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

Case No. ADJ4477697 (LBO 0353551)
Regular
2013-05-00

TOBOSS BELL (DECEASED) vs. GENERAL MOTORS CORPORATION, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision that had vacated a dismissal order. The Board found that the September 30, 2011 dismissal for lack of prosecution was a final order, and the applicant failed to file a timely petition for reconsideration. Because the applicant missed the statutory deadlines, the Board could not reinstate the case and instead reinstated the original dismissal order.

Workers' Compensation Appeals BoardFindings and OrderPetition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissPetition to VacateFinal OrderContinuing JurisdictionLabor Code
References
0
Case No. MISSING
Regular Panel Decision
Jun 09, 2006

Rivera v. Ambassador Fuel & Oil Burner Corp.

This appellate decision modified an order from the Supreme Court, Bronx County, that had granted summary judgment in favor of defendants Ambassador and Holind and dismissed plaintiffs' Labor Law § 241 (6), § 200, and common-law negligence claims. The court reinstated the Labor Law § 241 (6) claims against both defendants and the Labor Law § 200 claims against Ambassador, denying summary judgment for these claims. It was determined that specific Industrial Code provisions were sufficiently specific to support the Labor Law § 241 (6) claim, and the work was considered part of construction, not merely cleaning. The court also found that any argument of contributory negligence by workers was unavailing due to the lack of supplied safety equipment. While claims against Holind under Labor Law § 200 and common-law negligence were affirmed for dismissal due to lack of supervisory control, factual issues concerning Ambassador's control over the work site led to the reinstatement of those claims against Ambassador. Finally, the motion for common-law indemnification was denied as premature pending the resolution of liability issues.

Summary JudgmentLabor Law § 241(6)Labor Law § 200Common-law NegligenceIndustrial CodeConstruction AccidentWorkplace SafetyOwner LiabilityContractor LiabilityIndemnification
References
9
Case No. MISSING
Regular Panel Decision

In re the Claim of Flynn

The claimant appealed a decision from the Unemployment Insurance Appeal Board which affirmed a Referee's decision to disqualify him from unemployment insurance benefits. The disqualification stemmed from the claimant's discharge by his employer after an altercation with a coemployee. Although an arbitrator later ordered his reinstatement, the claimant refused to return to work, citing concerns about supervisory authority and potential managerial vindictiveness. Both the Referee and the Board found his reasons for refusing reinstatement to be unjustified, concluding that he voluntarily left employment without good cause. The court affirmed the Board's decision, finding it supported by substantial evidence and within the Board's competency to determine factual questions.

Unemployment InsuranceBenefits DisqualificationVoluntary QuittingEmployee MisconductArbitration OutcomeReinstatement RefusalSupervisor AuthorityGood Cause DeterminationAppeal Board AffirmationSubstantial Evidence Review
References
1
Case No. MISSING
Regular Panel Decision

American La France v. International Ass'n of Machinists & Aerospace Workers Local Lodge No. 421

An employee, Shellard, was fired by American La France Company for assaulting a co-worker. Shellard filed a grievance, and the Union represented him, leading to arbitration. The arbitrator reinstated Shellard with back pay, finding him mentally retarded and thus entitled to differential treatment, citing state and federal laws for the handicapped. The Company challenged this award in district court. The district court judge found that the arbitrator exceeded his authority by introducing Shellard's mental impairment as an issue and by basing his decision on public laws outside the collective bargaining agreement. Therefore, the court vacated the arbitrator's award, reinstating the company's decision to fire Shellard.

Arbitration ReviewCollective Bargaining AgreementEmployee DischargeMental ImpairmentArbitrator AuthorityJudicial Review of ArbitrationJust CauseLabor DisputeContract InterpretationFederal Law
References
4
Case No. ADJ7937881
Regular
Jul 31, 2014

ROBERT ESCOBAR vs. SWINERTON/SHOTCRETE SYSTEMS, INC.; ZURICH NORTH AMERICA

This case involves a Petition for Reconsideration of a prior decision. The Appeals Board discovered a $130,000.00 Compromise and Release entered into after the initial decision. Consequently, the Board granted reconsideration, rescinded the previous decision, and returned the matter to the trial level for further proceedings on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardSwinerton/Shotcrete SystemsZurich North AmericaCompromise and ReleaseEAMSReconsiderationAdministrative Law JudgeWCJRescindedTrial Level
References
0
Case No. ADJ7594334
Regular
Dec 28, 2012

JOSEPHINE PARKER vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, THE HARTFORD

In this case, the Workers' Compensation Appeals Board granted reconsideration of a previous decision. The Board rescinded the original decision and returned the matter to the trial level for further proceedings. This action was taken following the parties' filing of Stipulations with Request for Award on December 11, 2012. The decision emphasizes that if the settlement is not approved by the judge, the original decision may be reinstated.

Workers' Compensation Appeals BoardStipulations with Request for AwardReconsiderationRescinded DecisionTrial LevelAdministrative Law JudgePetition for ReconsiderationDecision After ReconsiderationFurther ProceedingsJosephine Parker
References
0
Case No. ADJ6600912
Regular
Sep 13, 2010

DAVID BUCKELS vs. TRADER JOE'S COMPANY, ACE USA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to review a prior decision. Subsequently, the parties reported a settlement. The Board rescinded the trial judge's prior decision and returned the case to the trial level for the judge to review the adequacy of the Compromise and Release agreement. If the settlement is not approved, the prior decision may be reinstated.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJRescindedTrial LevelSettlement ApprovalPetition for New Panel QMEGallagher BassettTrader Joe's
References
0
Case No. ADJ10872182
Regular
Nov 18, 2019

VERONICA AVENDANO MACIAS vs. LOUISE DANELIAN, TRAVELERS COMMERCIAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision pending reconsideration because the parties reached a proposed settlement. The matter is returned to the trial level for the Workers' Compensation Judge (WCJ) to consider the settlement. If the settlement is not approved, the WCJ may reinstate the original decision. This decision does not address the merits of the case.

AOE/COEQME PanelsPetition for ReconsiderationFindings and OrderProposed SettlementTrial LevelWCJRescindedReinstatementWorkers' Compensation Appeals Board
References
0
Case No. ADJ10894396, ADJ10894410
Regular
Apr 06, 2023

JOSHUA KIBLINGER vs. TIM LAWLOR CONSTRUCTION, WESCO INSURANCE COMPANY, AMTRUST

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision and returned the case to the trial level. This action was taken because the parties have reached a proposed settlement while the matter was pending reconsideration. The trial judge will now review the settlement; if not approved, the prior decision can be reinstated. This is not a final decision on the merits.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWorkers' Compensation JudgeProposed SettlementFurther ProceedingsDecision After ReconsiderationAggrieved Person
References
0
Case No. ADJ4444900 (GOL 0088920)
Regular
Dec 22, 2020

JACQUELIN NORTON vs. PRICE, POSTEL & PARMA, LLP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board (WCAB) is returning the case of Jacquelin Norton v. Price, Postel & Parma, LLP to the trial level. This action is to allow the judge to review a proposed settlement reached by the parties. The original decision is rescinded, and if the settlement is not approved, the original decision can be reinstated. This decision is not a final determination on the merits.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJFindings of Fact and AwardLiquidationInsurance Guarantee AssociationCC&R 10961
References
0
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