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

Case No. ADJ6484815
Regular
Feb 10, 2010

EXWUTOSI ONYIUKE DIKE EMUEZE vs. UCLA MEDICAL CENTER; SEDGWICK UC 14533 LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB found that the administrative law judge (WCJ) improperly changed his credibility determinations regarding the applicant without sufficient explanation. Due to the conflicting decisions and the unavailability of the original WCJ to explain the shift in credibility findings, the case is returned to the trial level for a new trial. A different WCJ will rehear the case and issue a new decision, addressing all disputed issues, including witness credibility.

ReconsiderationCredibility DeterminationRescinded DecisionNew TrialWitness DemeanorIndustrial CausationWCJ ReportTrial LevelAppeal BoardMedical Reports
References
2
Case No. ADJ8553109
Regular
Nov 22, 2016

CARLOS PADILLA vs. POLYMER LOGISTICS, INC., FARMERS INSURANCE COMPANY

Here's a concise summary for a lawyer: The Appeals Board denied defendant's Petition for Removal, finding they failed to show irreparable harm or substantial prejudice from proceeding to trial. Defendant argued discovery was incomplete due to recent information regarding the applicant's alleged criminal conduct potentially affecting credibility. The majority ruled removal is an extraordinary remedy and that any issues could be addressed on reconsideration after trial. One Commissioner dissented, arguing that denying discovery on a critical credibility issue violates due process and substantial justice.

Petition for RemovalWorkers' Compensation Appeals BoardWCJDiscoveryIncarcerationPrejudiceIrreparable HarmReconsiderationMinute OrderTrial
References
4
Case No. ADJ 10459549, ADJ 10459544
Regular
Jul 07, 2017

SAUL MEJIA VALLADARES vs. SERVICON SYSTEMS, INCORPORATED

In this case, the Appeals Board affirmed the Arbitrator's denial of the applicant's specific injury claim from March 7, 2016, due to credibility issues and lack of substantial evidence. However, the Board rescinded the denial of the cumulative trauma claim from April 2011 to April 2016. The Board found that medical records indicated prior orthopedic complaints within the cumulative trauma period, necessitating further medical evaluation despite the applicant's credibility issues on other claims. Therefore, the cumulative trauma claim is returned to the Arbitrator for further development of the medical record.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryArbitratorCredibility DeterminationMedical EvaluationLabor Code Section 4060Carve-out CaseLabor Code Sections 3201.5
References
7
Case No. MISSING
Regular Panel Decision

Cranford v. Sexton

This case concerns a CPLR article 78 petition filed by a sanitation worker challenging his dismissal. The petitioner was found to have solicited and received a $20 bribe for bulk refuse pickup, an incident recorded via hidden equipment. Petitioner argued that an undercover investigator's credibility was compromised by the videotape and that dismissal was an excessive penalty. The court denied the petition, confirming the determination and dismissing the proceeding. It found the credibility issue beyond its purview and the videotape inconclusive, further noting that given prior disciplinary issues, the penalty of dismissal was not disproportionate or an abuse of discretion.

BriberyPublic EmploymentDismissalDepartment of SanitationUndercover OperationArticle 78 ProceedingJudicial ReviewAdministrative DecisionCredibility AssessmentExcessive Penalty Claim
References
2
Case No. ADJ48 1388
Regular
May 12, 2016

SURYA CORREA vs. CITY OF PASADENA

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the determination that applicant Surya Correa sustained a psychiatric injury arising from her employment with the City of Pasadena. The Board gave significant weight to the administrative law judge's credibility determinations, finding no substantial evidence to warrant overturning them. The judge's report, which the Board adopted, addressed the applicant's credibility issues, including undisclosed accidents and misrepresentations, but still found the psychiatric injury to be a compensable consequence of the industrial orthopedic injury. Applicant's separate petition for reconsideration regarding prejudgment interest on temporary disability was also denied as that issue had been deferred and not yet decided.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryCredibility DeterminationsAgreed Medical EvaluatorSub Rosa FilmsCumulative TraumaMajor Depressive DisorderPain DisorderApportionment
References
0
Case No. MISSING
Regular Panel Decision

Claim of Slade v. Perkins

The case involves an appeal on a shortened record from decisions of the Workmen’s Compensation Board. The central issue was whether the claimant, a demolition worker, sustained an injury arising out of and in the course of employment when he was assaulted at his job site in New York City. The claimant testified the attack was unprovoked, while a coworker stated the claimant had propositioned a passing girl, who later returned with the assailant. The Board found, based on credible evidence, that the assault constituted an accident arising out of and in the course of employment. The appellate court affirmed the Board's decision, emphasizing that issues of fact and witness credibility are for the Board to determine. A dissenting opinion argued that merely sustaining an injury at the employment site does not automatically make it compensable, especially if the claimant's actions provoked the incident.

AssaultDemolition WorkerCourse of EmploymentArising Out of EmploymentCredibility of WitnessesWorkmen's Compensation LawBoard FindingsAppellate ReviewUnprovoked AttackCompensable Injury
References
7
Case No. 2022 NY Slip Op 07117 [211 AD3d 1280]
Regular Panel Decision
Dec 15, 2022

Matter of Zeltman v. Infinigy Eng'g, PLLC

Claimant Edward Zeltman appealed a Workers' Compensation Board decision denying his claim for benefits due to alleged neck, lower back, and shoulder injuries. Zeltman claimed to have sustained injuries from a slip and fall on ice and from lifting heavy equipment during work on March 15, 2019. The Workers' Compensation Law Judge (WCLJ) and the Board found Zeltman to be an "unreliable narrator" due to inconsistent reporting, delayed notification of injuries, and a motive to fabricate stemming from prior work performance issues and a pending relocation. The Board's decision, which concluded that Zeltman failed to provide credible evidence of causally-related injuries, was supported by substantial evidence. The Appellate Division, Third Department, affirmed the Board's determination, citing its role as the sole arbiter of witness credibility and its broad authority to resolve factual issues.

Workers' CompensationCausally Related InjuryCredibility FindingsUnreliable NarratorSlip and FallLifting InjuryDelayed ReportingInconsistent Medical HistoryPre-existing ConditionsAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Mar 03, 2008

Barr v. 157 5 Avenue

The plaintiff appealed an order denying his motion for summary judgment on liability under Labor Law § 240 (1). The plaintiff was injured after falling from a wobbly, old ladder lacking anti-skid pads while performing renovation work. Labor Law § 240 (1) imposes a nondelegable duty on owners and general contractors to provide safety devices. The plaintiff established a prima facie case through his deposition, showing the ladder failed to provide proper protection and was a proximate cause of the accident. The defendants failed to raise a triable issue of fact or challenge the plaintiff's credibility.

Personal InjuryLadder AccidentConstruction Site SafetySummary JudgmentProximate CauseElevated RisksNondelegable DutyWorker SafetyDeposition TestimonyCredibility Issue
References
13
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ10153514 ADJ10605281
Regular
Sep 30, 2019

ROBERTO CARDENAS vs. SANTA ISABEL ENTERPRISES, INC. d/b/a VALLARTA, SAFETY NATIONAL INSURANCE COMPANY

This case involves a workers' compensation applicant alleging a specific injury to his right wrist, hand, and shoulder from a machine malfunction. The original Findings and Orders denied the claim, finding the applicant not credible, particularly due to discrepancies with a First Aid and Injury Notice. The Appeals Board rescinded this decision, finding that the WCJ failed to address the credible testimony of a eyewitness. The matter was returned for further proceedings to clarify evidence and credibility issues.

ADJ10153514ADJ10605281ROBERTO CARDENASSANTA ISABEL ENTERPRISESVALLARTASAFETY NATIONAL INSURANCE COMPANYHAZELRIGG CLAIMS MANAGEMENT SERVICESWORKERS' COMPENSATION APPEALS BOARDOPINION AND DECISION AFTER RECONSIDERATIONFindings and Orders
References
5
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