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

Case No. ADJ3418391
Regular
Jan 18, 2014

VICKIE MENDOZA vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board reconsidered a prior order that barred recovery for certain lien claimants, including Physician Funding Solutions, based on Labor Code section 4903.8. The lien claimants argued that assignments predating the statute's January 1, 2013 effective date should be exempt. The Board agreed, rescinding the prior order. The case is returned for further proceedings to determine if the assignments were indeed completed before January 1, 2013, which would exempt them from the statute's bar.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderLien ClaimantAssigneeLabor Code section 4903.8Date of ServiceEffective DatePetition for ReconsiderationReport on Recommendation
References
0
Case No. MISSING
Regular Panel Decision

Graziano v. Medford Plaza Associates, Ltd.

Guy Graziano, an employee of Coca-Cola Company, sustained personal injuries after falling in a parking lot and received workers' compensation benefits. His insurance carrier initiated Action No. 2, as assignee, against prior property owners and managing agents after notifying Graziano of the assignment of his claim if he failed to sue within 30 days. Separately, Guy and Maureen Graziano commenced Action No. 1 against prior owners and the current owner, 210 West 29th Street Corp. The Supreme Court initially dismissed the Grazianos' action, ruling their claims were assigned to the carrier. On appeal, the order was modified: the dismissal of Action No. 1 was denied, and both actions were consolidated. The appellate court concluded that the carrier had waived its rights as an assignee against 210 West 29th Street Corp. by failing to pursue a claim against them.

Workers' Compensation LawAssignment of ClaimsPersonal InjuryProperty Owner LiabilityStatute of LimitationsWaiver of RightsConsolidation of ActionsAppellate ReviewInsurance SubrogationNew York Law
References
5
Case No. ADJ8015232
Regular
Oct 17, 2017

ROSA RAMIREZ vs. RANCHO HARVEST, INC., STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to determine the validity of a lien for interpreting services. The Board affirmed the lien claimant's entitlement to $1,905.00 for services rendered prior to January 1, 2013. However, they rescinded the original decision regarding services after January 1, 2013, finding them not subject to Independent Bill Review. The case is returned to the trial level to determine the reasonable value of services provided after that date.

Workers' Compensation Appeals BoardLien ClaimantInterpreting ServicesOfficial Medical Fee Schedule (OMFS)Independent Bill Review (IBR)Senate Bill 863 (SB 863)Labor CodeStatute of LimitationsExplanation of ReviewAdministrative Director
References
0
Case No. 528032
Regular Panel Decision
May 12, 2022

In the Matter of the Claim of IRA Jason Lucks, as Executor of the Estate of Julius Lucks, Deceased, Claimant

Julius Lucks suffered a work-related myocardial infarction in 1980, with liability initially against Continental Casualty Company (CNA) before being transferred to the Special Fund for Reopened Cases. After Julius's death in June 2013, his executor, Ira Jason Lucks, filed a claim for consequential death benefits. The Workers' Compensation Board ruled that CNA was the proper carrier for the death benefit claim, citing the failure to raise the applicability of Workers' Compensation Law § 25-a prior to the January 1, 2014 cutoff date. The Appellate Division affirmed the Board's decision, emphasizing that for relief from the Special Fund under Workers' Compensation Law § 25-a (1-a), both the accrual of the death benefit claim and the application for transfer of liability must occur before the January 1, 2014 deadline.

Workers' CompensationDeath BenefitsSpecial Fund for Reopened CasesTransfer of LiabilityAccrual DateCutoff DateCarrier LiabilitySection 25-aMyocardial InfarctionPermanent Partial Disability
References
3
Case No. 213 AD3d 601
Regular Panel Decision
Feb 23, 2023

Contreras v. Mall 1-Bay Plaza, LLC

This case involves an appeal concerning claims for contribution and indemnification against a third-party defendant, Electrical Illuminations by Arnold Inc., by Mall 1-Bay Plaza, LLC, the third-party plaintiff. The claims arose from an injury sustained by the plaintiff, Julio Contreras. The Supreme Court, Bronx County, granted the third-party defendant's motion to dismiss the third-party complaint. The Appellate Division, First Department, affirmed this decision, finding the claims barred by Workers' Compensation Law § 11. The court concluded that there was no allegation of a 'grave injury' and no written contract for indemnification or contribution was entered into prior to the accident with retroactive effect. Additionally, the claim for breach of contract for failure to procure insurance was also dismissed.

Workers' Compensation LawIndemnification AgreementContribution ClaimsGrave InjuryRetroactive ContractBreach of ContractFailure to Procure InsuranceMotion to DismissAppellate ReviewContract Interpretation
References
6
Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. ADJ2770463 (SAC 0336537)
Regular
Sep 16, 2009

JOHN FARMER vs. MADE IN JAPAN, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The applicant sought reconsideration of a permanent disability rating of 8%, arguing the incorrect rating schedule was applied. The WCAB granted reconsideration, finding that a treating physician's report dated December 1, 2004, may indicate the existence of permanent disability prior to January 1, 2005. Consequently, the WCAB rescinded the prior decision and returned the case to the trial level for further proceedings and a new decision under the correct legal interpretation. This action allows the WCJ to re-evaluate whether the 1997 Permanent Disability Rating Schedule should apply.

WCABPetition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpinePermanent Disability2005 Permanent Disability Rating Schedule1997 Permanent Disability Rating ScheduleTreating PhysicianPermanent Work Restrictions
References
3
Case No. MISSING
Regular Panel Decision

Claim of Earnest v. J.P. Molyneux Studio, Ltd.

The claimant, a secretary for an interior design company, alleged a back injury in March 2003 while lifting a box. The initial claim was disallowed by a Workers’ Compensation Law Judge, a decision subsequently affirmed by the Workers’ Compensation Board in January 2006. The claimant's application for reconsideration or full Board review was denied in a decision filed August 1, 2006. The current appeal solely challenges the denial of reconsideration, not the merits of the original claim. The court affirmed the Board's denial, concluding it was neither arbitrary nor capricious, as no new evidence had been presented.

AppealReconsideration DenialFull Board ReviewNon-Compensable InjuryAbuse of DiscretionArbitrary and CapriciousAppellate DivisionBack Injury ClaimNo New Evidence
References
5
Case No. LAO 0842819
Regular
Sep 04, 2007

JUAN M. VILLALOBOS vs. ANCRA INTERNATIONAL, GALLAGHER BASSETT SERVICES, INC.

This case concerns the application of the correct permanent disability rating schedule for an industrial injury occurring before January 1, 2005. The applicant sought to apply the prior rating schedule, arguing specific medical reports indicated permanent disability. However, the Workers' Compensation Appeals Board denied reconsideration, affirming the use of the revised rating schedule. The Board found no qualifying pre-January 1, 2005 medical report indicating the applicant was permanent and stationary, nor was the employer required to issue notice under Labor Code § 4061 until after that date.

WCABReconsiderationSupplemental Findings and AwardIndustrial InjuryLower BackPermanent DisabilityRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4061Labor Code Section 4660(d)
References
4
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