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

Case No. ADJ3744023
Regular
May 15, 2009

JOSEPH CRABTREE vs. MITCHELL BERMAN CABINET MAKER, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of an award finding an industrial injury to the applicant's abdomen/groin (hernia) and a resulting peripheral nerve injury causing 24% permanent disability. The defendant argued the peripheral nerve injury was not supported and the disability rating was incorrect due to misapplication of the AMA Guides. The Board denied reconsideration, adopting the judge's report and finding that the medical evidence supported the peripheral nerve injury and the AMA Guides were correctly applied. The Board found the agreed medical evaluator's conclusions were well-reasoned and supported by the evidence.

Workers Compensation Appeals BoardIndustrial InjuryHerniaPeripheral Nerve InjuryPermanent DisabilityAgreed Medical Evaluator (AME)AMA GuidesPetition for ReconsiderationMedical EvidenceWCJ
References
4
Case No. ADJ2778117 (RIV 0032584)
Regular
Dec 31, 2009

KEYIN MORALES vs. RALPHS GROCERY CO., SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted the petition for reconsideration and amended the Findings and Award to find 18 1/2 percent permanent disability, after apportionment of 50 percent to applicant's non-industrial peripheral neuropathy.

ApportionmentPeripheral neuropathyCausationPermanent disabilityAgreed medical examinerWCJPetition for reconsiderationFindings and AwardWork restrictionsIndustrial injury
References
4
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
11
Case No. MISSING
Regular Panel Decision
Sep 21, 2006

People v. Caridi

The defendant appealed a conviction for offering a false instrument for filing in the second degree, stemming from his false representation that workers on a HUD-funded project were paid the prevailing wage required by the federal Davis-Bacon Act. The defendant argued that state prosecution was preempted by federal law. The court disagreed, holding that the criminal proceeding was a valid exercise of the State’s police power with only a peripheral relationship to the Davis-Bacon Act, and there was no manifest Congressional intent to preempt state jurisdiction. Furthermore, the court found no conflict between state and federal law, as compliance with both was possible and state prosecution did not obstruct federal objectives.

False Instrument FilingDavis-Bacon ActFederal PreemptionState Police PowerSupremacy ClauseCriminal ProsecutionPrevailing WageHUD Funded ProjectConstruction ProjectConcurring Opinion
References
6
Case No. MISSING
Regular Panel Decision

Betts v. University of Rochester

The Special Term's decision to grant the defendant's motion to dismiss the plaintiff's complaint on the grounds of lack of subject matter jurisdiction was unanimously reversed. The primary issue on appeal was whether the causes of action presented in the complaint were preempted by the National Labor Relations Act. The court determined that the plaintiff's first and second causes of action, alleging wrongful termination in violation of an employment contract, were not preempted, as the defendant's alleged anti-union animus was irrelevant to the breach of contract claim. Additionally, the plaintiff's third cause of action, involving defamation and/or intentional infliction of emotional distress, was also found not to be preempted, as these claims are considered of peripheral concern to federal labor law and do not constitute unfair labor practices.

Wrongful TerminationBreach of Employment ContractDefamationIntentional Infliction of Emotional DistressNational Labor Relations ActLabor Law PreemptionSubject Matter JurisdictionAppellate ReviewState Court JurisdictionAnti-Union Animus
References
8
Case No. MISSING
Regular Panel Decision

Montner v. Interfaith Medical Center

Plaintiff Richard Rivera sued Interfaith Medical Center and its officers for breach of contract, seeking salary deductions Interfaith failed to deposit into his tax deferred annuity (TDA) and related tax liability. Defendants moved to dismiss, citing ERISA preemption and exclusive federal jurisdiction. The court denied dismissal, ruling that ERISA did not preempt the breach of contract claim as it only peripherally related to the plan, and that the Civil Court had concurrent jurisdiction. Partial summary judgment was granted to Rivera for the undeposited $14,039.72 against Interfaith. However, summary judgment was denied against the individual officers. The plaintiff's claim for tax liability damages was granted only to the extent of scheduling an evidentiary hearing to determine the appropriate amount.

ERISA PreemptionBreach of ContractTax Deferred Annuity (TDA)Employee Retirement Income Security ActFederal JurisdictionState Concurrent JurisdictionFiduciary DutyCompensatory DamagesSummary JudgmentSalary Deductions
References
26
Case No. MISSING
Regular Panel Decision
Dec 19, 1985

Sasso v. Vachris

The New York Court of Appeals addressed whether Business Corporation Law § 630, which allows employees to recover unpaid pension and welfare contributions from the 10 largest shareholders of a closely held corporation, is preempted by ERISA. Plaintiffs, trustees of a union welfare and pension trust fund, sought to collect delinquent contributions from shareholders of Vacar Construction Company after the corporation filed for bankruptcy. The lower courts had ruled that the state law was preempted by ERISA. The Court of Appeals reversed this decision, holding that Business Corporation Law § 630 serves as a remedial enforcement mechanism for collecting overdue contributions and does not regulate the terms or conditions of employee benefit plans. The court clarified that ERISA's preemption clause has inherent limits, and state laws with only a "tenuous, remote, or peripheral" effect on benefit plans are not preempted.

ERISA PreemptionShareholder LiabilityDelinquent ContributionsEmployee Benefit PlansMultiemployer PlansCollective BargainingState Law RemediesBusiness Corporation LawTrust FundsPension Funds
References
19
Case No. MISSING
Regular Panel Decision

Local 54 United Paperworkers International Union

Local 54 United Paperworkers International Union appealed a decision by the Unemployment Insurance Appeal Board, which found the union liable for unemployment insurance contributions for payments made to its officers engaging in union activities during work hours. The union contended that its officers were not employees and that New York's unemployment insurance laws were preempted by the National Labor Relations Act. The court concluded that substantial evidence supported the Board's finding of an employer-employee relationship, citing expense reimbursements, tax withholdings, and W-2 form issuances by the union. Furthermore, the court ruled that the National Labor Relations Act did not preempt the state's unemployment insurance statute, categorizing the union's preemption argument as a peripheral concern to the federal act, while upholding state authority over unemployment compensation programs. Consequently, the Board's decision was affirmed.

Unemployment InsuranceEmployee-Employer RelationshipUnion OfficersPreemptionNational Labor Relations ActState LawCompensationWorkers' Compensation BoardDisability Benefits LawNew York
References
18
Case No. MISSING
Regular Panel Decision
Jun 04, 2001

Claim of Keeley v. Jamestown City School District

The claimant, a teacher for Jamestown City School District, experienced various symptoms after renovations at the middle school in 1992, attributing them to chemical exposure. After stopping work and seeking medical attention, the School District filed a C-2 form. However, a Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board disallowed the claim, finding that the claimant failed to prove a causal relationship between the disability and employment. The record showed exposure to carpet adhesives and ventilation issues, but also noted the claimant's intermittent symptoms since 1988 and recurrence with household cleaners. While some medical experts diagnosed toxic peripheral neuropathy, toxic encephalopathy, and multiple chemical sensitivity, and linked them to work exposure, other experts disagreed. The Board weighed these conflicting medical opinions. The court affirmed the Board’s decision, concluding that substantial evidence supported the finding that no causal relationship was established.

Workers' CompensationCausally Related DisabilityChemical ExposureSchool RenovationsToxic Peripheral NeuropathyToxic EncephalopathyMultiple Chemical SensitivityConflicting Medical OpinionsBurden of ProofMedical Evidence
References
5
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