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

Case No. ADJ1541863 (SBR 0317921) ADJ1955130 (SBR 0318072)
Regular
Oct 24, 2008

CAROL TELIZYN vs. BRASWELL'S COLONIAL CARE, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Arrowback Medical Group's (AMG) petition for reconsideration because it was successive and not taken from a final order, as the prior decision remanded the case for further proceedings. The Board also corrected the caption of its August 8, 2008 decision nunc pro tunc to include both relevant case numbers. AMG's core argument regarding the applicability of an expired fee schedule was previously addressed and found to be without merit.

Nunc Pro TuncPetition for ReconsiderationSuccessive PetitionFinal OrderInterim OrderRemandCaption CorrectionRepackaged PharmaceuticalsOfficial Medical Fee ScheduleLien Claimant
References
10
Case No. MISSING
Regular Panel Decision
Aug 13, 1995

Brier v. City University

The respondent City University of New York's determination, dated August 13, 1995, to dismiss the petitioner from his role as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, effective September 8, 1995, was unanimously confirmed. The petition was denied, and the CPLR article 78 proceeding, transferred from the Supreme Court, New York County, was dismissed. The court found that respondent's conclusions regarding the petitioner's failure to report lost keys, ensure proper facility cleaning and maintenance, and general incompetence were supported by substantial evidence, including testimony from the petitioner, superiors, and co-workers. No grounds were found to overturn the respondent's credibility assessments, and the penalty of dismissal was deemed appropriate, especially considering the petitioner's prior disciplinary history.

Public EmploymentAdministrative LawEmployee MisconductWorkplace DisciplineJudicial ReviewArticle 78 ProceedingLehman CollegeCity University of New YorkTermination of EmploymentSubstantial Evidence
References
1
Case No. Docket No. 10
Regular Panel Decision

Zhong v. August August Corp.

Plaintiff Jian Zhong filed a class action against defendant August August Corp. alleging denial of overtime compensation and minimum wages under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (NYMWA). Defendant August filed a motion to dismiss the complaint for failure to state a claim. The court granted the motion in part, dismissing the FLSA overtime claims and related state law claims, but denied it in part, allowing the FLSA minimum wage claims and related state law claims to proceed. Plaintiff Zhong was granted leave to amend the complaint to address the deficiencies in the dismissed claims.

FLSANYMWAWage and Hour DisputeOvertime CompensationMinimum Wage ViolationMotion to DismissRule 12(b)(6) MotionLeave to AmendClass Action PotentialSupplemental Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration of Controversies between Central Aviation & Marine Corp. & International Union, United Automobile, Aerospace & Agricultural Implement Workers

This case concerns a motion by a Union to compel arbitration based on an alleged collective bargaining agreement dated August 8, 1962. The Employer opposes arbitration, contending no valid contract was formed. Affidavits from both sides presented conflicting accounts of negotiation authority and intent, particularly regarding John F. Riley's power to bind the Employer. The National Labor Relations Board had previously found the August 8, 1962 document to be a collective bargaining contract for bar purposes in a separate decertification hearing. However, the District Court, finding the N.L.R.B. order not res judicata and based on the parties' conduct post-August 8, 1962, concluded that no collective bargaining agreement was entered into. Consequently, the Union's motion was denied and the Employer's cross-petition dismissed.

ArbitrationCollective Bargaining AgreementContract ValidityLabor UnionEmployer-Employee RelationsNational Labor Relations Board (NLRB)NLRB OrderDecertification PetitionAuthority to ContractGood Faith Bargaining
References
3
Case No. MISSING
Regular Panel Decision

Leban Store Fixture Co. v. Properties

The plaintiff, a secured creditor, sold equipment to Picnic Parlor of Westbury, Inc. via a conditional sales agreement. Picnic Parlor defaulted and abandoned the premises owned by August Properties, Inc. August Properties subsequently refused the plaintiff access to remove the collateral unless demands for rent arrears, insurance, and a cash bond were met. The plaintiff complied with the bond and proof of ownership requests but refused rent and insurance, arguing it was not the tenant. The plaintiff then initiated a conversion action against August Properties. The trial court found August Properties liable for unreasonably interfering with the plaintiff's immediate right to possession of the collateral. The appellate court affirmed this decision, citing UCC 9-503 and 9-313 (8), stating that a landlord cannot refuse a secured party permission to remove collateral if statutory requirements are met, beyond requesting proof of ownership and a removal bond.

Conversion of personal propertySecured creditor rightsUCC Article 9Landlord-tenant disputeDefault on security agreementRight to possession of collateralUnreasonable interferenceAuctioneer's saleConditional sales agreementReal estate owner obligations
References
7
Case No. ADJ3853793 (SRO 0141299)
Regular
Feb 23, 2015

CHRISTINA LAURA LEPE DUARTE vs. FIDELITY NATIONAL TITLE COMPANY, HARTFORD INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration regarding the end date of temporary disability payments. The Board previously amended an award to extend temporary disability to August 7, 2009. The defendant argued this violated Labor Code section 4656's two-year limitation. However, the Board denied reconsideration, reaffirming that under *Hawkins v. Amberwood Products*, the two-year period begins on the date of the first *payment* of temporary disability, not when it was first owed. Since the first payment was August 8, 2007, the 104-week period validly extended to August 7, 2009.

ADJ3853793FIDELITY NATIONAL TITLE COMPANYHARTFORD INSURANCE COMPANYLabor Code section 4656temporary disabilitycompensable weeksdate of commencement of temporary disability paymentHawkins v. Amberwood Productsindustrial injuryneck
References
1
Case No. MISSING
Regular Panel Decision

In re Kenneth V.

This is an appeal from a Family Court order that found respondent August V., Ill neglected his children. The proceeding was initiated by the petitioner, alleging neglect due to the parents' refusal to accept intensive counseling for two children exhibiting aggressive behavior, including wielding a knife. The Family Court initially found the father neglected all seven children. However, the appellate court reversed this decision, finding no evidence of parental misconduct by the father. The court determined that treatment recommendations were not directly communicated to the father, and he was unaware of the escalated fighting. Consequently, the petition against August V., Ill was dismissed due to insufficient proof of neglect.

NeglectChild protectionParental misconductFamily lawChild welfareAbuseErie CountyAppellate reviewParental responsibilityMental health services
References
6
Case No. MISSING
Regular Panel Decision

Nardolillo v. Sovinsky

Plaintiffs, members of the Tile, Marble and Terrazzo Helpers Subordinate Union No. 8, sought to recover funds contributed by their employer to a trust fund. They argued that the discontinuation of employer contributions rendered them ineligible for benefits, making the trust's purpose impossible and leading to unjust enrichment by the fund. Defendants countered that such payments would violate the trust agreement and IRS provisions, maintaining that plaintiffs remained eligible. The court determined that the fund was a common trust, not individual escrowed accounts, and upheld the trustees' interpretation that ensured plaintiffs' continued eligibility, preventing a forfeiture of rights. Consequently, the plaintiffs' motion was denied, and the defendants' motion to dismiss was granted.

Union Trust FundEmployee BenefitsEmployer ContributionsTrust AgreementBenefit EligibilityFund AdministrationBreach of TrustFiduciary DutyDismissal MotionLabor-Management Relations Act
References
6
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ9271600
Regular
Oct 02, 2017

JESUS BARRERA vs. UMAMI RESTAURANT, LLC, BERKSHIRE HATHAWAY, HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Barrera's petition for reconsideration because it was filed untimely. The WCJ's decision was personally served, triggering a strict 20-day filing deadline for reconsideration, not subject to mail service extensions. Barrera's representative had until August 8, 2017, to file, but the petition was received on August 9, 2017. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for ReconsiderationUntimely FilingPersonal Service20-Day LimitJurisdictionalWCABWCJLabor Code SectionsCalifornia Code of RegulationsOrder Dismissing Lien
References
4
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