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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Lowcher v. Beame

Plaintiff, a former school secretary, initiated a civil rights action under 42 U.S.C. § 1983 against the Board of Estimate of the City of New York, the New York Teachers’ Retirement System, and the New York City Employees’ Retirement System. She alleged deprivation of her constitutional rights to due process and equal protection after her application for accident disability benefits was denied. The Medical Board of the New York Teachers’ Retirement System determined her disability was not proximately caused by a 1970 assault, and denied her requests for legal representation, witnesses, and access to a referred physician's report. Defendants moved to dismiss the complaint for failure to state a claim. Judge Metzner denied the motion, ruling that while a full adversarial hearing was not required, the plaintiff was entitled to know the evidence upon which the Retirement System made its determination, implying a due process violation in denying access to the medical report.

Due ProcessEqual ProtectionCivil Rights ActionDisability BenefitsAccident DisabilityAdministrative LawMedical BoardRight to CounselCross-ExaminationAccess to Evidence
References
8
Case No. ADJ10810740
Regular
Sep 10, 2019

EDWART HOVANESIAN vs. ARCADIA TRANSIT, INC., dba SUPERSHUTTLE OF SAN FERNANDO

This case involves an employer's petition for reconsideration of a workers' compensation award. The employer argued their due process rights were violated when the judge denied their post-trial motions to compel discovery and present additional witnesses. The Workers' Compensation Appeals Board denied reconsideration, finding that discovery closed at the mandatory settlement conference per statute and the employer failed to demonstrate due diligence. The Board concluded that procedural rules regarding timely disclosure of evidence do not violate due process, and the employer's strategic decision not to complete discovery did not excuse their failure to comply.

WCABPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndependent ContractorDue ProcessMandatory Settlement ConferenceDiscovery CutoffLabor Code Section 5502(d)(3)Pre-trial Conference Statement
References
10
Case No. ADJ6630793
Regular
Sep 16, 2010

TRACY ROGERS vs. TIMOTHY TOBIN dba BEACH AND COUNTY REAL ESTATE, STATE FARM INSURANCE COMPANIES

This case involves a worker's compensation applicant, Tracy Rogers, who filed a petition for removal. Rogers argued that denial of her petition would violate her due process rights by prejudging the case based on her representations. The Workers' Compensation Appeals Board (WCAB) denied removal, finding no evidence of significant prejudice or irreparable harm. The WCAB adopted the WCJ's report which stated that no evidence had been admitted, and prejudging the case would deny the defendant due process. The trial remains scheduled for September 28, 2010.

Workers' Compensation Appeals BoardPetition for RemovalDenying RemovalSignificant PrejudiceIrreparable InjuryApplicantDefendantWCJ ReportDue ProcessMandatory Settlement Conference
References
3
Case No. ADJ2862836
Regular
Dec 04, 2015

Renee Giallo vs. Guitar Center, Royal Sun Alliance Insurance

The Workers' Compensation Appeals Board (WCAB) denied Guitar Center's petition for reconsideration. The defendant argued the Administrative Law Judge (ALJ) exceeded her powers and denied due process by ordering future medical treatment against their prior stipulation. The WCAB adopted the ALJ's report, finding the defendant failed to comply with their own agreement to authorize 36 chiropractic treatments annually with Dr. Jalili. The Board found no denial of due process and that the evidence supported the ALJ's interpretation of the agreement's plain meaning.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJFindings and AwardStipulationChiropractic TreatmentDr. JaliliDue ProcessPro PerMinutes of Hearing
References
2
Case No. ADJ7552195, ADJ7564482
Regular
Feb 22, 2013

REYNA MARQUEZ vs. SENSIENT TECHNOLOGIES, ZURICH AMERICAN INSURACE CO., SEDGWICK CMS, ACE AMERICAN INSURANCE CO., SPECIALTY RISK SERVICES

This case concerns two workers' compensation claims for industrial injuries to the applicant's left shoulder and low back, respectively. The defendants, Zurich and ACE, petitioned for reconsideration, arguing that the findings of industrial injury were not supported by substantial medical evidence and that they were denied due process regarding an agreed medical evaluator's supplemental report. The Appeals Board denied reconsideration, finding that the defendants waived their due process objections by failing to raise them at the trial level or in their initial petition. The Board incorporated the WCJ's report, which found no basis for the defendants' arguments.

WORKERS' COMPENSATION APPEALS BOARDSENSIENT TECHNOLOGIESZURICH AMERICAN INSURANCE COMPANYACE AMERICAN INSURANCE COMPANYSEDGWICK CMSSPECIALTY RISK SERVICESAGREED MEDICAL EVALUATORDR. CHARLES F. XELLERSUPPLEMENTAL REPORTFINDINGS OF FACT
References
2
Case No. LAO 864451
Regular
Aug 18, 2008

JOUNG SU-LIOU vs. COUNTY OF LOS ANGELES/DPSS, ACCLAMATION INSURANCE MANAGEMENT SERVICES

This case concerns a defendant's petition for reconsideration of an order awarding the applicant $\$139.04$ in deposition expenses and $\$843.75$ in attorney's fees. The defendant argued it was denied due process because the order was entered without a hearing. However, the Board found that the applicant complied with procedural rules allowing for a "walk-through" filing of the petition for fees. The defendant had ample time to object to the petition after service and failed to do so, thus waiving their due process claim. Therefore, the Board denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code § 5710(b)Attorney's FeesReimbursement of ExpensesDeposition ExpensesWCJ OrderDue ProcessWalk-through BasisWCAB Rule 10890(b)(4)
References
0
Case No. ADJ3207351 (STK 0212028)
Regular
Jun 22, 2010

Willie Seeger vs. Exel and Sedgwick CMS, Chartis Insurance

This case involves an applicant awarded temporary total disability for a psyche injury stemming from a prior admitted orthopedic injury. The defendant sought reconsideration, arguing the psychiatric disability award was not supported by contemporaneous medical reports and that they were denied due process. The Workers' Compensation Appeals Board denied the petition, affirming the judge's decision. The Board found the Qualified Medical Evaluator's opinion provided sufficient evidence of both causation and the duration of temporary psychiatric disability, and the defendant waived due process concerns by stipulating to proceed without a deposition.

Expedited HearingPetition for ReconsiderationFindings and AwardInjury to PsycheCervical Spine InjuryLumbar Spine InjuryTemporary Total DisabilityPanel Qualified Medical EvaluatorDr. Hosein TahamiAdjustment Disorder
References
0
Case No. ADJ603509 (LAO 888258)
Regular
Oct 25, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

This case concerns lien claimants seeking reconsideration of a prior Board decision. The Board denied their petition, affirming its prior ruling that they failed to prove they were part of the defendant's Medical Provider Network (MPN) when providing services. Lien claimants' arguments regarding the MPN's validity and due process were waived due to untimeliness and failure to raise issues earlier. Furthermore, the Board found no denial of due process as lien claimants had actual notice of the defendant's petition.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien ClaimantsReconsiderationDecision After ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Compromise and ReleaseDue ProcessService of Process
References
22
Case No. ADJ7313891
Regular
Nov 02, 2016

WAHEED KESMATYAR vs. SAVEMART SUPERMARKETS/FOODMAXX

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that dismissed his case and denied him benefits. He argued he was denied due process due to his incarceration and lack of notice, and that proper procedure was not followed. The WCAB denied reconsideration, adopting the Workers' Compensation Judge's reasoning that the applicant's petition to set aside the dismissal was untimely and his claim was barred by the statute of limitations. The Appeals Board also noted that while incarceration was raised, other procedural and substantive arguments were not sufficiently demonstrated to warrant overturning the original decision.

Petition for ReconsiderationDenying PetitionsSlip and FallDismissal OrderStatute of LimitationsDenied Due ProcessIncarceratedSet Aside DismissalGood CauseImproper Service
References
0
Case No. ADJ1982707, ADJ6743542, ADJ2488929
Regular
Jan 30, 2014

BENNIE MARZETT vs. PACIFIC GAS & ELECTRIC COMPANY

In this workers' compensation case, the Appeals Board denied Pacific Gas & Electric's petition for reconsideration of an order imposing sanctions. The defendant argued the WCJ lacked jurisdiction due to the time elapsed since the injury and that due process required a hearing. The Board affirmed the sanctions, clarifying that the Appeals Board's continuing jurisdiction under Labor Code section 5803 to impose sanctions is separate from an applicant's ability to reopen a case for new and further disability. Furthermore, the Board found that due process was satisfied as the defendant failed to respond to the Notice of Intention to Impose Sanctions, negating the need for an oral hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsLabor Code section 5410Continuing JurisdictionLabor Code section 5803Labor Code section 5804Labor Code section 5813Due ProcessNotice of Intention to Impose Sanctions
References
5
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