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Case Law Database

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

Case No. ADJ9191842
Regular
Sep 01, 2017

MARIA A. OROZCO LEMUS vs. O. C. FARM LABOR, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant sustained a severe spinal injury resulting in quadriplegia, leading to permanent total disability. The defendant initially appealed a decision ordering home modifications for the applicant. However, prior to reconsideration, the parties reached a Compromise and Release agreement. The Workers' Compensation Appeals Board reviewed and approved this settlement, rescinding the prior order and making an award based on the agreement.

QuadriplegiaHome ModificationSubacute CarePermanent Total DisabilityJurisdictionMedical NecessityCompromise and ReleaseAppeals Board ApprovalLabor Code Section 5001WCAB Rule 10882
References
0
Case No. ADJ8801352
Regular
Jun 06, 2014

Robert Coon vs. Swift Transportation, Gallagher Bassett Services, Inc.

This case involves a student truck driver attacked while on a dinner break, sustaining severe injuries including partial quadriplegia. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury arose out of and in the course of employment. The Board applied the "commercial traveler" rule and the "personal comfort" doctrine, finding the employee's actions were incidental to his employment. Crucially, the Board determined the attack was a "neutral risk" as there was no evidence of personal motive for the assault.

AOE/COECommercial Traveler RulePersonal Comfort DoctrineNeutral Risk DoctrineThird-Party AssaultUnknown MotiveUnprovoked AttackLong Haul TruckerStudent DriverMentor
References
14
Case No. ADJ2270309 (VNO 0113668) ADJ4503834 (VNO 0113665) ADJ3103605 (VNO 0113666) ADJ2309113 (VNO 0113667)
Regular
Nov 10, 2010

MARIA GARCIA vs. CITY OF LOS ABNGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a previous award, finding merit in the applicant's contentions regarding denied medical treatments. The Board intends to admit a nurse case manager's report that was previously excluded. This reconsideration aims to further review the factual and legal issues to ensure a just decision regarding the applicant's extensive care needs stemming from long-term quadriplegia. The Board is specifically addressing disputes over various requested services, including nursing care, home modifications, and specific medical treatments.

Workers' Compensation Appeals BoardSupplemental Findings and AwardHomecareNursing ServicesBedsore TreatmentHousekeeping ServicesHospital BedQuadriplegiaInternal InjuryLabor Code §5803
References
0
Case No. TI11911166
Regular
Aug 23, 2019

NICOLAS MERCADO vs. PARK WEST ENTERPRISES, INC., dba CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration, upholding its prior decision that an additional bedroom is reasonable and necessary medical treatment for the applicant. The WCAB found substantial medical evidence from Dr. Vasile supports the need for a separate room due to the applicant's quadriplegia and sleep interruptions that worsen his health. While the separate room also benefits the applicant's wife, the WCAB concluded it is medically necessary for the applicant's own treatment and to improve his medical and functional status. The Board affirmed its authority to amend WCJ decisions and found Dr. Vasile's opinion more persuasive than the nurse case manager's.

Workers' Compensation Appeals BoardCIGAReconsideration OpinionHome ModificationAdditional BedroomMedical TreatmentQuadriplegiaTotal Permanent DisabilityPrimary Treating PhysicianDr. Vasile
References
8
Case No. MISSING
Regular Panel Decision

Murach v. Island of Bob-Lo Co.

A stunt diver employed by Maxwell Associates, Inc. sustained a severe injury, quadriplegia, on June 23, 1990, while performing an aerial act for Fantasy Island. The plaintiff fell from a 10-foot diving board after losing his grip, striking the edge of the pool. The court affirmed the denial of summary judgment motions by both defendants and the plaintiff, concluding that Arts and Cultural Affairs Law § 37.09 (1) applies and a cause of action was stated under it. The court determined the injury occurred during an aerial performance, not a dive, rejecting the assumption of risk defense. However, Fantasy Island cannot be held strictly liable as the statute is not analogous to Labor Law § 240 (1).

Stunt diver injuryAerial performance safetyAssumption of risk defenseArts and Cultural Affairs LawLabor Law § 240 (1) analogySummary judgmentAppellate reviewDue ProcessQuadriplegiaWorkplace safety standards
References
3
Case No. MISSING
Regular Panel Decision

Turner v. Niagara Frontier Transportation Authority

Plaintiff Emmett L. Turner was severely injured after an accident on the vessel "Samuel Wilkeson," where he tripped and fell through an open hatch, resulting in quadriplegia. He sued his employer, Niagara Frontier Transportation Authority (NFTA), and the vessel owner, City of Buffalo, alleging negligence and unseaworthiness. The City moved for summary judgment, arguing it was not Turner's employer and had relinquished control of the vessel through a charter. The court denied the City's motion, finding genuine issues of material fact regarding its potential liability for both negligence and unseaworthiness, especially concerning defects present prior to the charter agreement. Additionally, the NFTA's motion to amend its answer to include a defense of waiver of federal remedies due to the plaintiff's acceptance of state workers' compensation was also denied, as there was no evidence of an unqualified waiver.

Maritime LawUnseaworthinessNegligenceJones ActSummary JudgmentWorkers' CompensationVessel CharterOwner LiabilityFederal Rules of Civil ProcedurePersonal Injury
References
41
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