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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

Jones v. Harris

Plaintiff Robert Jones, an incarcerated individual at Sing Sing, initiated this action alleging his cell was searched multiple times in retaliation for exercising First Amendment rights and in violation of his Eighth and Fourteenth Amendment rights, along with various property deprivations. Defendants, including correctional officers Harris and Allen, and Superintendent Marshall, moved to dismiss the complaint for failure to exhaust administrative remedies and to state a claim. The court granted dismissal of plaintiff's Eighth Amendment claims related to cell searches and alleged sexual harassment, as well as First Amendment retaliation claims concerning cell searches, property destruction, and false misconduct reports, citing insufficient factual allegations or failure to meet constitutional thresholds. However, the court denied dismissal of plaintiff's Fourteenth Amendment due process claim regarding the deprivation of three specific items of property against defendants Allen and Marshall, requesting further legal briefing on questions concerning the exhaustion of administrative remedies and access to post-deprivation procedures. Motions filed by the plaintiff for summary judgment and in limine were denied; the former as futile due to lack of exhaustion or constitutional violation, and the latter as premature.

Prisoner RightsFirst AmendmentEighth AmendmentFourteenth AmendmentDue ProcessRetaliationCell SearchProperty DeprivationQualified ImmunityAdministrative Remedies
References
45
Case No. MISSING
Regular Panel Decision

Melnick v. Consolidated Edison, Inc.

Lauren Melnick, pregnant, slipped and fell on a manhole cover, claiming it caused premature labor and her daughter Jenny Fay Kusner's autism spectrum disorder (ASD) and pervasive developmental disorder (PDD). Defendant Consolidated Edison, Inc. moved to preclude plaintiffs' expert from testifying that prematurity and low birth weight cause autism, arguing this theory lacks general acceptance in the medical community. Following a Frye hearing, the court, presided over by Justice Joseph J. Maltese, granted the defendant's motion, finding the plaintiffs' expert's opinion scientifically unreliable and speculative. The court reasoned that medical literature only shows an "association" between very low birth weight/extreme prematurity and developmental issues, not a direct causal link, and that the facts of Jenny's birth (34.2 weeks, 5 lbs 4 oz) did not align with the extreme cases in cited studies. Consequently, the plaintiffs' claims for injury related to Jenny's autism/PDD were dismissed.

Expert Witness PreclusionFrye StandardCausation in Tort LawMedical MalpracticePremature BirthLow Birth WeightAutism Spectrum Disorder (ASD)Pervasive Developmental Disorder (PDD)NeurologyPediatrics
References
27
Case No. LBO 0299050
Regular
Sep 10, 2007

MARICELA TAROS vs. WEST COAST AEROSPACE, INC.; AMERICAN PROTECTION INSURANCE CO., Administered by BROADSPIRE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because no benefits had yet been awarded, rendering the petition premature. The Board also noted that the Workers' Compensation Judge likely lacked jurisdiction to award temporary disability benefits beyond five years from the date of injury, as the alleged disability arose outside this period. Therefore, the petition was dismissed as both premature and procedurally questionable regarding jurisdiction.

Workers Compensation Appeals BoardReconsiderationPetition to ReopenStipulated AwardTemporary Total DisabilityAgreed Medical ExaminerDate of InjuryJurisdictionNew and Further DisabilityAggrieved Party
References
5
Case No. ADJ6786901
Regular
Aug 24, 2010

IDELFONSO RODRIGUEZ vs. GARDEN FRESH RESTAURANTS CORPORATION, TRAVELERS PROP. CASUALTY COMPANY OF AMERICA

This case involves a defendant's premature petition for dismissal of a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the prior order was interlocutory and not a final determination of substantive rights. Furthermore, the WCAB denied the defendant's request for removal, finding no basis for extraordinary relief due to lack of demonstrated prejudice. The WCAB affirmed the judge's denial of dismissal as premature under Board Rule 10582.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalInterlocutory OrderFinal OrderLabor CodeSubstantive RightLiabilityApplication for Adjudication
References
7
Case No. ADJ6939683
Regular
Sep 03, 2013

MARGARITA ANGUIANO vs. COURTYARD BY MARRIOTT AT PASO ROBLES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer: The Appeals Board dismissed the lien claimant's Petition for Reconsideration because the Notice of Intention to Dismiss Lien is an interlocutory procedural order, not a final order subject to reconsideration. The lien claimant failed to appear at the scheduled lien trial, prompting the Notice of Intention to Dismiss. The Board found the petition premature and lacking the required detail for reconsideration. The matter will return to the WCJ to consider sanctions against the lien claimant for the premature and deficient petition.

Notice of Intention to Dismiss LienLien ClaimantPetition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsProcedural OrdersSkeletal PetitionSanctionsCosts
References
7
Case No. ADJ8979705
Regular
Oct 01, 2016

VENANCIO GALLEGOS vs. ROSE & SHORE RITE WAY RR MEAT PACKERS, INCORPORATED/RITE-WAY MEAT PACKERS, INCORPORATED, EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order to further develop the record. This decision was based on the WCJ's premature order to depose the original PQME, Dr. Steiger, before ruling on whether his reports were admissible. The Board found that requiring this deposition without a ruling on Dr. Steiger's availability would be premature and cause irreparable harm. The case is returned to the trial level for a status conference before a new judge to address the PQME dispute and other issues.

Petition for RemovalVacating SubmissionPQME depositionMedical report admissibilityCross-examinationWCJ orderWorkers' Compensation Appeals BoardRecord developmentPrecedentIrreparable harm
References
3
Case No. ADJ170525
Regular
Jun 02, 2014

ELISA MONTES vs. J.T. INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the lien claimant's Petition for Removal, reversing the WCJ's order to take the case off calendar. The WCJ had prematurely declared lien conferences premature despite a stipulated Award resolving the applicant's injury and agreeing to pay all liens of record, including the claimant's. The Board found the lien claimant's claim for services rendered prior to the Award ripe for resolution, even with a pending petition for new and further disability. Therefore, the case is returned to the trial level for a lien trial.

Petition for RemovalLien claimantOrder off calendarPetition for new & furtherLien trialCumulative traumaStipulated AwardPermanent disabilityFuture liensOutstanding balance
References
1
Case No. ADJ1204838 (SAC 0337972)
Regular
May 26, 2010

MARCUS GREAR vs. DEPARTMENT OF TRANSPORTATION; SCIF STATE EMPLYEES SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant. The defendant argued the vocational evaluator identified other occupations the applicant could perform and that remanding the case was premature due to pending Supreme Court review in *Duncan v. Workers' Comp. Appeals Bd*. The Board found the WCJ had discretion regarding remand and that defendant could seek reconsideration if the WCJ issued a premature decision. In a separate matter, sanctions of $250 were imposed on applicant's counsel for filing a successive petition from a non-final order.

Permanent disabilityVocational evaluatorPetition for reconsiderationRemandLabor Code section 5900Successive petitionNon-final orderSanctionsLabor Code section 5813Frivolous action
References
1
Case No. MISSING
Regular Panel Decision

KB Dissolution Corp. v. GREAT AMERICAN OPPORTUNITIES, INC.

This case addresses KBI's application to file a second amended complaint, which GAO resisted. KBI's initial claims on a promissory note were dismissed as premature due to GAO's pending counterclaims. The Court determined it had jurisdiction, despite GAO's appeal, because the appeal was from a non-final decision. The Court further found that GAO's counterclaims had reached a 'Final Resolution' according to the Asset Purchase Agreement, making KBI's claims no longer premature. Consequently, the Court granted KBI's application in part, vacating the prior dismissal of KBI's first, second, and fourth claims for relief, and denied it in all other respects.

Promissory NoteAsset Purchase AgreementBreach of ContractCounterclaimsJurisdictionAppealFinal ResolutionPrematurity of ClaimsVacated DismissalLeave to Amend
References
7
Case No. ADJ2813255 (STK 0210632)
Regular
Nov 08, 2011

JONA DUNCAN vs. J.M. KECKLER MEDICAL COMPANY INC, REDWOOD FIRE AND CASUALTY, BERKSHIRE HATHAWAY (ENDURANCE INSURANCE)

This case involves a workers' compensation claim for cumulative trauma injury to the lower back and right leg. The applicant, Jona Duncan, claims injury while employed by J.M. Keckler Medical Company, Inc. The insurer, Redwood Fire and Casualty, filed a petition for removal, arguing that the issuance of an arbitrator panel by the WCJ would prematurely cut off discovery. The WCAB denied removal, finding the petition premature and lacking a showing of significant prejudice or irreparable harm. The Board adopted the WCJ's report, which stated that Redwood's fears of lost discovery were unsubstantiated and that Endurance had indicated contribution proceedings would only commence after the case-in-chief was resolved.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeMandatory ArbitrationCumulative TraumaInsurerContribution ProceedingsCase-in-ChiefDiscovery RightsPrejudice
References
2
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