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Case Law Database

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

Case No. 103 B.R. 416
Regular Panel Decision
Nov 01, 1989

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

The court issued findings of fact and conclusions of law, granting a preliminary injunction against the IAM for their unlawful strike activities targeting Eastern Air Lines at LaGuardia and Hartsfield Airports. The enjoined conduct includes trespassing, mass picketing, harassment, violence, and vandalism against Eastern's employees, customers, and property. The court found that these actions caused substantial and irreparable harm to Eastern and that public authorities were unable or unwilling to provide adequate protection. While the injunction imposed strict restrictions on these disruptive behaviors, the court denied Eastern's request to enjoin residential picketing, citing the Norris-LaGuardia Act. This decision aims to balance the unions' right to strike with Eastern's need to continue operations and protect its assets and personnel during the Chapter 11 reorganization.

Preliminary InjunctionLabor DisputeAirline IndustryStrike ActivityUnlawful ConductMass PicketingHarassmentVandalismUnion LiabilityNorris-LaGuardia Act
References
116
Case No. ADJ7031117
Regular
Feb 27, 2013

JAMIE XELOWSKI, JENNIFER CAMPBELL vs. CITY AND COUNTY OF SAN FRANCISCO, COMMUNITY HEALTH NETWORK

This case concerns dependent benefits for the adult daughter of a deceased employee. The applicant argued that a Social Security Administration (SSA) Notice of Award conclusively presumed her dependency for death benefits under Labor Code section 3501(a). The Appeals Board reversed the WCJ's decision, finding the SSA's disability determination constitutes an administrative finding by a trier of fact that the applicant was incapacitated from earning. This finding, occurring prior to the mother's death, satisfies the statutory requirement for conclusive presumption of dependency.

Workers' Compensation Appeals BoardDependent benefitsLabor Code section 3501(a)Conclusive presumption of dependencyTrier of factSocial Security AdministrationIncapacitated from earningAdult daughterMotor vehicle accidentIndustrial injury
References
18
Case No. ADJ8621726
Regular
Jul 18, 2019

LEONARD DE LA ROSA vs. KLOECKNER TRAVELERS COMPANY OF AMERICA, USA PROPERTY AMERICA, HOLDINGS; CASUALTY

This case involves a defendant challenging a permanent total disability award for an applicant who sustained a neurological injury. The defendant argued the QME's revised opinion on causation and disability was not substantial evidence, and that Labor Code section 4662(a)(4)'s conclusive presumption of total disability violates apportionment requirements. The Board denied reconsideration, affirming the WCJ's findings. They found the QME's reporting constituted substantial evidence, and importantly, that the conclusive presumption under LC 4662(a)(4) overrides apportionment requirements.

Workers' Compensation Appeals BoardPermanent Total DisabilityLabor Code section 4662(a)(4)Permanent Mental IncapacityQualified Medical EvaluatorNeurological InjuryNeurodegenerative DisorderApportionmentLabor Code section 4663Medical Evidence
References
2
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. ADJ7449576
Regular
May 11, 2016

MANNY WINNINGHAM vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS

This case concerns an applicant seeking total permanent disability benefits based on a brain injury. The applicant argued for conclusive total disability under Labor Code section 4662(a)(4) due to permanent mental incapacity. The Board affirmed the WCJ's finding that while the applicant suffered serious psychiatric impairments leading to overall total disability, the specific cognitive impairments did not meet the threshold for the *conclusive* presumption of total disability under section 4662(a)(4). Therefore, apportionment was still applicable, and the previous award of $84\%$ permanent disability was upheld.

Permanent total disabilityLabor Code section 4662(a)(4)Conclusive presumptionApportionmentBrain injuryPermanent mental incapacityGlobal Assessment of Functioning ScaleCognitive impairmentPsychiatric impairmentCorrectional officer
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Morales

The case concerns an appeal from a decision by the Unemployment Insurance Appeal Board, which ruled that a claimant and others working for Ronmar Specialties, Inc., a manufacturer of steel security products, were employees rather than independent contractors, thus making them eligible for benefits. The Board's findings were based on factors such as Ronmar determining work assignments and costs, guarantees to customers, and a non-compete clause for installers, alongside equipment leasing. The appellate court affirmed the decision, underscoring that the determination of an employment relationship is a factual matter, and the Board's conclusions are conclusive if supported by substantial evidence, even in the presence of conflicting information.

Employment RelationshipIndependent ContractorUnemployment BenefitsSubstantial EvidenceAppellate ReviewFactual DeterminationNon-Compete ClauseEquipment LeaseWork AssignmentsGuarantees
References
5
Case No. MISSING
Regular Panel Decision
Aug 25, 2009

Raghu v. New York City Housing Authority

In this personal injury case, the plaintiff, a home health care worker, slipped and fell on a stairway in a building owned by the defendant, sustaining fractures. She claimed to have observed a white, powdery substance on the steps. The defendant moved for summary judgment, asserting a lack of actual or constructive notice of any hazardous condition. While the initial motion court identified a credibility issue regarding the janitor's testimony, the appellate court reversed, granting the defendant's motion. The appellate court found the plaintiff failed to conclusively attribute her fall to either the powder, uneven risers, or inadequate handrails, deeming expert conclusions speculative.

Personal InjurySlip and FallSummary JudgmentNegligenceConstructive NoticePremises LiabilityStairwayHome Health WorkerCredibilityExpert Witness
References
6
Case No. MISSING
Regular Panel Decision

Claim of Crutshank v. Gypsum Deck Associates, Inc.

The employer and its insurance carrier appealed a Workmen’s Compensation Board decision from November 30, 1970, which awarded death benefits to the claimant. The Board found the decedent was an outside worker with latitude in his work, the employer supplied and maintained the car, and there was no conclusive evidence of deviation from employment. The accident occurred during snowy, hazardous driving conditions. The Board concluded the accident arose out of and in the course of employment and was not solely due to intoxication. The appellate court affirmed the decision, citing precedents that an unwitnessed accident occurring in the course of employment is presumed to arise out of employment, and noted no conclusive evidence of alcoholic intoxication causing the accident.

Workers' CompensationDeath BenefitsUnwitnessed AccidentIntoxication DefenseCourse of EmploymentArising Out of EmploymentAppellate ReviewAutomobile AccidentOutside WorkerSlippery Roads
References
3
Case No. MISSING
Regular Panel Decision
May 18, 1993

Claim of the Estate of Harrison v. Jerrick Waterproofing Co.

This case involves an appeal from a Workers' Compensation Board decision filed on May 18, 1993. The Board determined that Jerrick Construction Company was the decedent's sole employer at the time of his work-related death, and that Jerrick Waterproofing Company was not a special employer. This conclusion was supported by evidence indicating Jerrick Construction hired only nonunion employees, consistent with the decedent's status as a nonunion worker who received wages from Jerrick Construction. The appellate court found substantial evidence in the record to uphold the Board's determination. Given the Board's broad discretion in establishing employment relationships, the court affirmed the decision, finding no grounds to overturn its conclusion.

Employer LiabilityWorkers' CompensationSpecial EmployerSole EmployerEmployment RelationshipAppellate ReviewSubstantial EvidenceNonunion EmployeeWage Payment
References
0
Case No. ADJ6761550, ADJ6761551
Regular
Dec 14, 2010

JUAN SANCHEZ vs. CITY OF SANTA CLARA, Permissibly Self-Insured, Adjusted By CAMBRIDGE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed a prior decision finding applicant Juan Sanchez totally and permanently disabled. This disability stemmed from a combination of industrial injuries, including a stroke, which qualified for a conclusive presumption of total disability under Labor Code section 4662(d). The defendant City of Santa Clara had argued for apportionment of this disability based on prior awards and the distinct nature of the current injuries. However, the Board found that the conclusive presumption of total disability under section 4662 precluded apportionment. The concurring opinion agreed with the outcome but differed on the strict interpretation of unapportionability, asserting that apportionment might be possible in other section 4662 cases if properly proven.

Workers' Compensation Appeals BoardSubsequent Injuries Benefits Trust FundCity of Santa Clarapermanent total disabilityLabor Code section 4662incurable mental incapacitystrokecumulative injuryspecific injuryapportionment
References
6
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