Updated Daily

Case Law Database

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

Case No. SDO 0312666

Regular

Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

The Workers' Compensation Appeals Board awarded applicant's counsel $5,000 in attorney's fees for responding to defendant's petition for writ of review, disallowing a portion of the requested hours and reducing the hourly rate from $275 to $250. The Board found the complexity of the issues and cited authorities to be of "average complexity." Additionally, $486.45 in costs were awarded for reproduction and binding of legal documents, supported by submitted bills.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate

References

Case No. ADJ7710991

Regular

Aug 19, 2011

IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Applicant's attorney sought reconsideration of a 12% attorney fee award on retroactive temporary disability, arguing the case's complexity warranted a higher fee. The Workers' Compensation Appeals Board denied the petition, finding the WCJ's characterization of the case as "average complexity" reasonable. The Board noted the applicant's claim was accepted and the core dispute involved the temporary disability rate. Furthermore, the attorney failed to provide required notice to the applicant regarding the fee request's impact on their recovery.

ADJ7710991Ian StoneTzimbal ConstructionState Compensation Insurance Fundattorney feeretroactive temporary disability indemnityaverage weekly wageLabor Code Section 4453(c)Opinion on DecisionFindings of Fact

References

Case No. AHM 0097527

Regular

Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization

References

Case No. 2021 NY Slip Op 00065

Regular Panel Decision

Jan 07, 2021

Matter of Jean-Pierre v. Brookdale Hosp. Med. Ctr.

Marie Anite Jean-Pierre, an employee of Brookdale Hospital Medical Center, was assaulted and injured while leaving the hospital complex after her shift. Her claim for workers' compensation benefits was initially controverted by the employer, arguing the injuries did not arise out of employment. However, a Workers' Compensation Law Judge found the claim compensable, a decision affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, further affirmed the Board's decision, finding substantial evidence that the assault occurred within the precincts of her employment, as she was still within the employer's multi-building complex when attacked. The court found the Board's determination supported by substantial evidence.

AssaultPremises LiabilityWorkers' Compensation BenefitsArising Out of EmploymentCourse of EmploymentSubstantial EvidenceMedical Office Complex InjuryEmployer's PremisesAppellate ReviewOff-Duty Injury

References

Case No. ADJ7244676

Regular

Dec 09, 2015

BARBARA VALENCIA vs. FRYS ELECTRONICS, ZURICH AMERICA

This case involves a petition for reconsideration filed by Lien Claimant William J. Carlisle, Esq., challenging the Workers' Compensation Administrative Law Judge's (WCJ) decision regarding his attorney fee and sanctions. Carlisle argued the complexity of the claim warranted a higher fee and disputed the WCJ's finding of personal bias and the imposition of $1,000 in sanctions. The WCJ's report, adopted by the Appeals Board, found the claim to be of average complexity and the awarded fee of $3,300 to be reasonable. The sanctions were upheld due to inconsistencies between Carlisle's sworn statements and the evidentiary record. Therefore, the Appeals Board denied Carlisle's Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Denying PetitionSanctionsLien ClaimantAttorney FeeWCJ ReportSpecific InjuryBilateral FeetPsyche

References

Case No. ADJ532181 (SFO 0438716) ADJ250509 (SFO 0242560) ADJ6545137

Regular

Nov 14, 2014

MICHAEL THOMAS, vs. SAFEWAY STORES, INC. Permissibly Self-Insured,

This case involved an applicant seeking treatment from a highly specialized surgeon, Dr. Matsen, located in Seattle, for a complex shoulder revision. The original decision denied authorization for Dr. Matsen, deeming Seattle outside a reasonable geographic area, and excluded a crucial report from the applicant's treating physician, Dr. Osborn. The Appeals Board granted reconsideration, admitting Dr. Osborn's report, which strongly supported Dr. Matsen's expertise and the inadequacy of local Bay Area surgeons for this complex case. Based on the applicant's medical history and the availability of specialized treatment, the Board reversed the original decision, finding Dr. Matsen to be within a reasonable geographic area.

Workers' Compensation Appeals BoardReasonable geographic areaTreating surgeonAdministrative Director Rule 9780Labor Code section 4600Orthopedic surgeonTotal shoulder replacementRevision surgeryMedical historyPhysician competency

References

Case No. ADJ6776516

Regular

May 30, 2017

FRANCIS HARGREAVES vs. SOUTHWEST AIRLINES, ACE USA INSURANCE CO.

This case involves an applicant seeking workers' compensation benefits for injuries sustained on the job, including to his back, left shoulder, left wrist, and psyche, as well as complex regional pain syndrome, coronary artery disease, and a sleep disorder. The defendant sought reconsideration of the initial award, arguing that the medical evidence did not support the $90\%$ permanent disability finding. The Appeals Board granted reconsideration, affirming the findings of injury and treatment for Complex Regional Pain Syndrome but reducing the permanent disability to $88\%$ by excluding the sleep disorder impairment due to insufficient objective evidence. The applicant's permanent disability payments were recalculated and ordered to commence from January 21, 2011.

Workers' Compensation Appeals BoardFrancis HargreavesSouthwest AirlinesACE USA Insurance Co.Sedgwick CMSADJ6776516Opinion and Order Granting Petition for ReconsiderationFindings Award and OrderAOE/COEback injury

References

Case No. ADJ4349043 (SRO 0127691)

Regular

May 10, 2011

FRANCISCO GONZALEZ vs. DE LOACH RANCHES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a lower decision regarding an attorney's fee. The applicant, found 100% permanently disabled, was awarded $33,600.00, representing approximately 12% of his permanent disability award. The applicant's attorney argued for a 15% fee, citing the complexity of the case and excellent results. The WCAB agreed the case was of above-average complexity and that a 15% fee was warranted, but deferred the final decision on the fee. This deferral was due to a technicality in the attorney's compliance with notice requirements to the applicant regarding the increased fee request. The case was returned to the trial level for proper notice and reconsideration of the award with a 15% attorney's fee, subject to applicant's objection.

Workers' Compensation Appeals BoardPermanent Disability AwardAttorney's FeePetition for ReconsiderationFindingsAwardOrderVineyard LaborerIndustrial InjuryPresent Value

References

Case No. MISSING

Regular Panel Decision

Paolucci v. Wood Gate Homeowners Ass'n

Plaintiff Mary Paolucci, a newspaper carrier, sustained an injury after falling on an icy sidewalk at the Woodgate Condominium I complex in Albany County. She and her husband filed a complaint alleging negligence against the complex owner, Wood Gate Homeowners Association, Inc., and its managing agent, Diamond View Realty, Inc. The Supreme Court denied the defendants' cross motion for summary judgment, stating a jury should determine if they had a reasonable opportunity to discover and correct the icy condition. On appeal, the order was reversed, and summary judgment was granted to the defendants. The appellate court found that the plaintiffs failed to establish that the defendants had actual or constructive knowledge of the hazardous condition and a reasonable time to correct it, deeming the evidence speculative.

Premises LiabilityIcy SidewalkSummary JudgmentConstructive NoticeNegligenceHomeowners AssociationManaging AgentSnow RemovalAppellate ReviewSlip and Fall

References

Case No. 524271

Regular Panel Decision

Sep 06, 2018

Matter of Kemraj v. Garelick Farms

Claimant Balram Kemraj sustained a work-related injury to his left shoulder in 2005. He was initially awarded workers' compensation benefits, but his schedule loss of use was later rescinded, and the claim was amended to include complex regional pain syndrome. A Workers' Compensation Law Judge found no further causally-related disability after September 16, 2013, a decision affirmed by the Workers' Compensation Board. On appeal, the Appellate Division affirmed the Board's decision, finding substantial evidence to support it. The court relied on the opinion of neurologist Sheldon Staunton, who conducted an independent medical examination and concluded that the claimant had no objective neurological problems, was exaggerating symptoms, exhibited no signs of complex regional pain syndrome, and could return to work immediately.

Workers' Compensation BenefitsCausally-Related DisabilityIndependent Medical Examination (IME)Complex Regional Pain SyndromeSchedule Loss of UseSubstantial EvidenceAppellate ReviewMedical CredibilityShoulder InjuryReturn to Work

References

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Updated Daily

Case Law Database

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

Case No. SDO 0312666

Regular

Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate

References

Case No. ADJ7710991

Regular

Aug 19, 2011

IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

References

Case No. AHM 0097527

Regular

Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization

References

Case No. 2021 NY Slip Op 00065

Regular Panel Decision

Jan 07, 2021

Matter of Jean-Pierre v. Brookdale Hosp. Med. Ctr.

AssaultPremises LiabilityWorkers' Compensation BenefitsArising Out of EmploymentCourse of EmploymentSubstantial EvidenceMedical Office Complex InjuryEmployer's PremisesAppellate ReviewOff-Duty Injury

References

Case No. ADJ7244676

Regular

Dec 09, 2015

BARBARA VALENCIA vs. FRYS ELECTRONICS, ZURICH AMERICA

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Denying PetitionSanctionsLien ClaimantAttorney FeeWCJ ReportSpecific InjuryBilateral FeetPsyche

References

Case No. ADJ532181 (SFO 0438716) ADJ250509 (SFO 0242560) ADJ6545137

Regular

Nov 14, 2014

MICHAEL THOMAS, vs. SAFEWAY STORES, INC. Permissibly Self-Insured,

References

Case No. ADJ6776516

Regular

May 30, 2017

FRANCIS HARGREAVES vs. SOUTHWEST AIRLINES, ACE USA INSURANCE CO.

References

Case No. ADJ4349043 (SRO 0127691)

Regular

May 10, 2011

FRANCISCO GONZALEZ vs. DE LOACH RANCHES, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPermanent Disability AwardAttorney's FeePetition for ReconsiderationFindingsAwardOrderVineyard LaborerIndustrial InjuryPresent Value

References

Case No. MISSING

Regular Panel Decision

Paolucci v. Wood Gate Homeowners Ass'n

Premises LiabilityIcy SidewalkSummary JudgmentConstructive NoticeNegligenceHomeowners AssociationManaging AgentSnow RemovalAppellate ReviewSlip and Fall

References

Case No. 524271

Regular Panel Decision

Sep 06, 2018

Matter of Kemraj v. Garelick Farms

References

Showing 1-10 of 248 results

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