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

Case No. ADJ8766908
Regular
Aug 01, 2025

GERARDO MEDEROS vs. AG FORCE, LLC; CALIFORNIA FARM MANAGEMENT SELF INSURED GROUP

This case involves Gerardo Mederos, the applicant, and defendants AG Force, LLC, and California Farm Management Self Insured Group, administered by Intercare. The cost petitioner, Supreme Copy Service, sought removal or reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) order that deemed its notice of representation defective and took the lien trial off calendar. The Appeals Board ultimately dismissed the petition for reconsideration, granted the petition for removal, and rescinded the WCJ's April 30, 2025 order. The Board found that Supreme Copy Service's notice of representation complied with WCAB Rule 10401 and returned the matter to the trial level for further proceedings.

RemovalReconsiderationNotice of RepresentationWCAB Rule 10401Non-attorney representativeLien trialAdjudication NumberInterlocutory orderFinal orderLabor Code Section 5909
References
6
Case No. ADJ8586896
Regular
Dec 27, 2017

, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

This case concerns a deceased laborer, Jose Benitez, whose widow claimed his death from cellulitis resulted from an insect bite sustained while working for AG Force, LLC. Despite the lack of direct witnesses, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB found that the Administrative Law Judge's (ALJ) determination of industrial causation was supported by the credible testimony of the applicant's wife and medical reports. The Board emphasized the "reasonable probability" standard for industrial causation and gave deference to the ALJ's credibility findings.

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician
References
4
Case No. 2021 NY Slip Op 03540
Regular Panel Decision
Jun 08, 2021

Agli v. 21 E. 90 Apts. Corp.

Michael Agli, Jr. was injured while attempting to lower a 500-pound steel bedplate down an exterior flight of stairs, alleging lack of hoisting equipment and a coworker's error led to him slipping on debris. The Supreme Court granted Agli summary judgment on his Labor Law § 240 (1) claim and denied defendants' motion to dismiss Labor Law §§ 200 and 241 (6) and common-law negligence claims. The Appellate Division, First Department, affirmed this order. The court found no material contradictions in the testimony regarding the accident and determined that issues of fact persisted regarding the defendants' control over work methods and premises conditions.

Summary JudgmentLabor LawPersonal InjuryConstruction AccidentPremises LiabilityAppellate ReviewAffirmed DecisionDuty of CareHazardous ConditionsEquipment Safety
References
8
Case No. MISSING
Regular Panel Decision
Nov 06, 2003

Nikko Asset Management Co. v. UBS AG, UBS Warburg (Japan), Ltd.

Plaintiffs, Nikko Asset Management Co., Ltd., MMF, and HMMF (collectively 'Nikko'), sued defendants, UBS AG and its subsidiaries ('UBS'), alleging violations of federal securities laws and tort claims. Nikko accused UBS of fraudulently selling credit-linked notes (CLNs) in Japan without disclosing critical information about Enron Corporation's financial instability, knowledge UBS allegedly gained through its U.S. dealings with Enron. The core issue was whether U.S. federal securities laws applied to these predominantly foreign transactions. The court granted UBS's motion to dismiss for lack of subject matter jurisdiction, concluding that the alleged U.S. conduct was merely preparatory and did not directly cause the plaintiffs' losses from the Japanese transactions, thus failing both the 'effects test' and the 'conduct test'.

Securities FraudCredit-Linked NotesSubject Matter JurisdictionForeign TransactionsEnron ScandalConduct TestEffects TestMotion to DismissInvestment BankingInternational Law
References
49
Case No. MISSING
Regular Panel Decision

Liquidation Trust v. Daimler AG (In Re Old Carco LLC)

This opinion addresses the motion by Daimler AG and its subsidiaries (the "Daimler Entities") to dismiss the First Amended Complaint filed by the Liquidation Trust of Old CarCo LLC. The Trust's complaint alleges that Daimler orchestrated fraudulent conveyances by stripping assets from CarCo through a complex restructuring prior to selling a controlling interest to Cerberus Capital Management LP. Chief Judge Arthur J. Gonzalez concludes that the restructuring and subsequent sale constituted a single integrated transaction, and the complaint failed to adequately account for all value received by CarCo. Consequently, the court dismisses certain constructive fraud claims (Counts I, II, III, IX, X) without prejudice, allowing for repleading to clarify consideration and insolvency, while dismissing intentional fraud claims (Counts V, VI) and one constructive fraud claim (Count IV) with prejudice due to insufficient particularized facts.

Fraudulent ConveyanceMotion to DismissBankruptcy Adversary ProceedingAsset StrippingCorporate RestructuringIntegrated Transaction DoctrineConsideration ValuationInsolvency AnalysisPleading StandardsInsider Preference
References
46
Case No. MISSING
Regular Panel Decision

In Re the Application of Lakah

Petitioners Ramy and Michel Lakah moved for a preliminary injunction to halt arbitration proceedings against them in the case of UBS AG, et al. v. Lakah Funding Ltd, et al. They contended they were not parties to the arbitration agreements, with Michel Lakah being a non-signatory and Ramy Lakah having signed only on behalf of the Issuer and guarantors, not personally. Citing Supreme Court precedent, the court affirmed that the question of whether parties agreed to arbitrate is a judicial matter, not for arbitrators, unless explicitly provided otherwise. The court determined that forcing the Lakahs to litigate arbitrability before an unauthorized body would cause irreparable harm. Consequently, the motion for a preliminary injunction was granted, enjoining respondents from pursuing arbitration on the question of the Lakahs' obligation to arbitrate.

Preliminary InjunctionArbitration AgreementArbitrabilityJurisdictionPiercing the Corporate VeilFederal CourtDistrict CourtStay of ArbitrationIrreparable HarmMotion Granted
References
5
Case No. ADJ7903870
Regular
May 13, 2013

JUDITH FIGUEROA vs. AG FORCE, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision. The Board adopted the WCJ's report, which found that the lien claimant failed to establish the employer neglected to provide required notice of rights under the Medical Provider Network (MPN). Consequently, the reasonableness and necessity of the lien claimant's medical treatment became moot. The primary issue focused on the validity of the MPN and the employer's medical control, not the treatment itself.

WCABAG FORCEINTERCARE INSURANCE SERVICESADJ7903870DENY RECONSIDERATIONMPNMEDICAL TREATMENTLIEN CLAIMANTKNIGHT V. UNITED PARCEL SERVICEWCJ REPORT
References
1
Case No. MISSING
Regular Panel Decision

Krasner v. HSH NORDBANK AG

Plaintiff David Krasner sued his former employer, HSH Nordbank AG, and supervisor, Roland Kiser, alleging sexual discrimination and retaliation under Title VII, NYSHRL, and NYCHRL, along with state law claims for breach of contract and unpaid bonus. Krasner claimed a hostile work environment due to widespread sexual favoritism, Kiser's alleged affair with a subordinate (Melissa Campfield), and Kiser's sexually offensive conduct. The court dismissed the Title VII discrimination claim, ruling that Krasner was not discriminated against based on his sex, but rather because Kiser preferred his paramour, which is not prohibited by Title VII. The retaliation claim was also dismissed because Krasner's internal complaints focused on ethics violations and departmental issues, not gender discrimination, meaning HSH was not reasonably aware of a protected activity. Given the dismissal of all federal claims, the court declined supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

sexual discriminationretaliationhostile work environmentparamour preferenceTitle VIINYSHRLNYCHRLmotion to dismissfederal civil procedureprotected activity
References
49
Case No. ADJ10002383
Regular
Jul 27, 2017

JAIME RUEDA vs. AG FORCE, CALIFORNIA FARM MANAGEMENT, INC., INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was based on allegations of mutual mistake of fact that lacked supporting evidence. While the petition was timely filed, the Board found insufficient evidence to grant relief from the Stipulations with Request for Award. The Board recommended the applicant's petition be treated as a petition to set aside, requiring a hearing for the applicant to present proof. Therefore, the Board dismissed the reconsideration petition as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardMutual Mistake of FactEarningsPeriod of IndemnityIndemnity RatesCausationLeft KneeEDD Lien
References
13
Case No. ADJ9932360
Regular
Feb 25, 2018

MAXIMILIANO MORA CORZA vs. BELLA VINEYARD AG SERVICES, INC., STAR INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to multiple body parts. The defendant, Bella Vineyard AG Services, Inc., sought to bifurcate the trial to address post-termination issues separately from all other issues. The Workers' Compensation Appeals Board denied the defendant's petition for removal. The Board found the defendant failed to demonstrate the required significant prejudice or irreparable harm necessary for removal, and the potential costs of discovery do not constitute irreparable harm.

Workers' Compensation Appeals BoardPetition for RemovalIndustrial InjuryAOE/COEBifurcatePost-termination issueIrreparable harmDiscoveryQualified Medical EvaluatorJudicial discretion
References
4
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