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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
15
Case No. ADJ6762572
Regular
Jun 13, 2011

Gloria O'Donnel vs. LG ENTERPRISES, INC.

The applicant, Gloria O'Donnel, sought reconsideration or removal of an order setting her case for trial, arguing that a trial on the defendant's dismissal petition was unnecessary due to her fraud conviction only impacting temporary disability benefits, which she was not claiming. The Appeals Board dismissed the petition for reconsideration because the order setting the trial was not a final order. Furthermore, the Board denied the petition for removal, finding no showing of prejudice or irreparable harm to the applicant. The matter was therefore set for trial on the defendant's petition to dismiss the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation FraudTemporary Total Disability IndemnityFinal OrderAdministrative Law JudgeSubstantive RightsIrreparable InjuryExtraordinary Remedy
References
2
Case No. ADJ9194220 (MF) ADJ9194223
Regular
Feb 11, 2016

ALBERT BERNAL vs. ALLFAST FASTENING SYSTEMS, INC.

This case concerns an applicant's petition for removal from an order setting two workers' compensation cases for trial. The applicant argued the trial was improperly set due to timely objections, ongoing treatment, and defective readiness declarations, asserting prejudice. The WCJ's report recommended granting removal, acknowledging a need to review medical reports before setting trial. The Appeals Board granted removal, cancelled the trial, and ordered a new mandatory settlement conference to allow the judge to consider all evidence and arguments before deciding on a trial date.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedPermanent and StationaryPsychiatric InjuryOrthopedic InjuriesPrimary Treating PhysicianWorkers' Compensation Appeals BoardAdministrative Law JudgeTrial Exhibits
References
0
Case No. ADJ8150716
Regular
Apr 29, 2013

CHRIS ARCE vs. PACIFIC BELL TELEPHONE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order setting trial was interlocutory, not final. The WCAB granted removal of the order, finding applicant was denied due process by lack of notice for a status conference. Consequently, the WCAB rescinded the order setting trial and substituted an order converting the trial date to a mandatory settlement conference. This decision aims to address potential prejudice to the applicant and promote judicial economy.

Workers Compensation Appeals BoardPacific Bell Telephone CompanySedgwick CMSADJ8150716Supplemental Petition for ReconsiderationDeclaration of Readiness to ProceedWCJ OrderThird Party CreditDue ProcessMandatory Settlement Conference
References
11
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. ADJ7055920, ADJ7055918
Regular
Jun 22, 2011

SERGIO CORRALES vs. AVIS RENT-A-CAR, AMERICAN CASUALTY COMPANY OF PA, CNA CLAIMPLUS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied his petition for removal. The applicant argued the WCJ erred by setting the case for trial based on a defective declaration of readiness and claimed denial of due process. The WCAB found that an order setting a case for trial is not a final order, thus not subject to reconsideration, and denied removal as the applicant failed to show substantial prejudice or irreparable harm. The WCAB also cautioned applicant's counsel regarding the frivolous nature of challenging a trial setting via reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedDue ProcessSubstantial PrejudiceIrreparable HarmMedical Provider Network (MPN)Permanent and Stationary Status
References
14
Case No. LBO 381709
Regular
Mar 11, 2008

ANGELA POPS vs. WELLS FARGO & COMPANY, SPECIALTY RISK SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board (WCAB) dismissed Wells Fargo's petition for reconsideration because it was not taken from a final order, but rather from a procedural order setting a case for trial. The WCAB also denied Wells Fargo's petition for removal, finding that they failed to demonstrate significant prejudice or irreparable harm from the trial setting, especially since their failure to appear at the mandatory settlement conference was due to institutional neglect. The Board emphasized that the WCJ followed proper procedure by setting the case for trial after the defendant's no-show and that discovery could still be pursued if needed.

Mandatory Settlement ConferencePetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderDue ProcessSignificant PrejudiceIrreparable HarmMedical LeaveInstitutional Neglect
References
12
Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
0
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