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Case Law Database

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

Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
0
Case No. ADJ9105445
Regular
Dec 01, 2009

CHARLES STUMPH vs. COUNTY OF ORANGE, SHERIFF'S DEPARTMENT

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) opinion. The error involved misidentifying a defendant in the initial sentence of a paragraph. The WCAB has issued an order correcting this clerical error to accurately reflect that the applicant, Charles Stumph, entered into a compromise and release agreement with the County of Orange Sheriff's Department. This correction was made without granting further reconsideration, as such errors can be amended at any time. The Board's original decision rescinded the administrative law judge's findings and approved the compromise and release agreement.

Workers' Compensation Appeals BoardClerical ErrorReconsiderationLabor Code Section 132aFindings of Fact and OrderCompromise and ReleaseWCJWCAB Rule 10882Labor Code Section 5001Labor Code Section 5002
References
2
Case No. MISSING
Regular Panel Decision

Amsili v. Boozoglou

The Supreme Court reversed a prior order that denied a petitioner's application to settle a Workers' Compensation claim. The court found that the petitioner was not responsible for an error leading to the Insurance Company of North America (INA) incorrectly assuming payment for an individual not employed by its insured, noting the underlying dispute was between INA and the Uninsured Employers Fund (UEF). The court excused the petitioner's delay in seeking a compromise order, acknowledging the difficult circumstances where both INA and UEF avoided coverage and the Workers' Compensation Board prolonged the matter. The case was remanded to the IAS Court for a hearing to determine the reasonableness of the settlement and any actual prejudice to the respondents, emphasizing that the petitioner should not be penalized for relying on the Board for relief.

Settlement of ClaimCompromise OrderRemand for HearingActual PrejudiceTimeliness of MotionInsurance Coverage DisputeUninsured Employers Fund LiabilityAppellate ReversalJudicial Discretion
References
1
Case No. MISSING
Regular Panel Decision
Jul 12, 2005

Cahill v. Triborough Bridge & Tunnel Authority

Plaintiff, a laborer on the Triborough Bridge, fell from a form while attempting to descend and re-ascend it due to the absence of a mechanical manlift. He sued, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). A jury found the defendant liable under Labor Law § 200 and found violations of Industrial Code provisions under § 241 (6), but only one, regarding insufficient illumination (12 NYCRR 23-1.30), was found to be a proximate cause. The defendant moved to vacate these verdicts. The Supreme Court set aside the § 241 (6) finding but remanded for a new trial, and denied the motion regarding the § 200 claim. On appeal, the higher court reversed, finding the evidence insufficient to support the illumination violation and that any jury charge errors became irrelevant. Furthermore, the court found no evidence of defendant's supervisory control over plaintiff's work or notice of the dangerous condition, thus dismissing the Labor Law §§ 200 and 241 (6) claims against the defendant.

Construction AccidentFall from HeightLabor Law 200Labor Law 241 (6)CPLR 4404 (a)Jury VerdictProximate CauseSupervisory ControlNotice of Dangerous ConditionIndustrial Code 12 NYCRR 23-1.30
References
12
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
0
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
0
Case No. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
0
Case No. MISSING
Regular Panel Decision

People v. Gonzalez

The appellate court reversed a judgment from the Supreme Court, Bronx County, convicting the defendant of manslaughter in the second degree and sentencing him to an indeterminate term of imprisonment not to exceed five years. The reversal was based on an error during the sentencing process where the probation department interviewed the wrong individual, leading to inaccurate information being presented to and relied upon by the sentencing court. Despite counsel's attempts to highlight the error, the court proceeded with sentencing, influenced by the flawed report. The appellate court vacated the sentence and remanded the case for resentencing only, contingent on a proper probation investigation. A dissenting opinion argued for modifying the sentence to time served, citing the defendant's background, mitigating circumstances, and the two years already served.

Probation Report ErrorSentencing ErrorManslaughter Second DegreeAppellate ReviewSentence VacatedRemand for ResentencingJudicial DiscretionMisidentificationCriminal AppealMitigating Circumstances
References
0
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
1
Case No. ADJ1117454 (AHM 0147671)
Regular
Nov 08, 2019

LINDA KIEHLMEIER vs. CALIFORNIA EMERGENCY PHYSICIANS MEDICAL GROUP, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA, UNITED STATES FIRE INSURANCE COMPANY ADJUSTED BY CRUM & FORSTER

This Workers' Compensation Appeals Board (WCAB) case concerns a clerical error in the service date of a prior decision. The WCAB issued an Opinion and Order Correcting Clerical Error to amend the service date of a decision from October 8, 2019, to November 8, 2019. The Board has the authority to correct such errors without further proceedings. This correction is made pursuant to relevant legal precedent and practice guides.

WORKERS' COMPENSATION APPEALS BOARDLINDA KIEHLMEIERCALIFORNIA EMERGENCY PHYSICIANS MEDICAL GROUPTRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICAUNITED STATES FIRE INSURANCE COMPANYCRUM & FORSTERADJ1117454AHM 0147671Van Nuys District OfficeOPINION AND ORDER CORRECTING CLERICAL ERROR
References
2
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