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

Case No. MISSING
Regular Panel Decision

People v. Perico

This case addresses the defendants' Perico and Andriano's motion to dismiss an information. The defendants argued that the prosecution for Workers' Compensation Law §§ 50 and 52 violations was untimely, having been filed two years and two days after the alleged misdemeanor, exceeding the two-year statute of limitations for misdemeanors. They also contended the information was insufficient due to the absence of certified Workers' Compensation Board awards. The People opposed, arguing the statute of limitations defense was waived for not being raised within pretrial motion deadlines. The court held that the Statute of Limitations defense is a jurisdictional right, waivable only at trial or upon a guilty plea, not automatically by CPL 255.20's time limits. Furthermore, the court found the information fatally defective due to the lack of prima facie evidence. Consequently, the information against both defendants was dismissed.

Criminal ProcedureStatute of LimitationsDismissalAccusatory InstrumentInformation InsufficiencyWaiverJurisdictional RightMisdemeanorPretrial MotionsPlea of Guilty
References
11
Case No. SBR 0331312
Regular
Feb 19, 2008

ROBERT C. DAVIS vs. L-3 COMMUNICATIONS CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, overturning the WCJ's award of temporary disability indemnity beyond the statutory two-year limit. The Board held that Labor Code section 4656(c)(1) strictly limits temporary disability payments to 104 weeks within a two-year period from the initial payment date. Although the employer's utilization review practices arguably delayed treatment, the Board found no legal justification for extending payments past the two-year cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityLabor Code Section 4656(c)(1)Two-Year Limit104 Compensable WeeksCommencement of PaymentAgreed Medical Evaluator (AME)Utilization Review (UR)Epidural Injections
References
4
Case No. MON 0333042 MON 0333043
Regular
May 01, 2008

JOSE LUIS CASTANEDA vs. SAMY'S CAMERA, INC., ZENITH INSURANCE COMPANY

This case concerns applicant Jose Luis Castaneda's claim for temporary disability benefits following two work-related injuries from Samy's Camera, Inc. The Appeals Board affirmed a prior award limiting temporary disability to two years from commencement, finding that concurrent injuries result in a concurrent application of the two-year cap under Labor Code section 4656(c)(1). This decision aligns with the appellate court's ruling in *Foster v. Workers' Comp. Appeals Bd.*, which held that the 104-week/2-year limitation runs concurrently when independent injuries cause simultaneous temporary disability.

Labor Code section 4656temporary disability indemnitypetition for reconsiderationtwo-year capFoster v. Workers' Comp. Appeals Bd.aggregate disability paymentsconcurrent periodsspecific injurycumulative injuryWCJ
References
1
Case No. CV-24-1581
Regular Panel Decision
Feb 05, 2026

Matter of Foster v. Monadnock Constr. Inc.

Claimant, a laborer, was injured in May 2020 when a ladder struck him in the face. The employer and carrier accepted liability for facial injuries. In 2023, claimant's physicians sought authorization for treatment of traumatic brain injury and other conditions, which the carrier declined, arguing the claim was barred by the two-year limitations period under Workers' Compensation Law § 28. The Workers' Compensation Board disagreed, finding that it had received sufficient notice of the claim within two years of the accident due to prompt notification and submission of medical records. The Appellate Division, Third Department, affirmed the Board's decision, holding that the medical records documenting claimant's symptoms constituted sufficient notice, and the two-year limit does not bar amendment of a timely claim to include consequential injuries.

Workers' CompensationStatute of LimitationsTraumatic Brain InjuryPost-Concussion SyndromeNotice of ClaimMedical RecordsTimely FilingConsequential InjuriesAppellate ReviewBoard Decision
References
8
Case No. LAO 0854791, LAO 0854792
Regular
Sep 12, 2007

JOSE GONZALO VASQUEZ vs. CITY OF PASADENA, legally uninsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding that Labor Code section 4656(c)(1) limits temporary disability indemnity to 104 compensable weeks within a two-year period. The Board determined that since the applicant sustained two injuries to the same body part less than two weeks apart, and temporary disability began after the second injury, the two-year limitation runs concurrently for both, not consecutively. Therefore, the applicant is not entitled to double the maximum temporary disability period.

Workers Compensation Appeals BoardCity of Pasadenalegally uninsuredindustrial injuryright shoulderneckmaintenance public workertemporary disabilityLabor Code section 4656(c)(1)104 compensable weeks
References
1
Case No. MISSING
Regular Panel Decision
Mar 30, 1981

Safeco Insurance Co. of America v. Jamaica Water Supply Co.

An unnamed insurance carrier, as plaintiff, sued an unnamed defendant to recover first-party benefits paid to its insured, Leon Morris, following a 1977 accident. The defendant sought to dismiss the complaint, citing the three-year Statute of Limitations (CPLR 214) from the accident date. Special Term denied this motion, arguing a two-year toll under Insurance Law § 673 (2). The Appellate Division affirmed the denial but on different grounds. The court ruled that Insurance Law § 673 (2) creates an independent cause of action for the insurer, distinct from subrogation. Consequently, the three-year limitation period accrues not from the accident itself, but from the point the insurer became entitled to sue, specifically, two years after the insured failed to sue for first-party benefits. Thus, the insurer's action was deemed timely.

Statute of LimitationsInsurance Law § 673 (2)CPLR 214No-Fault BenefitsCause of Action AccrualStatutory LiabilityInsurance Carrier ActionAppellate ReviewArbitration DecisionPersonal Injury Litigation
References
15
Case No. MISSING
Regular Panel Decision
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. OAK 0311431
Regular
Nov 30, 2007

JESUS GUERRERO vs. HERTZ HEAVY EQUIPMENT RENTAL, SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award of temporary disability indemnity beyond two years from the initial payment. The Board held that Labor Code section 4656(c)(1) strictly limits temporary disability payments to 104 weeks within a two-year period from the commencement of such payments. Therefore, the applicant's claim for benefits commencing in 2007 was barred, as the two-year window from his 2004 injury had already expired.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodcommencement of temporary disability paymentPetition for ReconsiderationFindings of Fact and Awardrescindstipulatedindustrial injury
References
6
Case No. GOL 98805
Regular
Aug 14, 2007

ILDELISA VARGAS vs. NATURE'S WEST, HORTICA INSURANCE COMPANY

This case involves a dispute over the duration of temporary disability indemnity payments. The Appeals Board granted reconsideration to address the defendant's contention that the claimant was improperly awarded temporary disability payments beyond the two-year statutory limit. The Board rescinded the prior award and remanded the case to determine the initial date of temporary disability payments, clarifying that the two-year/104-week limit begins from the defendant's first payment, not subsequent intermittent ones.

WCABReconsiderationTemporary Disability104 weekstwo-year limitLabor Code § 4656(c)(1)Hawkins v. Amberwood ProductsHamilton v. Lockheed Corp.WCAB Rule 10566(c)commencement of temporary disability payment
References
2
Case No. STK 195467
Regular
Aug 13, 2007

Jason Becht vs. Manpower, Inc. / Bunge North America, ACE American Insurance, Cambridge Integrated Services

This case concerns whether an applicant is entitled to further temporary disability indemnity payments after exhausting the 104-week limit within two years under Labor Code § 4656(c)(1). The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings, requiring a determination of the actual date temporary disability payments first commenced. The Board ruled that weeks worked do not extend the two-year limit and that it lacks jurisdiction to address constitutional challenges to the statute.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code Section 4656(c)(1)Compensable Weeks LimitDate of CommencementEstoppelMedical Treatment DelayUnconstitutional StatuteJurisdictionEn Banc Decision
References
5
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