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Case Law Database

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

Case No. LAO 0879648
Regular
Jun 09, 2008

ANTO'NIO GONZALEZ vs. ASH, AMIR LANKARANI dba ANAHEIM CAR WASH

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Antonio Gonzalez was an employee of Anaheim Car Wash when he was injured. The Board adopted the administrative law judge's report, which found the applicant credible and the employer not credible. The judge determined that Gonzalez was hired to provide services for a daily wage, fulfilling the definition of an employee.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code section 5313credibility findingGarza v. Workmen's Comp. Appeals Bd.employment disputeAnaheim Car WashAntonio GonzalezAmir Lankarani
References
2
Case No. ADJ14053925
Regular
May 16, 2025

AMIR BAIGMORADI vs. NEP GROUP, INC.; FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) Findings of Fact, Award & Order. The WCAB affirmed the WCJ's decision to admit the neuropsychological consultative reports of Fernando Gonzalez, Ph.D., deeming them substantial medical evidence. The Board further agreed with Dr. Gonzalez's method of adding impairment ratings for the applicant's neurological and psychiatric conditions, citing the synergistic effects on daily living activities. Additionally, the WCAB concluded that the applicant's injury, resulting from being crushed by an LED screen, constituted a "violent act" under Labor Code § 4660.1(c)(2)(A), entitling him to an increased psychiatric permanent disability rating.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemAdmissibility of medical reportsValdez v. Workers' Comp. Appeals Bd.Batten v. Workers' Comp. Appeals Bd.Qualified Medical EvaluatorSubstantial evidenceVigil v. County of Kern
References
19
Case No. NN-13044-11, NN-13045-11
Regular Panel Decision
Aug 14, 2014

Monroe County Department of Human Services v. Nadir J.B.

The Monroe County Department of Human Services petitioned to terminate the parental rights of Nadir B. to his sons, Xavier and Amir, alleging abandonment for failing to visit or communicate with them or the agency during a six-month period. The court heard testimony from caseworkers, a foster parent, and the paternal grandmother, Tamara B., who also had a pending custody petition for the children and was in constant contact with the Department. The court found that the Department's efforts to contact the father were limited and that the paternal grandmother was a viable resource for the children. Ultimately, the court concluded that the petitioner failed to prove that the father evinced an intent to forgo his parental rights, especially given his support for his mother's custody petition and his court appearances. The petition for termination of parental rights was therefore dismissed.

Parental Rights TerminationChild AbandonmentFoster CarePaternal CustodyInterstate Compact ApplicationFamily CourtMonroe CountyChild NeglectCommunication with AgencyViable Resource
References
12
Case No. MISSING
Regular Panel Decision
Jul 26, 2010

FORTIES B LLC v. America West Satellite, Inc.

The Court issued a Memorandum Order addressing motions in a copyright infringement case. It dismissed claims against Persian Broadcast Service Global, Inc. (PBSG) for lack of personal jurisdiction, finding insufficient evidence of purposeful business transactions or tortious acts with consequences in New York under the state's long-arm statute. The Court also partially granted defendant Amir Shadjareh’s motion for summary judgment, dismissing claims of direct and contributory copyright infringement against him. However, the Court denied Shadjareh's motion regarding vicarious liability for copyright infringement, determining that triable issues of fact exist due to his supervisory role and direct financial interest as the sole owner and principal of PBSG. Claims against "XYZ Company" and "John Doe" were dismissed without prejudice.

Copyright InfringementPersonal JurisdictionLong-Arm StatuteVicarious LiabilitySummary JudgmentMotion to DismissSatellite BroadcastingFilm ProductionIntellectual PropertyFederal Court
References
29
Case No. MISSING
Regular Panel Decision

MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC

This case involves MLF3 Airitan LLC and MLF3 DC LLC (plaintiffs) suing 2338 Second Avenue Mazal LLC, 167th Street Mazal LLC, Eran Polack, Amir Hasid, Nir Amsel, Bank Leumi USA, and John Doe numbers 1 through 10 (defendants) for breach of fiduciary duty, trust fund diversion, and a declaratory judgment regarding mechanic's liens. Plaintiffs sought an accounting, damages, and priority for their mechanic's liens over Bank Leumi's liens, citing improper notice of lending and unfiled material modifications to loan agreements under the Lien Law. Defendants Bank Leumi and the Mazal entities cross-moved to dismiss based on various procedural grounds and failure to state a cause of action. The court granted Bank Leumi's motions to dismiss the fourth and fifth causes of action concerning the priority claims. However, it denied the defendants' motion to dismiss the sixth cause of action, allowing the action to proceed concurrently with a lien foreclosure action. Additionally, the court granted plaintiffs' cross-motions for an interim accounting and for consolidation of the actions.

Mechanic's LiensDeclaratory JudgmentTrust Fund DiversionBreach of Fiduciary DutyBuilding Loan AgreementLien Law Article 3-AMotion to DismissInterim AccountingConsolidation of ActionsPriority Disputes
References
35
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