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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

People v. Cruz

The dissenting opinion argues against affirming a restitution award to Nassau County. The majority held Nassau County is a "victim" under Penal Law § 60.27 for sick leave and medical bills paid to a police officer injured during a burglary. The dissent contends that statutory interpretation and public policy preclude reimbursing a municipal law enforcement agency for foreseeable operating costs, including personnel costs. It asserts that sick leave payments are not "actual out-of-pocket loss" and, referencing People v Rowe, law enforcement agencies are not "victims" for normal operating expenses. The dissent criticizes the distinction between operational and employment functions, arguing that costs for officer injuries are inherent to crime-fighting and should not be recovered from the defendant without specific statutory authorization.

restitutionPenal Law § 60.27victim statuslaw enforcement agencyoperating costssick leavemunicipal liabilitypolice officer injurystatutory interpretationlegislative intent
References
4
Case No. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
1
Case No. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
4
Case No. MISSING
Regular Panel Decision

Tokyo Electron Arizona, Inc. v. Discreet Industries Corp.

This order addresses the plaintiff Tokyo Electron Arizona's (TAZ) application for reasonable attorney's fees and costs against defendants Discreet Industries and Ovadia Meron (Discreet), pursuant to Federal Rule 37. The court determines the appropriate award by assessing the reasonableness of hourly rates and hours expended, applying the lodestar method. While acknowledging the high caliber of work, the court reduced Mr. Haug's hourly rate and applied a 10% overall reduction to the billed hours to account for potential overlap. Additionally, the court found TAZ's copying and transcript costs reasonable and partially awarded costs for a computer-generated Power Point presentation. Ultimately, TAZ was awarded $55,751.79 in fees and $5386.19 in costs, totaling $61,137.98.

Attorney's FeesCostsDiscovery SanctionsFederal Rule 37Lodestar MethodHourly RatesReasonable HoursEastern District of New YorkSouthern District of New YorkWork Product Doctrine
References
26
Case No. MISSING
Regular Panel Decision

King's Medical Supply Inc. v. Travelers Property Casualty Corp.

The plaintiff, a provider of medical supplies, moved for summary judgment seeking $2,522.86 in unpaid no-fault benefits for equipment provided to its assignors. The defendant insurer had made partial payments, asserting 'reasonable and customary fees' or technical denials, contrary to the plaintiff's interpretation of reimbursement based on 150% of documented cost. The court denied the plaintiff's motion, ruling that the plaintiff failed to establish a prima facie case by providing admissible evidence of the actual 'documented cost' of the medical supplies. The court clarified that while the regulation specifies '150 percent of the documented cost,' insurers cannot unilaterally introduce additional 'reasonable or customary cost' requirements, but the plaintiff's inability to sufficiently document their costs was fatal to their motion.

Summary JudgmentNo-Fault BenefitsMedical SuppliesMedical EquipmentInsurance LawDocumented CostPrima Facie CaseReimbursementRegulation InterpretationProvider Costs
References
13
Case No. MISSING
Regular Panel Decision

Rodriguez v. City of New York

This Memorandum Decision and Order addresses attorneys' fees in a settled class action alleging Family Medical Leave Act violations against the City of New York. The primary issue before the court was the appropriate fee recovery for District Counsel 37 (DC 37), a union providing in-house legal services to the plaintiffs. The court examined ethical rules concerning fee-splitting between attorneys and non-lawyer organizations, concluding that a union cannot profit from legal services rendered by its salaried attorneys if the fees are deposited into its general treasury. Consequently, the court ruled that DC 37's recovery for its in-house counsel's work is limited to the actual costs incurred, rather than market rates. Plaintiffs' counsel was directed to submit precise documentation of Lewis Brisbois' reimbursement and DC 37's actual costs for a final determination of the awarded amount.

Attorneys' FeesClass ActionFamily Medical Leave ActFee-splittingEthical RulesIn-house CounselUnion RepresentationActual CostsMarket RateNew York Law
References
24
Case No. ADJ2209378 (VNO 0366651)
Regular
Oct 07, 2013

SCOTT LENETT vs. CITY OF MONTEREY PARK, CORVEL CORPORATION/HAZELRIGG RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's petition to terminate liability for Applicant's pool maintenance award. The Board rescinded the prior decision and remanded the case for further proceedings. The core issue is whether the Applicant is entitled to the full maintenance award when he no longer directly pays for or maintains the pool, but rather pays HOA dues that contribute to pool upkeep. The Board clarified that while the award itself is not inappropriate, reimbursement should be based on Applicant's actual out-of-pocket costs for pool maintenance.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPool Maintenance AllowanceAqua TherapyContinuing JurisdictionLabor Code Section 5803Labor Code Section 5804Termination of LiabilityMedical Treatment Award
References
2
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
4
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