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

Case No. M1999-00784-CCA-R3-CD
Regular Panel Decision
Jun 26, 2001

State v. Larry Coulter

Larry Coulter appealed his first-degree premeditated murder conviction, stemming from the shooting death of his wife, Robin Coulter. Key issues on appeal included the trial court's denial of motions to disqualify the District Attorney General's office due to a former defense attorney joining the prosecution, and to suppress the appellant's statements and evidence from a warrantless search of his home. Coulter also challenged the admissibility of his letters to the victim, expert psychological testimony regarding his mental state, and jury instructions. The appellate court affirmed the conviction, finding no reversible errors and concluding that the evidence, including proof of marital discord and the appellant's pre-offense threats, was sufficient to support the finding of premeditation despite the defense's diminished capacity claim.

Criminal AppealFirst Degree MurderPremeditationDiminished Capacity DefensePsychological EvaluationClosed Head InjuryMiranda RightsWarrantless Search ExceptionPlain View DoctrineProsecutorial Conflict of Interest
References
185
Case No. MISSING
Regular Panel Decision

Beckman v. United States Postal Service

Plaintiff Michael Beckman brought a "hybrid" action against his employer, the United States Postal Service (USPS), and his union, American Postal Workers Union-New York Metro Area Postal Union. Beckman alleged that the USPS improperly transferred him in violation of a collective bargaining agreement (CBA) and that the Union breached its duty of fair representation by withdrawing his grievance without adequate cause. The core of the dispute stemmed from Beckman's loss of maintenance craft seniority after a two-year supervisory role, which led to his removal from a preferred duty assignment in favor of more senior employees. The Court found that the Union's decision to withdraw the grievance was justified given the CBA's seniority provisions, and thus did not constitute a breach of its duty. Consequently, the claim against the USPS also failed. The Court granted summary judgment for both defendants, dismissing the complaint in its entirety.

Hybrid ActionPostal Reorganization ActCollective Bargaining AgreementDuty of Fair RepresentationSummary JudgmentEmployee SeniorityGrievance ProcessArbitration WithdrawalUnion DiscretionLabor Law Preemption
References
98
Case No. M2000-00366-CCA-R3-CD
Regular Panel Decision
Apr 17, 2001

State v. Coulter

Larry Coulter appeals his conviction for first-degree premeditated murder of his wife, Robin Coulter, in Rutherford County. The appeal raises numerous issues, including the trial court's failure to disqualify the District Attorney General's office, denial of motions to suppress statements and evidence from a warrantless search, and evidentiary rulings regarding notes, letters, and witness testimony. The court details the troubled marital relationship, the appellant's threats, the order of protection, and the events leading to the murder and his surrender. Expert psychological testimonies regarding the appellant's mental state and closed head injury were presented and debated. Ultimately, the appellate court affirmed the trial court's judgment, finding no reversible errors and sufficient evidence to support the premeditation finding.

First Degree MurderPremeditated MurderCriminal AppealEvidentiary RulingsMotion to SuppressWarrantless SearchMiranda WarningSequestration of WitnessesExpert TestimonyForensic Psychology
References
134
Case No. FRE 0185879, FRE 0094306
Regular
Dec 20, 2007

RHONDA KAREN GAITHER vs. BECKMAN COULTER, INC., INSURANCE COMPANY OF PENNSYLVANIA

The Appeals Board granted reconsideration to amend an award for Rhonda Karen Gaither. While affirming the 91% permanent disability, the Board added a life pension, increasing the attorney's fees to 15% of the total award, including the commuted value of the pension. The Board adopted the Workers' Compensation Judge's reasoning regarding vocational rehabilitation feasibility and the credibility of expert testimony.

Workers' Compensation Appeals BoardRhonda Karen GaitherBeckman CoulterInc.Insurance Company of PennsylvaniaAIG Claims ServicesInc.Findings and AwardPermanent DisabilityVocational Rehabilitation
References
1
Case No. ADJ3258318 (SFO 0474069) ADJ700135 (SFO 0474070) ADJ1322782 (SFO 0492868) ADJ538807 (SFO 0492869) ADJ2536792 (SFO 0474071) ADJ832436 (SFO 0504416)
Regular
Oct 13, 2011

ALAN GIANOLI vs. BECKMAN COULTER; OLD REPUBLIC; AMERICAN HOME ASSURANCE; AMERICAN MOTORIST, LIBERTY MUTUAL FIRE INSURANCE CO.

This case involves defendants' petitions for reconsideration of a decision awarding applicant temporary total disability. The Board previously granted the applicant's reconsideration, reversing the judge's denial of temporary disability benefits after the cumulative trauma injury. Defendants contended the applicant was not entitled to these benefits, arguing he failed to properly seek reconsideration or was already permanent and stationary. The Board denied the petitions, finding the evidence did not support the defendants' claims that the applicant intended to retire at his termination. The Board also rejected Old Republic's attempt to introduce evidence not previously part of the trial record.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent and StationaryAgreed Medical ExaminerCumulative Trauma InjuryLayoffModified DutyJudicial NoticeFindings and Award
References
0
Case No. MISSING
Regular Panel Decision
Mar 19, 2013

Beckman v. Keybank, N.A.

Plaintiffs, former Relationship Managers for KeyBank, filed a class and collective action claiming unpaid overtime wages under the FLSA and various state laws. After extensive arm's-length negotiations and mediation, the parties reached a $4.9 million settlement. The Court granted final approval of both the class action and FLSA settlements, finding them procedurally and substantively fair, reasonable, and adequate. Additionally, the Court approved attorney's fees of $1,617,000, reimbursement of litigation expenses totalling $38,928, and service awards for the named plaintiffs, recognizing the complexities, risks of litigation, and the positive class reaction to the settlement.

Wage and Hour LawOvertime WagesClass Action SettlementFLSA (Fair Labor Standards Act)Misclassification (Exempt Employees)Rule 23 Class CertificationCollective Action (29 U.S.C. § 216(b))Attorney's FeesService AwardsSettlement Approval
References
89
Case No. ADJ3174060 (POM 0298614) ADJ1144360 (POM 0298615) ADJ4338662 (POM 0298616)
Regular
Jan 17, 2014

ALEJANDRO BRAVO vs. A. W. COULTER, INC.; NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant's Petition for Reconsideration because it was not taken from a "final" order that determined substantive rights or liabilities. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The decision to dismiss the reconsideration petition is based on established legal definitions of final orders in workers' compensation cases. The denial of removal adopts the reasoning of the administrative law judge.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityNon-Final OrderProcedural DecisionEvidentiary DecisionAdministrative Law Judge
References
9
Case No. VNO 0365922
Regular
Mar 03, 2008

NANCY COULTER vs. SULPHUR SPRINGS UNION SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a WCJ's award, arguing injury to her psyche, neck, shoulders, and cardiovascular system, in addition to her teeth. The Appeals Board granted reconsideration to amend the finding of injury to specifically include "teeth (bruxism) resulting in myofascial pain to her jaw and muscle tenderness." Ultimately, the Board affirmed the original award, finding no industrial injury to the psyche, neck, shoulders, or cardiovascular system, relying on the credibility of a witness and substantial medical evidence.

Workers' Compensation Appeals BoardSulphur Springs Union School DistrictCalifornia Insurance Guarantee AssociationFindings and Awardpermanent disabilitypsychiatric injurygood faith personnel action defensePetition for Reconsiderationbruxismmyofascial pain
References
2
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