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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
Jan 29, 2010

In re Marsh Erisa Litigation

Named Plaintiffs Donald Hundley, Conrad Simon, and Leticia Hernandez brought a class action lawsuit against Marsh & McLennan Companies, Inc. (MMC) alleging breaches of fiduciary duties under ERISA related to imprudent investments in MMC stock within the company's 401(k) plan. The litigation, complex in scope and involving extensive discovery, ultimately led to a $35 million class action settlement after arm's-length negotiations facilitated by a mediator. The Court approved the settlement, certified the class for settlement purposes, and sanctioned the plan of allocation. Additionally, the decision granted substantial attorneys' fees and expenses to lead counsel, alongside case contribution awards for the named plaintiffs, while rejecting the two objections received. This ruling concludes a significant ERISA litigation, emphasizing the protection of retirement savings for American workers.

ERISAClass ActionSettlement ApprovalFiduciary Duty401(k) PlanStock InvestmentAttorneys FeesLitigation ExpensesClass CertificationPlan of Allocation
References
78
Case No. MISSING
Regular Panel Decision
Sep 22, 2003

Cigna Property & Casualty v. Liberty Mutual Insurance

The Supreme Court, New York County, affirmed a judgment vacating an arbitration award. The court determined that the arbitrator's conclusion, which granted priority of payment to a workers' compensation carrier solely because a claim was paid, lacked necessary evidentiary support. Citing Insurance Law § 5105 (a), the decision emphasized that any request for reimbursement must be predicated on an allocation of loss. As the record failed to provide evidence of such an allocation, the court found the award was properly vacated.

ArbitrationWorkers' CompensationVacatur of AwardEvidentiary SupportAllocation of LossInsurance LawCPLRReimbursementPriority of PaymentAppellate Decision
References
1
Case No. ADJ1973175 (GRO 0030416)
Regular
Jun 22, 2011

MYRLE BOWLBY vs. NEW COATING PAINTING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding attorney fee allocation. Initially, the WCAB awarded $\$300.00$ in attorney fees to a lien claimant. Subsequently, applicant's attorneys reached an agreement on the division of a higher attorney fee award of $\$7,983.90$. The WCAB granted the petition for reconsideration to amend the original award and incorporate this agreed-upon allocation among the various attorneys involved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLien ClaimantAttorney FeesAllocationAdministrative Law JudgeWCJDecision After ReconsiderationApplicant's Attorneys
References
0
Case No. ADJ7900836
Regular
Jul 24, 2012

JUAN MONROY CURIEL vs. NEENAH ENTERPRISES, WAUSAU INSURANCE COMPANY

The defendant sought reconsideration of an order denying their petition to set aside a Compromise and Release agreement. The defendant argued the agreement contained a clerical error by not allocating funds for future medical care, thus violating Medicare Secondary Payer laws. The Board denied reconsideration, finding the defendant failed to demonstrate sufficient cause to set aside the agreement. The Board noted parties may file an addendum to allocate settlement proceeds for future Medicare-covered expenses due to bona fide disputes.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderClerical ErrorMedicare Secondary PayerFuture Medical CareAllocation of SettlementBona Fide Dispute
References
3
Case No. ADJ8222803
Regular
Jul 30, 2018

TERRY LASKO vs. ENTERTAINMENT PARTNERS; AIG, Cast & Crew Entertainment Services

This case involves a petition for contribution where Entertainment Partners seeks reimbursement from Cast & Crew for benefits paid to an applicant. The original arbitrator awarded Entertainment Partners $95,565.17 but denied Cast & Crew liability for future medical care. Entertainment Partners contends the arbitrator erred by arbitrarily allocating $7,500 to an unpled specific injury and by denying them contribution for temporary disability. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings due to the arbitrator exceeding his authority by making an unsubstantiated allocation.

Labor Code Section 5500.5ContributionPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative TraumaFuture Medical CareArbitrator AuthorityTemporary DisabilitySpecific Injury
References
5
Case No. ADJ391084 (GOL 0102020) ADJ1292455 (GOL 0100312)
Regular
May 26, 2015

MICHAEL LOPEZ vs. ED & TED'S EXCELLENT LIGHTING, FIREMAN'S FUND INSURANCE COMPANY, REDWOOD FIRE & CASUALTY COMPANIES

This case involves two workers' compensation claims for applicant Michael Lopez against Ed & Ted's Excellent Lighting, insured by Redwood Fire & Casualty and Fireman's Fund Insurance Company. The Arbitrator found industrial injuries to Lopez's back and extremities and allocated partial liability to both insurers for the second injury period. Both insurers sought reconsideration, alleging clerical errors and disputes over liability allocation. The Workers' Compensation Appeals Board granted reconsideration to correct these clerical errors. The Board rescinded the original decision and returned the case to the Arbitrator for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderArbitratorIndustrial InjuryLumbar BackUpper ExtremitiesHerniaCumulative TraumaInsurance Company
References
0
Case No. ADJ6645846
Regular
Mar 21, 2014

TOM LEYBA TIMOTHY LEYBA vs. BEAU BUREAUX INTERIORS, STATE COMPENSATION INSURANCE FUND

This case concerns the allocation of attorney's fees in a workers' compensation matter. The applicant sustained injuries to multiple body parts, and a stipulation was reached regarding the injury and employment. The primary dispute was between prior counsel, Norman & Norman, and present counsel, Ufkes & Bright, over the division of the total attorney's fee award. The Appeals Board reconsidered the decision and, adopting the WCJ's recommendation, amended the fee allocation. Norman & Norman was awarded $7,684.00, while Ufkes & Bright received $21,866.00, recognizing Ufkes & Bright's longer representation and greater contribution to the case.

Workers' Compensation Appeals BoardADJ6645846Opinion and Decision After Reconsiderationindustrial injuryneckshoulderpsychebackdigestive systemurological injury
References
0
Case No. ADJ2678977 (VNO 0516619) ADJ2789939 (VNO 0516618)
Regular
Jul 26, 2017

THOMAS BELLISSIMO vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG

This case involves two insurers, Zurich and AIG, disputing liability for a worker's cumulative trauma injury. The Arbitrator initially set the liability period as July 4, 2004, to July 3, 2005, and apportioned fault based on days worked. Both insurers sought reconsideration, with AIG challenging the date of injury and allocation method, and Zurich arguing for apportionment based on exposure arduousness. The Board affirmed the Arbitrator's pro rata allocation based on days worked, but amended the liability period to June 28, 2004, to June 28, 2005, based on the last date of injurious exposure.

Labor Code section 5500.5cumulative trauma injuryliability periodapportionmentpro ratadate of injuryLabor Code section 5412disabilityinjurious exposuresuccessive employers
References
4
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
21
Case No. MISSING
Regular Panel Decision

Gallin v. Owens-Illinois, Inc.

Plaintiff moved to set aside a jury verdict in an asbestos-related wrongful death and product liability case against Owens-Illinois, Inc., the sole remaining defendant after five others had settled. The jury had allocated percentages of liability to Owens-Illinois and the settling co-defendants, Eagle-Picher and Keene Corporation. Plaintiff argued that the jury's allocation of liability to the settling defendants was unwarranted by the evidence. The court, applying a strict standard for overturning jury verdicts, reviewed the trial record and found sufficient evidence to support the jury's findings regarding exposure to the settling co-defendants' asbestos products. Consequently, the court denied the plaintiff's motion to set aside the verdict.

Asbestos ExposureWrongful Death ClaimProduct LiabilityJury Verdict ChallengePost-Trial MotionsNew York General Obligations LawComparative FaultRule 50(b)Settling DefendantsApportionment of Liability
References
10
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