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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

Ficken v. Vocational Education & Extension Board of Suffolk

The petitioner sought review of her employment termination as a secretary by the Vocational Education and Extension Board of the County of Suffolk (VEEB) and requested reinstatement with back pay. She argued that she was discharged without the procedural protections afforded to civil servants under Civil Service Law § 75. VEEB contended that the petitioner was not covered by these protections. The Supreme Court ruled in favor of the petitioner, directing her reinstatement and back pay. The appellate court affirmed this decision, holding that the petitioner's position, though designated 'unclassified' by Suffolk County, did not fit any category under Civil Service Law § 35, thus classifying it as 'classified' and entitling her to § 75 protections. The court emphasized that the petitioner could not be denied these rights until a proper classification was established.

Civil Service LawEmployment TerminationReinstatementBack PayUnclassified ServiceClassified ServiceCivil Servant RightsDue ProcessArticle 78 ProceedingSuffolk County
References
5
Case No. ADJ9025732
Regular
Apr 07, 2023

ALBERT MATA vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent total disability for the applicant, Albert Mata. The defendant argued that the applicant's vocational counselor's reports and medical reports did not constitute substantial evidence for total disability. However, the Board affirmed the Administrative Law Judge's decision, finding the vocational expert's opinions were substantial evidence, not based on speculation, and correctly applied California's 2005 Permanent Disability Rating Schedule for psychiatric impairments. Therefore, the Board concluded the applicant was precluded from vocational rehabilitation and participating in the labor force.

Permanent total disabilityPsychiatric injuryVocational Rehabilitation CounselorAmerican Medical Association GuidesGlobal Assessment of FunctioningPermanent Disability Rating ScheduleSubstantial evidencePetition for ReconsiderationAdministrative Law JudgeAgreed Medical Examiner
References
7
Case No. SAC 0315585
Regular
Sep 18, 2007

Bradley Dorigo vs. State of California, Subsequent Injuries Benefits Trust Fund

This case concerns the Subsequent Injuries Benefits Trust Fund's (SIF) liability for an applicant's vocational rehabilitation counselor fees. The Appeals Board affirmed a prior award requiring SIF to reimburse a portion of the vocational expert's fees, despite SIF's arguments that it was not liable for such costs. The Board cited prior writ-denied cases and relevant statutes, including Code of Civil Procedure section 1028 and Labor Code section 5708, to support its decision.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertLabor Code section 4751Compromise and releaseStipulated awardPermanent disabilityReimbursementWorkers' Compensation Appeals BoardAdministrative law judgeCode of Civil Procedure section 1028
References
3
Case No. ADJ9477887
Regular
Oct 29, 2025

Cynthia Hargerty vs. HealthNet, Inc.; Safety National Insurance

Applicant Cynthia Hargerty, a substance abuse counselor, sustained injuries in 2013 and settled her case for 27% permanent disability in 2018. She later petitioned to reopen, asserting her psychiatric injury was compensable under Labor Code section 4660.1(c) and that vocational reporting indicated total disability. The Workers' Compensation Appeals Board affirmed the WCJ's December 23, 2021 F&O, stating the prior finding on psychiatric injury non-compensability was final due to lack of appeal. The Board also deemed the vocational expert's opinion insufficient as it relied on psychiatric impairment statutorily barred and inadequately addressed non-industrial apportionment factors.

Workers' Compensation Appeals BoardCynthia HargertyHealthnet Inc.Safety National InsuranceADJ9477887Opinion and Decision After ReconsiderationPetition to ReopenScheduled RatingLabor Code Section 4660.1(c)Permanent Total Disability
References
8
Case No. MISSING
Regular Panel Decision

Claim of Wooding v. Nestle USA, Inc.

The claimant, who suffered a compensable injury to his left arm in 2003 while performing manual labor, appealed a decision from the Workers’ Compensation Board. The Board affirmed a Workers’ Compensation Law Judge's finding that the claimant had a schedule loss of use to his arm but did not have a total industrial disability. The claimant contended he was totally industrially disabled due to his injury coupled with his limited educational background and work history. While a vocational evaluation suggested the claimant could perform sedentary work, a vocational counselor disagreed, citing his age, education, and employment history. However, the court deferred to the Board's credibility determination, finding substantial evidence supported the finding of a schedule loss of use rather than a total industrial disability, thus affirming the Board’s decision.

Workers' CompensationIndustrial DisabilitySchedule Loss of UseVocational RehabilitationGainful EmploymentPermanent Partial DisabilityAppellate ReviewSubstantial EvidenceCredibility DeterminationSedentary Work
References
4
Case No. ADJ6413644
Regular
Apr 24, 2009

JANICE HOWELL vs. NATIONAL MENTOR HOLDINGS, dba COLE VOCATIONAL SERVICES, administered by ESIS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not taken from a final order determining substantive rights or liabilities. The petition also sought removal, which was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The underlying issues, such as an order compelling medical record production, are interlocutory procedural matters not subject to reconsideration. The Board adopted the WCJ's report and recommendation, denying both reconsideration and removal.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightRemovalWCJ Report and RecommendationStipulationsOrder Compelling Production of RecordsDiscovery ProcessPrivacy
References
11
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
4
Case No. MISSING
Regular Panel Decision

Soljan v. Bahou

Budgetary cutbacks in 1976 led to staff reductions in the Office of Drug Abuse Services (ODAS). Appellants then certified a preferred list of affected employees to fill vacancies, including Rehabilitation Counselor Trainee positions within the Department of Mental Hygiene. Petitioners initiated a CPLR article 78 proceeding, arguing that the inclusion of this title was arbitrary due to dissimilar job duties. Special Term agreed and annulled the determination. On appeal, the court affirmed the annulment, finding the job duties insufficiently comparable and the appellants' reasons for not ordering a civil service examination for provisional appointees unconvincing. However, the judgment was modified to reverse the directive that petitioner Soljan be continued in employment, recognizing that provisional appointees lack full civil service protection.

Civil Service LawPreferred ListRehabilitation Counselor TraineeBudget CutsStaff ReductionsJob ComparabilityCPLR Article 78Judicial Review ScopeProvisional AppointeesCivil Service Examination
References
4
Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270
Regular
Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

The Appeals Board granted reconsideration to allow reimbursement for the applicant's vocational expert fees, reversing the WCJ's decision. The Board found it reasonable for the applicant to hire his own vocational expert to rebut the defendant's expert, especially given the passage of time since the original vocational feasibility report. Consequently, the defendant was ordered to reimburse the applicant's attorney for the $1,075.00 vocational expert cost.

Workers' Compensation Appeals BoardReconsiderationExpert Witness FeesVocational ExpertLabor Code Section 5811Qualified Rehabilitation Representative (QRR)LeBoeuf argumentAgreed Medical Examination (AME)Permanent DisabilityIndustrial Injury
References
3
Case No. ADJ1329489 (MON 0256260)
Regular
Jun 08, 2011

CHAVA COHEN vs. SHERIDAN ASSISTED LIVING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded an order compelling payment of medical-legal expenses, and denied the applicant's petition. The Board found that the vocational rehabilitation counselor's testimony, intended to rebut the diminished future earning capacity (DFEC) adjustment factor under *Ogilvie*, was so deficient as to be incapable of affecting the applicant's permanent disability rating. Therefore, the costs of obtaining this testimony were deemed not recoverable.

Workers' Compensation Appeals BoardSheridan Assisted LivingState Compensation Insurance Fundmedical legal expenseJudie FogelOgilvievocational rehabilitation counselorpermanent disability ratingdiminished future earning capacityDFEC
References
2
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