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Case No. ADJ4695356 (LBO 0305933)

Regular

Feb 06, 2012

ABDALLAH SKANDER vs. PINKERTON SECURITY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied Applicant Abdallah Skander's Petition for Removal against Pinkerton Security. The Board adopted the WCJ's report, finding removal inappropriate. Crucially, discovery had not yet closed, and the recent lien conference did not trigger mandatory discovery closure under Labor Code section 5502(e)(3). Therefore, the petition was denied.

Petition for RemovalDENYING REMOVALworkers' compensation administrative law judgeWCJdiscovery closurelien conferenceMandatory Settlement ConferenceLabor Code section 5502(e)(3)proposed new lien hearing ruleWorkers' Compensation Appeals Board

References

Case No. 909 F.Supp.2d 196

Regular Panel Decision

Nov 09, 2012

Abdallah v. Napolitano

Plaintiff Jamel E. Ben Abdallah, a Tunisian immigrant and former Customs and Border Protection officer, sued defendant Janet Napolitano, Secretary of DHS, alleging discriminatory discharge in violation of Title VII. Plaintiff claimed he was targeted due to his national origin and religious upbringing after refusing to cooperate in an internal investigation. The court dismissed several claims as time-barred. The remaining disparate treatment claim was dismissed because, while a prima facie case was established, plaintiff failed to prove that the defendant's legitimate, non-discriminatory reason for termination (failure to cooperate) was a pretext for discrimination. Plaintiff's motion for reconsideration was subsequently denied.

Employment DiscriminationTitle VIIDisparate TreatmentSummary JudgmentAdministrative RemediesExhaustion of RemediesPretext for DiscriminationNational Origin DiscriminationReligious DiscriminationFederal Employee

References

Case No. MISSING

Regular Panel Decision

Aug 09, 2002

In Re the United States for Material Witness Warrant

This Opinion and Order addresses the Court's authority to investigate potential government misrepresentations in the case of Abdallah Higazy, a prospective grand jury witness. Higazy was detained as a material witness after a transceiver was allegedly found in his hotel room and he purportedly confessed during a polygraph test, both of which later proved false. The Court determined it lacked criminal contempt jurisdiction over the FBI agent's conduct but affirmed its inherent supervisory power to inquire into and publicize the truth of such misconduct. The Court ordered the Government to complete its internal investigation and report findings by October 31, 2002, while directing the unsealing of most case documents, subject to government-proposed redactions by August 9, 2002, to protect grand jury secrecy. The government's internal investigation reports were ordered to remain sealed.

Material WitnessGrand Jury InvestigationFBI MisconductFalse ConfessionJudicial Supervisory PowerCriminal ContemptUnsealing DocumentsGovernment MisrepresentationsPolygraph TestSeptember 11 Investigation

References

Case No. MISSING

Regular Panel Decision

May 05, 2000

Claim of Abdallah v. New York City Department of Transportation

The claimant was awarded workers' compensation benefits for an anxiety disorder resulting from continuous harassment at the New York City Department of Transportation. The employer appealed, arguing insufficient evidence for an accident and lack of credible medical testimony. The claimant testified to being subjected to retaliatory harassment for six years after reporting corruption, leading to a transfer to the night shift and subsequent onset of physical and psychological symptoms, diagnosed as an anxiety disorder. The Workers’ Compensation Board found that the harassment constituted unusual environmental conditions causing an accidental injury and accepted the claimant's expert medical testimony linking the psychic disability to the work-related injury. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence, despite conflicting medical opinions.

Workers' CompensationHarassmentRetaliationWhistleblowingAnxiety DisorderPsychic InjuryCausationExpert TestimonySubstantial EvidenceAppellate Review

References

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ABDALLAH SKANDER vs. PINKERTON SECURITY, BROADSPIRE SERVICES

Abdallah v. Napolitano

In Re the United States for Material Witness Warrant

Claim of Abdallah v. New York City Department of Transportation

Workers' CompensationHarassmentRetaliationWhistleblowingAnxiety DisorderPsychic InjuryCausationExpert TestimonySubstantial EvidenceAppellate Review