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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
Aug 22, 2012

Allen Dwayne Bates v. Elizabeth Ann Brown

This document is an application filed by an inmate, V.T.S.b, seeking to proceed in District Court without prepaying fees or costs due to indigence. The applicant declares an inability to pay the costs of proceedings and asserts entitlement to the requested relief. The form details the applicant's incarceration status within the Texas Department of Criminal Justice and requests legal materials, specifically law books and envelopes, to support the pursuit of their case. The application was stamped by the Seventh Court of Appeals on August 22, 2012.

Inmate RightsIndigency ApplicationFee WaiverCourt CostsPro Se LitigationTexas Legal SystemCriminal Justice SystemAppellate ProcedureAccess to JusticeCorrectional Facility
References
0
Case No. ADJ237189 (RIV 0058701)
Regular
May 22, 2009

DONALD K. SMITH vs. CITY OF SANTA ANA

This case concerns an applicant's attorney's petition for reconsideration regarding appellate costs and attorney's fees. The Workers' Compensation Appeals Board affirmed its prior decision, which had affirmed the finding of industrial injury to the heart and prostate but barred the skin cancer claim due to the statute of limitations. The Board ordered the applicant's attorney to reimburse the applicant $390 improperly solicited and received, while ordering the defendant to pay appellate costs of $382.79 upon confirmation of the reimbursement. The Board declined to increase the attorney's fee, finding it already exceeded typical ranges and that the attorney had not demonstrated entitlement to more.

Workers' Compensation Appeals BoardReconsiderationRemittiturStatute of LimitationsSkin CancerHeart InjuryProstate CancerPermanent DisabilityAttorney's FeeAppellate Costs
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. MISSING
Regular Panel Decision

in the Interest of L. Z., M. H. and N. U., Children v. Department of Family and Protective Services

This document is a "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond" designed for use in Texas courts. It requires the individual filing the lawsuit (plaintiff) to provide their full legal name, date of birth, home and mailing addresses, phone number, and email. The form also asks for information about financial dependents. The applicant must indicate their legal representation status, specifically if they are represented by legal aid or were deemed financially eligible but could not be taken on as a client. Additionally, the statement requires disclosure of any needs-based public benefits received. A significant portion of the form focuses on the applicant's financial situation, including monthly income sources and amounts, the total value of their property (cash, bank accounts, vehicles, other assets), and a detailed breakdown of monthly expenses such as rent, food, utilities, medical costs, and transportation. Finally, the applicant must list any outstanding debts and can attach additional supporting facts. The document concludes with a declaration under penalty of perjury, affirming the truthfulness of the information provided and stating the inability to afford court costs or an appeal bond.

Court CostsAppeal BondIndigencyFinancial DisclosureLegal AidPublic BenefitsIncome StatementExpense ReportAsset DeclarationDebt Listing
References
1
Case No. ADJ1787355 (SAC 0336410) ADJ1318220 (SAC 0338049)
Regular
Aug 06, 2012

MARY JANE EIDMAN vs. LAW OFFICES OF THOMAS PLUMB, PARADISE CHEVROLET, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Subsequent Injuries Benefits Trust Fund's (SIF) petition for reconsideration, affirming the finding of total permanent disability due to a prior condition combined with a later industrial injury. The Board granted the applicant's petition, reversing the original decision to make the applicant personally liable for a medical-legal report. SIF is now liable for the reasonable cost of Dr. Abeliuk's report, which is deemed a necessary medical-legal expense for the applicant's claim. The case was returned for further proceedings to determine the cost of Dr. Abeliuk's report.

Workers' Compensation Appeals BoardSubsequent Injuries Benefits Trust Fundpermanent disabilitymedical-legal expensereconsiderationadministrative law judgesubstantial medical evidencequalified injured workermedical reportingliability
References
5
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. ADJ2340102 (LAO 0751270) ADJ4406096 (LAO 0784412)
Regular
Apr 27, 2017

JOSE MORFIN vs. WHITE MEMORIAL MEDICAL CENTER, ADVENTIST HEALTH

This case involves an award of additional attorney's fees for applicant's counsel in the California Court of Appeal. The court remanded the matter for supplemental fees after the defendant's unsuccessful Petition for Writ of Review. While applicant's attorney sought $11,480.00 in fees, the Board found this excessive and awarded $8,000.00 based on a review of the appellate work and the contentious history of the litigation. The Board also awarded the requested costs of $67.58, totaling $8,067.58 in additional appellate attorney's fees and costs.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesItemization of Attorney's FeesExcessive Fee RequestReasonable Fee DeterminationCase-by-Case Basis
References
1
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
1
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
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