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

Case No. MISSING
Regular Panel Decision

Muller v. Frankenburg-Rich Corp.

Claimant experienced dizzy spells, acute hypertensive crisis, cerebral anoxia, and possible myocardial infarction after inhaling heavy black smoke at work. The Workers’ Compensation Law Judge established a causal relationship and awarded benefits, a decision affirmed by the Workers’ Compensation Board despite conflicting medical testimony from the employer's physician. The employer appealed, questioning the compensability, the employment status of a custodian, and alleging unfair treatment. The appellate court affirmed the Board's decision, finding substantial evidence for the work-related injuries and upholding the Board's fact-finding authority, while finding no prejudice regarding the custodian issue.

Workers' CompensationOccupational ExposureSmoke InhalationCardiovascular EventNeurological InjuryCausal RelationshipMedical EvidenceAppellate ReviewAdministrative LawFact-Finding
References
7
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Montes v. Harrison Central School District

Angel Montes, a former senior custodian for the Harrison Central School District, was terminated during his probationary period. He initiated a hybrid action and Article 78 proceeding challenging his termination and seeking reinstatement to his prior custodial worker position with back pay, citing Civil Service Law § 63 (1). The Supreme Court of Westchester County granted his petition. The Harrison Central School District appealed this decision. The appellate court affirmed the Supreme Court's judgment, ruling that Montes's appointment as senior custodian constituted a "promotion" under the relevant Civil Service Law and Westchester County Civil Service Rules, thereby entitling him to return to his former position.

Employment TerminationProbationary PeriodPromotionCivil Service LawArticle 78Collective Bargaining AgreementReinstatementBack PayPublic EmployeeJudicial Review
References
1
Case No. MISSING
Regular Panel Decision
May 02, 1996

In re the Claim of Teeter

The claimant was disqualified from receiving unemployment insurance benefits due to misconduct. This stemmed from a 13-week suspension as a custodian after an arbitration found he directed racial comments and threats at a co-worker. The Unemployment Insurance Appeal Board denied benefits, relying on the arbitrator's findings. The court affirmed this decision, ruling that a suspension does not prevent benefit denial and that threats to a co-worker constitute disqualifying misconduct, which was supported by substantial evidence.

unemployment insurancemisconductracial commentsthreatssuspensionarbitrationbenefits denialcustodianappellate reviewsubstantial evidence
References
5
Case No. MISSING
Regular Panel Decision

Claim of Phillips v. Elmira City School District

The Workers' Compensation Board's decision, finding the claimant to have a permanent partial disability and awarding compensation for lost wages after retirement, was affirmed on appeal. The claimant, a school custodian, suffered multiple injuries from a fall, leading to his classification as permanently partially disabled. The causal relationship between the accident and the disability inferred that his post-retirement wage loss was due to physical limitations. The employer failed to prove that the loss of employment was solely due to unrelated economic or other causes.

Workers' CompensationPermanent Partial DisabilityLost WagesRetirement BenefitsCausally Related DisabilityAppellate DecisionAffirmed DecisionEmployer AppealMedical CausationEconomic Factors
References
2
Case No. ADJ5686973
Regular
Dec 09, 2011

WOLDESLASSIE HABTESLASSIE vs. SEBASTOPOL UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning a custodian's knee injury. The defendant school district sought a higher permanent disability rating, arguing the prior rating was improperly calculated under the 1997 Schedule. The Board agreed that the calculation might have erred by not considering the higher of work restrictions or subjective/objective factors. The matter of permanent disability was deferred and returned to the trial judge for a new decision, while other aspects of the prior award were affirmed.

Workers' Compensation Appeals BoardSebastopol Unified School DistrictWoldeslassie HabteslassiePermanent DisabilityApportionment1997 Schedule for Rating Permanent DisabilitiesWork RestrictionsSubjective and Objective FactorsPanel Qualified Medical Evaluator (PQME)Findings Award and Order
References
0
Case No. ADJ4442534 (OAK 0266174)
Regular
May 17, 2010

ROXANNE MOSLEY vs. OAKLAND UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order, finding it unclear if the applicant received proper notice of the dismissal proceedings. Although the applicant's original attorneys had closed their practice and the current custodians of records did not represent her, a new firm filed the reconsideration petition on a precautionary basis. The Board intends to affirm the dismissal unless the applicant, who appears unrepresented, files an objection within 30 days, and will serve her at both her last known addresses to ensure notice.

Workers' Compensation Appeals BoardReconsiderationOrder Dismissing CasePetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardSubstitution of AttorneysCustodian of RecordsAgreed Medical Evaluator
References
6
Case No. MISSING
Regular Panel Decision

Claim of Gowdey v. Newburgh City School District

Claimant, a custodian, sustained a work-related back injury in 1985. Seven years later, at age 62, he retired upon vesting for his pension. Despite having a continuing partial medical disability, the Workers’ Compensation Board denied his subsequent application for compensable lost time, ruling he voluntarily withdrew from the labor market. The court affirmed this decision, finding no evidence his duties changed or that he was under medical restrictions. It was concluded that his disability did not interfere with his work performance and his decision to retire was not influenced by his injury.

Voluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsPartial Medical DisabilityRetirementBack InjuryCausally Related InjuryChiropractor TestimonySubstantial EvidenceAppellate ReviewAffirmation of Decision
References
3
Case No. ADJ8032740
Regular
Sep 17, 2014

LAURA RAMIREZ vs. LOYOLA MARYMOUNT UNIVERSITY, TRAVELERS

This case involved a custodian injured on the job, causing admitted industrial injury to her knee and lumbar spine. The Administrative Law Judge apportioned 50% of the permanent disability to pre-existing arthritis, a decision the applicant contested. The Workers' Compensation Appeals Board denied reconsideration, finding the apportionment supported by medical evidence indicating the industrial injury and pre-existing arthritis jointly necessitated knee replacement surgery. This aligns with precedent requiring apportionment to all causative factors, including underlying pathology.

ApportionmentPre-existing arthritisIndustrial injuryPermanent disabilityWCJPetition for reconsiderationLabor Code 4663PQMEOrthopaedic surgeonArthroplasty
References
4
Case No. MISSING
Regular Panel Decision

Bogutski v. Board of Education

The plaintiff, Angelina Bogutski, sued the Board of Education of the City of New York and an individual custodian-engineer for injuries sustained during her employment. The court ruled that the negligence action is barred by Workers’ Compensation Law §§ 11 and 29 (6). The individual defendant, also an employee of the Board of Education, is considered a coemployee. Therefore, the plaintiff is prohibited from maintaining a negligence action against a coemployee under Workers’ Compensation Law § 29 (6). The order from the Supreme Court, Kings County, granting summary judgment was unanimously affirmed.

Workers' CompensationNegligence ActionCo-employee ImmunityEmployer LiabilitySummary Judgment AppealEducation LawAppellate DivisionInjury During EmploymentGovernment Employer
References
4
Case No. SFO 0487887
Regular
Sep 18, 2007

CDWARD HEBBERT vs. SEQUOIA UNION HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed a prior award finding that "wage continuation" payments made to an injured custodian were not temporary disability payments for the purpose of calculating the 104-week limit under Labor Code section 4656. The Board concluded these payments, made under Education Code section 45199, were distinct from temporary disability indemnity, thus resetting the two-year limitation period. However, the Board rescinded the award of increased benefits under Labor Code section 4650, as that issue was not properly raised at trial.

Workers' Compensation Appeals BoardCDWARD HEBBERTSEQUOIA UNION HIGH SCHOOL DISTRICTOpinion and Decision After ReconsiderationModified WorkTemporarily Totally DisabledWage ContinuationTemporary Disability IndemnityLabor Code section 4656Expedited Hearing
References
5
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