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

Case No. ADJ2979319 (LAO 0864585)
Regular
Nov 21, 2008

PETRA GARCIA vs. BANKERS WEST FUNDING CORPORATION, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

This case concerns an applicant's entitlement to temporary disability indemnity (TDI) following a right upper extremity injury. The defendant sought reconsideration of an award, arguing TDI should cease earlier based on a QME's opinion and statutory limits. The Appeals Board granted reconsideration, amending the award to find TDI payable from January 3, 2006, through September 2, 2008, and continuing, while establishing the "date of commencement" for the two-year TDI limit as July 1, 2008, the date of first payment. The Board found the treating physician's opinion more persuasive than the QME's regarding the duration of temporary disability.

Workers' Compensation Appeals BoardPetra GarciaBankers West Funding CorporationNational Liability and Fire Insurance CompanyADJ2979319ReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)Panel Qualified Medical Evaluator (QME)Ernest Washington M.D.
References
5
Case No. MISSING
Regular Panel Decision
May 01, 1954

Peters v. New York City Housing Authority

The court granted the motion concerning the continued occupancy rights of the tenants. This decision affects the ongoing residency of individuals currently living in the property. Furthermore, an associated appeal has been formally scheduled to be heard and argued before the Court of Appeals. This hearing is slated to occur during its session in May of 1954.

References
0
Case No. MISSING
Regular Panel Decision

Pre' Catelan, Inc. v. International Federation of Workers

The plaintiff, a restaurant business operating an 'open shop' called Pre’ Catelan, sought an injunction against striking workers and their union. The strike, initiated without warning, involved picketing and alleged acts of violence, intimidation, and assault against employees and patrons, resulting in severe injuries to some workers. The defendants denied these charges, claiming peaceful picketing and attributing any disturbances to strangers, arguing the strike was due to the plaintiff's intention to destroy the union. The court, citing established principles regarding lawful picketing and the protection of workers' rights, found that the presented proof established aggravated assaults and threats. Consequently, the motion to continue the injunction pendente lite was granted.

StrikePicketingInjunctionLabor DisputeViolenceIntimidationAssaultThreatsOpen ShopClosed Shop
References
12
Case No. MISSING
Regular Panel Decision

In re Jabril P.

The case concerns a proceeding under New York State Social Services Law § 392 to determine whether three children should remain in foster care. This court was directed by the Appellate Division, First Department, to provide findings after reversing previous orders to discharge the children to their parents. A new hearing in 1980 found the father unfit due to his demanding nature and inability to understand the children's needs. The mother, while in remission from prior issues, remained questionable in her ability to cope with the stress of the children's return, especially given the father's attitude and the return of an older son from prison. The court, balancing parental rights with the children's best interests, granted the agency's petition for continued foster care until March 1, 1981, imposing several conditions on the parents and the agency.

Foster CareParental RightsSocial Services LawChild WelfareFamily LawChild CustodyAppellate DivisionUnfitnessPsychiatric TreatmentVisitation
References
9
Case No. MISSING
Regular Panel Decision

In re Lindsay W.

The Commissioner of Social Services of the City of New York appealed an order from the Family Court, Queens County, which effectively dismissed a proceeding to continue the placement of a neglected child, Lindsay W. The Family Court had denied the Commissioner's request for a temporary extension of placement, citing the process server's error in service as an invalid excuse. The appellate court ruled that the Family Court abused its discretion by not granting the temporary extension, finding that the Commissioner had shown 'good cause' through good-faith attempts to notify the respondent mother and an excusable process server misunderstanding. The case was reversed and remitted to the Family Court to determine if the Commissioner's initial petition for extension, filed 11 days late, was also for 'good cause', which would then lead to a merits hearing on the extension of placement.

Child NeglectFamily Court ActPlacement ExtensionService of ProcessAbuse of DiscretionGood CauseParental RightsAppellate ReviewRemittiturTimely Filing
References
6
Case No. ADJ2237816 (VNO 0533019) ADJ4364633 (VNO 0515869)
Regular
Jun 02, 2009

YOUBERT MOREH vs. LEXUS OF WESTMINSTER, CYPRESS INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity (TDI) for two industrial injuries: a right shoulder injury in January 2005 and a back injury on March 21, 2005. The original judge denied further TDI, citing a two-year statutory limit under Labor Code section 4656(c)(1). The applicant contends the TDI for the back injury should not count towards the shoulder injury limit, as the shoulder injury was not yet claimed or accepted when TDI for the back was paid. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further development of the record. This is to determine the precise periods of temporary disability for each injury and the extent of any overlap, which is crucial for applying the TDI limitations.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code section 4656Overlapping InjuriesRight Shoulder InjuryBack InjuryAuto MechanicQualified Medical EvaluatorFindings of FactReconsideration
References
6
Case No. BAK 145900; BAK 146234 BAK 146235
Regular
Sep 26, 2007

AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC.

The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in *Cruz*, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with *Cruz*.

Labor Code section 4656subdivision (c)(2)(C)amputation exceptiontotal knee arthroplastytemporary disability indemnitypermanent and stationaryreconsiderationen banc decisionCruz v. Mercedes Benz of San Franciscorescinded
References
1
Case No. ADJ3658479 (MON 0326348) ADJ2546762 (MON 0325529)
Regular
Apr 29, 2009

BRAD M. WEISER vs. LAUREL SHEET METAL, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns an applicant seeking additional temporary disability indemnity (TDI) for a shoulder injury after already receiving two years of TDI for a back injury. The Appeals Board granted reconsideration, reversing the prior award. The Board found that because the periods of temporary disability for the back and shoulder injuries entirely overlapped, the applicant is limited to 104 weeks of TDI pursuant to Labor Code section 4656(c)(1). Therefore, the applicant is not entitled to any additional TDI beyond what has already been paid.

Labor Code section 4656(c)(1)Temporary Disability Indemnity (TDI)specific injurycumulative injuryoverlapping periods104 compensable weeksdate of commencementorthopedic surgeonregular physiciandeposition
References
3
Case No. MISSING
Regular Panel Decision

Claim of Dillabough v. Jaquith Industries, Inc.

Claimant, who suffered an occupational injury to their right elbow, was deemed permanently partially disabled and awarded continuing workers' compensation benefits for reduced earnings after accepting a lower-paying position with the employer. The Workers' Compensation Board affirmed a Workers’ Compensation Law Judge’s decision. The employer appealed, arguing the injury was amenable to a schedule award rather than continuing benefits. However, the court affirmed the Board's decision, citing substantial evidence from a medical expert that the claimant's condition involved continuing pain, potential worsening, and a future need for surgery, justifying the award of continuing benefits.

Workers' CompensationPermanent Partial DisabilityReduced EarningsSchedule AwardContinuing BenefitsMedical Expert TestimonyPainSurgeryOccupational InjuryEmployer Appeal
References
6
Case No. ADJ8643967, ADJ10070125, ADJ10069887, ADJ10525090
Regular
Sep 28, 2018

Applicant vs. Calgary Flames, et al.

The Workers' Compensation Appeals Board denied an applicant's petition for removal of a prior order granting a continuance. The applicant, a hockey player alleging industrial injuries, claimed the continuance would cause significant prejudice and irreparable harm. However, the Board found that the applicant's attorney had filed a petition to withdraw, making the continuance necessary for the applicant to secure new counsel. Therefore, removal was deemed inappropriate and the petition was denied.

ADJ8643967ADJ10070125ADJ10069887ADJ10525090Santa Ana District OfficeCALGARY FLAMESOPINION AND ORDERDENYING PETITION FOR REMOVALworkers' compensation administrative law judgeWCJ
References
1
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