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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ3135090 (SAC 0355157) ADJ6834808
Regular
Sep 12, 2019

GUY LEE vs. UOP/MCGEORGE SCHOOL OF LAW, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the WCJ's decision denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant's prior stipulation dismissing claims for sleep disturbance, sexual dysfunction, and psychiatric injury bound him from pursuing these for SIBTF benefits. Even without those dismissals, applicant's permanent disability rating for the subsequent injury, after adjustments, did not meet the 35% threshold required for SIBTF eligibility. The WCJ's finding that the industrial injury was not the predominant cause of the claimed psychiatric injury also contributed to the denial.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent partial disabilitystipulated dismissalpredominant causepsychiatric injurybilateral carpal tunneldiminished future earning capacityWCJWorkers' Compensation Appeals Board
References
4
Case No. ADJ401657
Regular
Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's Findings and Orders (F&O) in the case of Roberto Duran against Foto-Kem Industries. The WCJ had previously found the defendant bound by stipulations of cumulative injury, but the Appeals Board ruled these stipulations unenforceable. After reviewing the Agreed Medical Evaluator (AME) Dr. Siebold's reports, the Board found his opinion constituted substantial evidence. Consequently, the Appeals Board rescinded the prior F&O and substituted a new F&O, finding that the applicant sustained cumulative injury to his cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee during his employment from January 1, 1995, through June 28, 2007.

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside
References
0
Case No. MISSING
Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability
References
3
Case No. ADJ12096808
Regular
2020-01-33

LARRY REASNER vs. CASEY JOHNSON, dba ROCKIN CJ TRANSPORT COMMERCE & INDUSTRY INSURANCE COMPANY, AIG; NEW YORK MARINE AND GENERAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by Commerce and Industry Insurance Company regarding an order to proceed to trial on an injury AOE/COE. The dispute arises from a prior Stipulated Award between the applicant and New York Marine and General Insurance Company for a cumulative trauma injury. Commerce and Industry argues that its contribution claim against New York Marine is subject to mandatory arbitration under Labor Code section 5500.5. The Appeals Board granted removal, rescinded the trial order, and found that the inter-insurer dispute over contribution must be arbitrated, as the applicant is not involved in this separate proceeding.

Petition for RemovalStipulated AwardCumulative TraumaPetition for ContributionMandatory ArbitrationLabor Code Section 5500.5Successive EmployersInsurers Jointly and Severally LiableContribution ProceedingsDe Novo
References
4
Case No. ADJ2697898
Regular
Mar 06, 2013

ROBERT WALKER vs. SISKIYOU FOREST PRODUCTS, STATE COMPENSATION INSURANCE FUND, THE SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.

Subsequent Injuries Benefit Trust FundPermanent DisabilityApportionmentLabor Code Section 4751Industrial InjuryPre-existing DisabilityLabor-DisablingOpposite and Corresponding MemberCommutation of BenefitsVocational Expert
References
3
Case No. MISSING
Regular Panel Decision
Aug 06, 1985

In Re Roblin Industries, Inc.

Roblin Industries, Inc., a Chapter 11 debtor, sought final court approval for a $12 million interim financing stipulation with Marine Midland Bank and Chemical Bank. United States Trust Company of New York, representing subordinated debenture holders, and other unsecured creditors objected to several key provisions, including a blanket waiver of potential claims against the banks, a stipulation of perfected security interests, cross-collateralization, and a super-priority for the lenders. The court found the waiver of rights and the pre-adjudication of lien validity to be inappropriate, as they could undermine the debtor's avoidance powers and circumvent adversary proceedings. Despite acknowledging the debtor's immediate need for funds and the difficulty in securing alternative financing, the court ultimately denied final approval of the proposed financing order. The existing interim financing protections were extended for a brief period to allow for a potential appeal.

Chapter 11 BankruptcyDebtor-in-Possession FinancingInterim Financing OrderCross-CollateralizationSuper-Priority LienCreditor ObjectionsWaiver of DefensesAvoidance PowersSecured DebtUnsecured Debt
References
17
Case No. ADJ1970560 (OAK 0344240)
Regular
Mar 09, 2016

VAZGEN MANAS vs. THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a credit sought by the Subsequent Injuries Benefits Trust Fund (SIBTF) for permanent disability advances paid to the applicant. The SIBTF argued that its liability for combined permanent disability should be calculated under Labor Code section 4751, which limits liability to the difference between the combined disability and the disability from the subsequent injury alone. The Workers' Compensation Appeals Board agreed, reversing the prior finding that allowed a credit under section 4753 for the employer's payments. The Board clarified that section 4753 applies to payments for preexisting disability, not the subsequent industrial injury, and thus SIBTF's credit is limited by section 4751.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Labor Code section 4753permanent disability advancespreexisting permanent disabilitysubsequent industrial injurycombined permanent disabilitycreditWCJFindings of Fact
References
6
Case No. ADJ6866226
Regular
Sep 08, 2014

Patrick Vigil vs. Clars Estate Auction Gallery, First Comp Insurance

The Appeals Board granted reconsideration to correct a clerical error, rescinding the WCJ's finding of no industrial injury. While the parties had stipulated to injury AOE/COE and settled the claim, the WCJ erroneously found otherwise. However, the Board upheld the WCJ's finding that the applicant failed to establish a violation of Labor Code section 132a. Ultimately, the applicant takes nothing on his section 132a claim, but the industrial injury finding is reinstated based on the prior stipulation.

Workers' Compensation Appeals BoardADJ6866226Patrick VigilCLARS Estate Auction GalleryFIRST COMP INSURANCEPetition for ReconsiderationFindings and OrderInjury AOE/COELabor Code Section 132aViolation of 132a
References
8
Case No. MISSING
Regular Panel Decision
Apr 11, 2003

Coku v. Millar Elevator Industries, Inc.

The plaintiffs appealed a judgment dismissing their complaint against Millar Elevator Industries, Inc. The injured plaintiff, a maintenance worker, allegedly sustained injuries when he fell from a stepladder in a service elevator that suddenly dropped. The trial court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur, despite the plaintiffs establishing the necessary elements (event ordinarily indicating negligence, defendant's exclusive control, and no plaintiff contribution). Consequently, the appellate court reversed the judgment, reinstated the complaint, and granted the plaintiffs a new trial against Millar Elevator Industries, Inc. Additionally, testimony regarding an experiment with the stepladder was deemed inadmissible for the new trial.

Personal InjuryNegligenceRes Ipsa LoquiturElevator AccidentStepladder FallJury InstructionsExclusive ControlNew TrialAdmissibility of EvidenceAppellate Procedure
References
4
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