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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

Drake Bakeries Inc. v. Local 50, American Bakery & Confectionery Workers International

Plaintiff Drake Bakeries, Incorporated, initiated a lawsuit to recover damages for an alleged breach of a "no-strike provision" within a collective bargaining agreement, pursuant to Section 301(a) of the Labor-Management Relations Act. The defendant subsequently filed a motion to stay the trial, seeking to compel arbitration as outlined in the collective bargaining agreement and permitted by the United States Arbitration Act. The plaintiff opposed this motion, arguing that the arbitration provision was permissive, that the union waived its arbitration rights by striking, and that the defendants had waived their rights by failing to initiate arbitration. The Court, however, found no merit in the plaintiff's arguments, concluding that the arbitration provisions were mandatory, a breach of contract does not automatically waive arbitration rights, and the defendants did not waive their rights since the plaintiff, as the aggrieved party, had not attempted to initiate arbitration. Consequently, the Court enforced the arbitration agreement and granted the defendant's motion to stay further proceedings in the suit.

ArbitrationCollective Bargaining AgreementNo-Strike ClauseStay of ProceedingsLabor-Management Relations ActUnited States Arbitration ActContract EnforcementWaiverGrievance ProcedureMandatory Arbitration
References
4
Case No. SJO 0245864, SJO 0245865, SJO 0245866
Regular
Jul 14, 2008

ANITA REXINGER vs. ELECTROLUX CORPORATION, WAUSAU INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found that the applicant waived the jurisdictional argument regarding the Rehabilitation Unit's determination by not raising it at trial. The applicant's arguments regarding the interpretation of *Gamble* were also rejected, though the Board noted a pending Supreme Court review in a similar case that may impact future proceedings.

Workers' Compensation Appeals BoardElectrolux CorporationWausau Insurance CompaniesVocational Rehabilitation Temporary Disability (VRTD)concurrent employmentDetermination of the Rehabilitation UnitLabor Code section 5804Gamble v. Workers' Comp. Appeals Bd.Medrano v. Workers' Comp. Appeals Bd.writ of review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Fritts v. Kendall Refining Co.

Claimant sustained a right elbow injury in New York in 1975 while working for Kendall Refining Company. Workers' compensation benefits were paid under Pennsylvania law. In 1980, the claimant filed for benefits in New York. A Workers' Compensation Law Judge initially found that an advance payment waived the two-year Statute of Limitations, but the Workers' Compensation Board reversed this, deeming the claim time-barred. The appellate court affirmed the Board's decision, ruling that payments made under the official award of another jurisdiction with the claimant's knowing participation do not waive the New York Statute of Limitations. The court also rejected the argument that the employer improperly channeled the claim to Pennsylvania, noting the claimant's application, work location, and medical treatment in Pennsylvania.

Workers' CompensationStatute of LimitationsAdvance PaymentPennsylvania LawNew York LawInterjurisdictional ClaimWaiver DefenseAppellate DivisionJurisdictionConflict of Laws
References
4
Case No. MISSING
Regular Panel Decision

Silverman v. Carvel Corp.

Plaintiff Walter Silverman commenced an action against Carvel Corporation, alleging contractual and tort claims stemming from a franchise agreement that expired in October 1999. Silverman claimed lost profits due to Carvel's new supermarket distribution program, which allowed its products to be sold in outlets other than franchised stores like his. Carvel moved to dismiss the complaint for improper venue, citing a forum selection clause in the agreement that stipulated actions against Carvel by a licensee must be brought in the Supreme Court of New York in Westchester County. Silverman challenged the clause's enforceability due to alleged lack of mutuality and argued Carvel had waived its right to enforce it through actions in prior, unrelated litigation. The court rejected both of Silverman's arguments, finding the forum selection clause enforceable and the waiver argument unsubstantiated. Consequently, the motion to dismiss was granted, and the complaint was dismissed without prejudice, directing Silverman to refile in the specified state court.

Franchise AgreementForum Selection ClauseBreach of ContractTortious InterferenceImproper VenueMutualityWaiverFederal JurisdictionDiversity of CitizenshipContract Law
References
34
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. ADJ1788291 (VNO 0458582) ADJ2269101 (VNO 0560067)
Regular
Dec 23, 2003

IRIS VENTURA vs. EMCO, STATE COMPENSATION INSURANCE FUND, SEABRIGHT INSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCATION, on behalf of SUPERIOR NATIONAL INSURANCE CO., in liquidation

Reconsideration denied for reimbursement of benefits paid by CIGA to applicant for admitted industrial injuries. SCIF's arguments regarding arbitration, final judgment, and statute of limitations were waived.

Workers' Compensation Appeals BoardReconsiderationRemovalCalifornia Insurance Guarantee Association (CIGA)Superior National Insurance CompanyInsolvencyCovered ClaimsOther InsuranceReimbursementState Compensation Insurance Fund (SCIF)
References
6
Case No. ADJ3710239 (STK 0117595)
Regular
Feb 26, 2010

GODFREY J. GARCIA vs. STATE OF CALIFORNIA, NORTHERN CALIFORNIA WOMEN'S FACILITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming a prior decision that awarded a lien claimant \$250 for legal services. The Board found the lien claimant waived several arguments by failing to raise them in prior petitions and that a WCJ's prior actions were within jurisdictional limits. However, the Board amended the decision to defer the issue of sanctions.

WORKERS' COMPENSATION APPEALS BOARDLien claimantFindings and OrderLabor Code section 5813correctional officercumulative injurypermanent disabilitystipulated Findings and AwardCompromise and ReleaseOrder Approving Compromise and Release
References
0
Case No. ADJ8115072
Regular
Jan 23, 2023

MIGUEL HUITRON vs. GREEN WASTE RECOVERY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn an award of penalties, arguing it was barred by a two-year statute of limitations under Labor Code section 5814(g). The WCJ found this argument was an affirmative defense that was waived because it was not raised until the petition for reconsideration, not during trial or prior proceedings. Therefore, the Board adopted the WCJ's report and denied the petition.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYING RECONSIDERATIONLABOR CODE SECTION 5814LABOR CODE SECTION 5814(g)2-YEAR STATUTE OF LIMITATIONSAFFIRMATIVE DEFENSEWAIVER OF DEFENSEFINDINGS AND AWARDAUDJORY ADMINISTRATIVE LAW JUDGE
References
2
Case No. ADJ1687161
Regular
Jul 03, 2009

ERIKA BENITEZ vs. ALFA LEISURE, INC., SCIF INSURED RIVERSIDE

This Workers' Compensation Appeals Board order denies reconsideration of a decision. The denial is based on the lien claimant's failure to verify their petition and its lack of specificity regarding evidence and legal arguments. The Board also notes the lien claimant waived the issue of industrial injury to the psyche by not disputing the finding. Ultimately, the Board found the petition insufficient to demonstrate error by the Administrative Law Judge.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationIndustrial InjuryPsycheLien ClaimantMedical-Legal CostsVerified PetitionSkeletal PetitionMaterial EvidenceSpecific References
References
0
Case No. SRO 0067126
Regular
Jan 28, 2008

PATRICK LEAHY vs. FREDERICK MEISWINKEL, INC., MARYLAND CASUALTY COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CALIFORNIA COMPENSATION AND FIRE COMPANY

The Workers' Compensation Appeals Board denied Maryland Casualty Company's (Maryland) petition for reconsideration, upholding an arbitrator's order requiring Maryland to reimburse CIGA for workers' compensation benefits paid to an injured employee. The Board found Maryland waived its objections regarding joinder and the date of injury by entering into a stipulation with CIGA. Furthermore, Maryland's argument for a summary of evidence was dismissed as no testimony was presented.

Workers' Compensation Appeals BoardFrederick MeiswinkelInc.Maryland Casualty CompanyCalifornia Insurance Guarantee AssociationCalifornia Compensation and Fire CompanyCIGAcovered claimsreimbursementcontribution
References
4
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