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

Case No. MISSING
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

Marion Gibbons, an attorney, appealed his conviction for attempted theft, valued over $10,000, arguing insufficient evidence. The indictment alleged Gibbons attempted to unlawfully appropriate money from James L. Ballard by negotiating a settlement for an invalid worker's compensation claim for Donnie J. Dukes after Dukes' death. Despite engaging in unethical conduct, such as continuing negotiations and withholding information about Dukes' death from Liberty Mutual Insurance Company, and allegedly attempting to bribe an adjuster, the court found these actions did not amount to more than mere preparation. Crucially, the Compromise Settlement Agreement was never executed or submitted for approval by the Industrial Accident Board, which was a prerequisite for collecting funds. Therefore, the judgment of conviction was set aside, and Gibbons was acquitted due to insufficient evidence.

Attempted TheftCriminal AppealSufficiency of EvidenceWorker's Compensation ClaimLegal EthicsMere Preparation DoctrineIndustrial Accident BoardCompromise Settlement AgreementFraudAttorney Misconduct
References
13
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The case concerns Leo Haviland's claims against J. Aron & Company, an affiliate of his former employer Goldman, Sachs & Co., after Haviland discontinued his action against Goldman. Haviland alleged violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, specifically mail and wire fraud, and attempted extortion, alongside a common law fraud claim. He asserted that Goldman and Aron defrauded him by making false promises about a "Chinese wall" to prevent the disclosure of confidential client information and later attempted to extort him for such information, which led to his termination and reduced compensation for his refusal to cooperate. The court granted Aron's motion to dismiss, ruling that Haviland lacked standing under RICO because his alleged injuries were not directly or proximately caused by the predicate racketeering acts. The court found that the schemes were primarily directed at Goldman's clients, and Haviland's injuries, stemming from his refusal to participate, were too remote to confer RICO standing. Consequently, the RICO claims were dismissed, and the common law fraud claim was dismissed for lack of federal jurisdiction.

RICO ActMail FraudWire FraudHobbs ActStanding (Law)Motion to DismissProximate CauseWrongful TerminationWhistleblowerConfidential Information
References
24
Case No. MISSING
Regular Panel Decision
Dec 08, 1994

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Matthew Taylor, a co-founder of United Brooklyn (UB), was convicted of attempted extortion and extortion under the Hobbs Act at two construction sites where Flintlock Construction Company was the principal contractor. Taylor moved for a judgment of acquittal, arguing insufficient evidence linked him directly to extorting "money for a Coordinator and employment for members of United Brooklyn" as charged in Counts Twenty-Two and Twenty-Four. He also sought a new trial citing recanted testimony from a key witness, Andrew Weiss. The court denied both motions, concluding that the evidence, including Taylor's role as the de facto head of UB and his active involvement in its extortionate schemes, sufficiently supported the conviction under an aiding and abetting theory. The court found that the alleged recantation was not material and did not undermine the verdict, given the compelling evidence of Taylor's guilt in a "long and persistent scheme" of extortion.

Hobbs ActExtortionAttempted ExtortionConspiracyAiding and AbettingConstruction IndustryRacketeeringOrganized CrimeMotion for AcquittalMotion for New Trial
References
15
Case No. 03 Cr. 0229(NRB)
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Louis Moscatiello, one of fifteen defendants associated with the Genovese organized crime family, moved to dismiss his indictment for conspiracy to commit extortion and attempted extortion on double jeopardy grounds. Moscatiello argued that his prior guilty plea in 2004, which granted him immunity for Genovese-related activities between 1978 and 2004, encompassed the current charges. The court, presided over by District Judge Kaplan, applied the Russotti factors to determine if the alleged extortion of "Victim-1" (November 2003 to January 2004) was part of the same pattern of racketeering activity as the prior charges (control over Locals 14, 15, and 530 of various unions). The court found that the current charges involved different co-conspirators and a distinct nature and scope of activity. Consequently, the court denied Moscatiello's motion, concluding that the indictment did not violate the Double Jeopardy Clause or his 2004 plea agreement.

Double JeopardyRICOHobbs ActExtortionConspiracyOrganized CrimeGenovese Crime FamilyPlea AgreementImmunityRacketeering Activity
References
16
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

Attorney Walter Ray Culp, III, previously suspended for five years due to an attempted extortion conviction, sought reinstatement of his law license. The extortion involved brokering witness testimony for a substantial fee. After serving a nineteen-month prison sentence and the five-year suspension, Culp petitioned for reinstatement. A hearing panel of the Board of Professional Responsibility and the Chancery Court for Williamson County both denied his request. The denials were based on Culp's failure to demonstrate moral qualifications, legal competency, and that his reinstatement would not harm the integrity of the bar or public interest. The Tennessee Supreme Court affirmed these decisions, citing Culp's lack of credibility, his unwillingness to accept responsibility for his actions, and the severe nature of his original crime.

Attorney disciplineLaw license reinstatementProfessional misconductAttempted extortionMoral qualificationsLegal competencyCredibility assessmentJudicial reviewAppellate decisionLegal ethics violation
References
8
Case No. MISSING
Regular Panel Decision
Mar 02, 2009

What Were the Key Rulings in Torrez vs. SuperShuttle?

Defendant appealed a judgment convicting him of attempted course of sexual conduct against a child. He argued his Miranda rights were violated, but the court found a knowing, voluntary, and intelligent waiver. The court also rejected his claim that a social worker acted as a law enforcement agent without issuing Miranda warnings, noting the interview's timing and continuous custody. Furthermore, police deception regarding a polygraph did not coerce his statement or deny due process. His challenge to his Alford plea was unpreserved, and the sentence was deemed appropriate.

Miranda rightsWaiver of rightsRight to counselPolice interrogationSocial worker interviewLaw enforcement agencyVoluntariness of confessionPolice deceptionPolygraph examinationDue process
References
12
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

The defendant was convicted of two counts of attempted assault in the second degree after a nonjury trial, following an indictment for attempted rape and other charges. The conviction was affirmed by the Appellate Division. The defendant appealed, arguing that attempted assault under Penal Law § 120.05 (3) is a legal impossibility because the statute imposes criminal responsibility for an unintended injury, and one cannot attempt to bring about an unintended result. The Court of Appeals agreed, stating that an attempt requires an intent to commit a specific crime and bring about the proscribed result. Since Penal Law § 120.05 (3) does not require intent to cause injury, but rather intent to prevent an officer from performing a lawful duty while causing injury, there can be no attempt to commit a crime whose core result (injury) is not intended. Consequently, the crime of attempted assault in the second degree under this subdivision was deemed a legal impossibility, and the Appellate Division's order was reversed, and the assault counts dismissed.

Criminal LawAttempted AssaultPenal LawSecond Degree AssaultIntent to InjureLegal ImpossibilityStrict LiabilityAppellate ReviewCriminal CulpabilityLawful Duty
References
31
Case No. 03-05-00032-CV
Regular Panel Decision
May 04, 2007

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The Texas State Board of Medical Examiners denied Dr. Vivian Nzedu's medical license application, citing her failure to pass the USMLE within the statutorily permitted attempts. The Board included an examination attempt made prior to the effective date of the 'three-attempts statute' (September 1, 1993). The trial court initially sided with Dr. Nzedu, ruling that pre-1993 attempts should not be counted. However, the appellate court reversed this decision, concluding that counting pre-statute examination attempts is not an unconstitutional retroactive application of the Medical Practice Act, as it merely draws upon antecedent facts and does not impair a vested right. The court deferred to the Board's reasonable interpretation of the statute. The case was remanded for a determination of attorneys' fees.

Medical LicensingUSMLEStatutory InterpretationRetroactivityVested RightsAdministrative LawTexas Medical Practice ActPhysician LicensureExamination RequirementsAppellate Review
References
24
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Dr. Vivian Nzedu's application for a medical license in Texas was denied by the Texas State Board of Medical Examiners due to her failure to pass the United States Medical Licensing Exam (USMLE) within the statutorily permitted number of attempts. The Board included an examination attempt made before the September 1, 1993, effective date of the "three-attempts statute" in its calculation. The trial court initially sided with Dr. Nzedu, ruling that the pre-1993 attempt should not be counted and awarded her attorneys' fees, deeming the Board's interpretation an unconstitutional retroactive application of the law. However, the appellate court reversed this decision, holding that allowing the Board to consider antecedent facts, such as prior examination attempts, does not constitute an unconstitutional retroactive application of the statute. The court also affirmed that Dr. Nzedu did not possess a vested right in the continuity of specific licensing procedures, thereby denying her request for declaratory relief. Consequently, the appellate court rendered judgment in favor of the Board and remanded the case for a redetermination of attorneys' fees, consistent with its findings.

Medical LicensingProfessional RegulationRetroactive Application of LawStatutory InterpretationVested RightsConstitutional LawAdministrative LawSummary JudgmentDeclaratory ReliefUSMLE
References
27
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Overnite Transportation Company filed a second amended complaint against the International Brotherhood of Teamsters (IBT) and numerous individuals, alleging violations of RICO, tortious interference with business and employment relations, and malicious destruction of property. The defendants moved to dismiss, transfer, and strike material from the complaint. The court denied the motion to transfer but addressed the motions to dismiss and strike. The court dismissed all predicate acts related to the Hobbs Act, Travel Act, state criminal extortion, and state criminal assault due to NLRA preemption, and also dismissed the state law tort claims. However, the court denied the motion to dismiss predicate acts sufficiently pleading attempted murder. The court also granted the defendants' motion to strike certain paragraphs as largely immaterial background information.

RICO ActLabor DisputeMotion to DismissMotion to StrikeAttempted MurderRacketeering ActivityNLRA PreemptionHobbs ActTravel ActTortious Interference
References
67
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