, the Appellate Division, Third Department, reversed this decision, holding that the Board acted within its broad authority in considering the overall needs of the court system, including economic necessity. Consequently, the petition was dismissed, and the Board's denial of certification was upheld.

Judicial CertificationMandatory Retirement AgeBudgetary ConstraintsCOVID-19 Pandemic ImpactJudicial DiscretionCPLR Article 78 ProceedingDeclaratory Judgment ActionAppellate ReviewAdministrative LawAge Discrimination
References
14
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