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Case No. AHM 0102872 AHM 0102916

Regular

Feb 08, 2007

AMPHAVANH SOYINTHISANE vs. SHURFLO PUMP MANUFACTURING COMPANY, ZURICH NORTH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was filed on May 18, 2007, which was over two months past the statutory deadline of March 5, 2007. This deadline was calculated based on the February 8, 2007, Joint Findings and Order being properly served by mail to the lien claimant. The Board presumed service was valid, even without the claimant's acknowledgment, based on official record notations and Evidence Code section 664.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings and OrderWCJUntimely FilingService by MailPresumption of ServiceOfficial Address RecordJurisdictional Limit

References

Case No. MISSING

Regular Panel Decision

Calore v. Powell-Savory Corp.

Raymond Galore, acting individually and as president of an AFL-CIO local union, appealed a libel action where the Supreme Court, Westchester County, had dismissed his entire complaint. The appellate court reviewed the dismissal, specifically focusing on the first cause of action which alleged anti-Negro discrimination by Union Local 664. The court reversed the lower court's order and judgment regarding the first cause of action, denying the defendants’ motion to dismiss this part of the complaint. It was determined that falsely charging a labor union with anti-Negro discrimination is libelous per se, especially considering the prevailing public sentiment at the time. The action was severed as to the first cause of action, and defendants were granted additional time to serve answers.

libeldefamationdiscriminationlabor unionAFL-CIOappellate reviewmotion to dismisslibel per serepresentative capacityunion president

References

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AMPHAVANH SOYINTHISANE vs. SHURFLO PUMP MANUFACTURING COMPANY, ZURICH NORTH AMERICAN INSURANCE COMPANY

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings and OrderWCJUntimely FilingService by MailPresumption of ServiceOfficial Address RecordJurisdictional Limit

Calore v. Powell-Savory Corp.

libeldefamationdiscriminationlabor unionAFL-CIOappellate reviewmotion to dismisslibel per serepresentative capacityunion president