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

Case No. ADJ9890148
Regular
Feb 02, 2017

Timothy Bedford vs. CITY OF LOS ANGELES

This Workers' Compensation Appeals Board case denies reconsideration of a permanent disability rating. The Board affirmed the use of Figure 15-19 of the AMA Guides, finding it permissible to use any chapter or method within the Guides that most accurately reflects impairment. The Agreed Medical Evaluator's opinion was deemed substantial, as he explained how Figure 15-19 was used to derive a more accurate rating based on the applicant's specific spinal condition. The decision also distinguished the current case from prior panel decisions regarding the application of the AMA Guides and work limitations.

AMA Guidespermanent disability ratingrebuttable presumptionwhole person impairmentAlmaraz/Guzman IIclinical judgmentagreed medical evaluator (AME)Figure 15-19functional losssurgical-grade disc herniations
References
7
Case No. MISSING
Regular Panel Decision

In Re Casse

The debtor, Robert E. Casse, moved to vacate the foreclosure sale of his home, arguing it violated the automatic stay after his Chapter 13 filing. Key Bank National Association opposed, contending the Chapter 13 case was void due to a prior court order dismissing Casse's third Chapter 11 case "with prejudice" to prevent serial filings. The court denied Casse's motion, finding his Chapter 13 filing violated the previous order, which was a proper exercise of judicial authority under the Bankruptcy Code to prevent abuse of process. Consequently, the Chapter 13 case was dismissed as a nullity. The court reserved jurisdiction to consider imposing sanctions against the debtor.

BankruptcyForeclosureAutomatic StaySerial FilerDismissal with PrejudiceChapter 13Chapter 11Bad Faith FilingJudicial AuthorityAbuse of Process
References
42
Case No. MISSING
Regular Panel Decision

Matter of Troutman

Raymond G. and Peggy Ann Troutman, debtors, filed a Chapter 13 petition after receiving a Chapter 7 discharge, seeking to pay only secured creditors over three years. The court noted that the debtors had no unsecured debt due to their prior Chapter 7 discharge and were attempting to use Chapter 13 solely to deal with secured claims. The court, citing precedent from similar cases, found that this combined approach constituted a plan that offered no payments to unsecured creditors, thus failing the good faith requirement of Section 1325(a)(3) of the Code. Therefore, the court denied confirmation of their Chapter 13 plan, concluding it was an attempt to achieve indirectly what could not be accomplished directly.

BankruptcyChapter 13Chapter 7Good Faith RequirementSecured ClaimsUnsecured Debt DischargePlan ConfirmationSerial FilingsForeclosure ProceedingsDebtor's Plan
References
5
Case No. ADJ10187704, ADJ10924724
Regular
May 17, 2018

STEVEN CASE vs. GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to increase applicant's permanent disability rating for bilateral shoulder injury from 9% to 38%. The Board found the Agreed Medical Evaluator's (AME) alternative rating, based on strength loss, was substantial medical evidence and properly considered within the AMA Guides. The WCJ erred in applying an overly restrictive interpretation of "complex or extraordinary" cases for deviating from strict AMA Guides ratings. The AME's use of strength loss data from the AMA Guides, even for an age outside the specified range, was permissible under the *Almaraz-Guzman* line of cases when justified by clinical judgment.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical Evaluator (AME)permanent disability ratingbilateral shouldersorthopedic AMEAMA GuidesAlmaraz-Guzmanstrength loss index
References
20
Case No. MISSING
Regular Panel Decision

In re Holtslander

Casey Holtslander, a Chapter 13 Debtor, filed a motion to modify her post-confirmation chapter 13 plan to use post-petition insurance proceeds from an automobile casualty policy. AmeriCU Credit Union, the sole loss payee, and the Chapter 13 Trustee objected, arguing that the proceeds should go entirely to AmeriCU or that the Debtor lacked legal basis for distribution to the estate. The Court, presided over by Bankruptcy Judge Diane Davis, overruled the objections, holding that the insurance proceeds are property of the estate and AmeriCU's interest is limited by the confirmed plan's bifurcation of its secured claim. The Court granted the Debtor's motion to modify the plan, allowing the proceeds to pay AmeriCU's secured claim, with the surplus retained by the estate and a reduction in monthly payments.

BankruptcyChapter 13Plan ModificationInsurance ProceedsLoss PayeeSecured ClaimsProperty of the EstateRes JudicataCramdownAutomobile Casualty
References
14
Case No. ADJ6502802
Regular
Feb 28, 2011

JOSE OLIVEIRA vs. RIVER FRONT APARTMENTS, ILLINOIS MIDWEST INSURANCE AGENCY, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY

This case concerns a maintenance worker's shoulder injury sustained on June 8, 2007. The workers' compensation judge awarded 39% permanent disability based on a qualified medical evaluator's analysis. The defendant argued this analysis, which applied the hernia chapter of the AMA Guides, was flawed and that impairment should be assessed using the upper extremity chapter. After reconsideration, the Appeals Board affirmed the original Findings and Award, adopting the judge's reasoning.

Workers' Compensation Appeals BoardPetition for Reconsiderationindustrial injurymaintenance workerleft shoulderpermanent disabilitypanel qualified medical evaluatorAMA Guides to the Evaluation of Permanent Impairmenthernia chapterWhole Person Impairment
References
0
Case No. MISSING
Regular Panel Decision

In re Voll

The debtors, Patrick L. Voll and Linda P. Voll, filed for Chapter 13 bankruptcy. The New York State Department of Taxation and Finance ("Tax Department") willfully violated the automatic stay by continuing to garnish Mrs. Voll's wages post-petition, despite receiving notice of the bankruptcy filing. The garnishment ceased, and the improperly deducted funds were returned after the Debtors filed a motion for sanctions. The court found that the Tax Department willfully violated the automatic stay. However, the court denied the Debtors' claim for emotional distress damages, finding they failed to provide clear and convincing evidence of significant emotional harm distinct from the general stressors of bankruptcy and other life events. The court awarded the Debtors $13,625.00 in attorneys' fees as actual damages for the willful violation of the stay.

Bankruptcy LawAutomatic Stay ViolationWage GarnishmentSanctions MotionAttorneys' Fees AwardChapter 13 BankruptcyTaxation and FinanceActual DamagesEmotional Distress ClaimsWillful Violation
References
28
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. 13-71842-ast; 13-72354-ast
Regular Panel Decision
Jun 08, 2015

In re 1990's Caterers Ltd.

Richard Bivona, one of the petitioning creditors in an involuntary Chapter 7 bankruptcy case against 1990’s Caterers Ltd, was ordered on November 19, 2013, to turn over $30,613.00 in auction sale proceeds to the Chapter 7 Trustee, Kenneth P. Silverman. Despite numerous hearings and orders, including a daily sanction of $200 and a judgment for attorney’s fees and accrued sanctions, Bivona continuously failed to comply. In January 2015, Bivona offered contradictory testimony, claiming he did not possess the funds at the time of the initial order, which the Court deemed false. The Court found Bivona in knowing, clear, and convincing civil contempt and, finding no lesser sanction appropriate due to his pattern of non-compliance, ordered that if he does not turn over the funds by June 22, 2015, a warrant will be issued for his arrest, and he will be held in custody by the United States Marshals until he purges his contempt.

Civil ContemptBankruptcyTurnover OrderSanctionsIncarcerationDebtor-CreditorAsset SaleTrustee EnforcementJudicial AuthorityRule Violation
References
30
Case No. ADJ3849676 (AHM 0147658) ADJ1948081 (AHM 0147721)
Regular
Feb 14, 2011

ROBERT LEON vs. RF DEVELOPMENT & BUSCH CORPORATION, LINCOLN GENERAL INSURANCE

In this workers' compensation case, the defendant sought reconsideration of a $37\%$ permanent disability award, arguing the physician's impairment rating improperly deviated from the AMA Guides. The Appeals Board granted reconsideration, finding the physician's justification for not strictly applying the Guides was insufficient and not based on substantial medical evidence. Specifically, the physician's reliance on subjective complaints and analogies to amputation were not adequately supported. The Board rescinded the award and remanded the case for a new rating strictly following the AMA Guides.

Workers' Compensation Appeals BoardRF Development & Busch CorporationLincoln General InsuranceAmerican Claims ManagementRobert LeonADJ3849676ADJ1948081ReconsiderationFindings and AwardIndustrial Injuries
References
2
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