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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

Thielmann v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

This case involves motions to dismiss an amended class action complaint filed by former employees (Plaintiffs) against James W. Giddens, as SIPA Trustee for MF Global Inc., and Louis J. Freeh, as Chapter 11 Trustee for MF Global Holdings Ltd., MF Global Finance USA, Inc., and MF Global Holdings USA, Inc. The Plaintiffs allege violations of the federal WARN Act and the New York WARN Act due to employment termination without sufficient notice. The Court granted the SIPA Trustee's motion to dismiss with prejudice, finding the "liquidating fiduciary" principle applicable to MFGI as its statutory purpose was liquidation. However, the Chapter 11 Trustee's motion to dismiss was granted without prejudice and with leave to amend, as the factual record did not conclusively establish that the Chapter 11 Debtors were solely liquidating at the time of layoffs, and the complaint was otherwise deficient. Claims for vacation pay and unpaid wages were dismissed without prejudice to be handled in the claims allowance process.

WARN ActNew York WARN ActClass ActionMass LayoffsPlant ClosingsBankruptcy ProceedingsCorporate LiquidationChapter 11 ReorganizationSIPA TrusteeLiquidating Fiduciary Principle
References
26
Case No. 11 CIV. 0377(CM)
Regular Panel Decision

Pippins v. KPMG LLP

This case concerns a decision granting Defendant KPMG LLP's motion for summary judgment, dismissing Plaintiffs' Fair Labor Standards Act (FLSA) claims with prejudice and their New York Labor Law (NYLL) claims without prejudice. Plaintiffs, current and former Audit Associates at KPMG, alleged that KPMG violated overtime pay requirements by classifying them as exempt. The court, presided over by District Judge McMahon, determined that Audit Associates qualify as "learned professionals" under the FLSA exemption. This conclusion was based on their specialized academic training, customary CPA-eligibility, and the requirement for them to exercise discretion and judgment in performing audit procedures, despite some routine tasks and supervision. The court rejected Plaintiffs' arguments that their work was purely rote and found their duties essential to the accounting profession, thus exempting them from FLSA overtime requirements.

FLSANew York Labor LawLearned Professional ExemptionAdministrative ExemptionAudit AssociatesKPMGOvertime PaySummary JudgmentAccounting StandardsCPA Eligibility
References
39
Case No. ADJ9859125, ADJ10002701, ADJ10647312
Regular
Sep 20, 2018

CHRISTOPHER RENFRO vs. YOUNG'S COMMERCIAL TRANSFER, NATIONAL INTERSTATE INSURANCE, SWIFT TRANSPORTATION

Applicant filed petitions to disqualify the workers' compensation judge (WCJ) alleging bias and prejudice. The Appeals Board denied these petitions as untimely because the trial had already commenced and witnesses were sworn in. Furthermore, the Board found no evidence in the record to support the applicant's claims of bias or prejudice against the WCJ. The matters are returned to the WCJ for further proceedings.

Peremptory ChallengeDisqualification of JudgeWorkers' Compensation Appeals BoardWCAB Rule 10453Labor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10452Bias and PrejudicePro Per ApplicantCumulative Trauma Injury
References
2
Case No. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
0
Case No. ADJ8606673
Regular
Nov 07, 2025

Terence Chrisman vs. AC Transit, Athens Administrators

Applicant Terence Chrisman sought disqualification of a Workers' Compensation Administrative Law Judge (WCJ) alleging prejudice. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's Report and Recommendation, which advised denying the disqualification. Citing various Labor Code sections, Code of Civil Procedure sections, and WCAB rules, the Board found the petition failed to establish a factual basis for bias or prejudice and was potentially untimely. The WCAB clarified that judicial opinions based on evidence or official duties do not constitute bias. Consequently, the Board denied the petition for disqualification.

Petition for DisqualificationWCJBiasPrejudiceLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmityAffidavitDeclaration
References
7
Case No. ADJ1298920
Regular
Dec 05, 2011

TRUDY LEE vs. CHILDREN'S HOSPITAL, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant filed a petition to disqualify the Administrative Law Judge (WCJ) based on alleged enmity and bias demonstrated by comments made at a lien trial. The WCJ acknowledged being overly zealous in settlement discussions and apologized for any outburst but denied bias or prejudice. The Workers' Compensation Appeals Board reviewed the record and found no evidence of bias or prejudgment by the WCJ. Therefore, the petition for disqualification was denied.

WCABPetition for DisqualificationAdministrative Law JudgeEstrinLien TrialEnmityBiasUnqualified OpinionReport and RecommendationOverly Zealous
References
0
Case No. ADJ7818378 ADJ8556286
Regular
Nov 06, 2017

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved Attorney Kyle Nielsen's petition to disqualify Workers' Compensation Judge Geoffrey H. Sims, alleging bias. Nielsen cited the judge's fee award ruling, decision to set a trial, misspelling of his name, and order for personal appearance as evidence of bias. The Workers' Compensation Appeals Board denied the petition, finding no grounds for disqualification. The Board noted the petition lacked a required affidavit and that the cited actions did not demonstrate actual bias or prejudice.

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration
References
0
Case No. ADJ7811956
Regular
Oct 18, 2011

LORI BOZZO vs. SAVEMART, PEGASUS

Applicant petitioned for disqualification of the WCJ, alleging enmity and bias from the attorney due to an incident on September 1, 2011. The WCJ's report stated the incident would not prejudice the attorney or clients, and all decisions are based on evidence. The Appeals Board adopted the WCJ's report, finding no reason to doubt the absence of bias. Therefore, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law Judgeenmity or biasmandatory settlement conferencesReport and Recommendationevidence presentedday in Courtno bias or enmityDENIED
References
0
Case No. ADJ13196307; ADJ13196308; ADJ13196309; ADJ4394404
Regular
Sep 23, 2022

VELEDA BURTON vs. SEE'S CANDIES, TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

The Workers' Compensation Appeals Board denied the Applicant's Petitions for Removal, finding that she failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board also denied a successive petition for removal, as the issues had already been decided. Furthermore, the Petition for Disqualification was denied for lacking specific factual allegations required to establish bias or prejudice on the part of the Workers' Compensation Judge.

Petition for RemovalPetition for DisqualificationWCABWCJextraordinary remedysubstantial prejudiceirreparable harmsuccessive petitionLabor Code section 5311Code of Civil Procedure section 641
References
16
Case No. ADJ2703329 (OAK 0339383)
Regular
Oct 01, 2008

LUZVIMINDA U. SENAS vs. EBMUD and SEDGWICK CLAIMS MANAGEMENT, US Bank and Travelers

The applicant, Luzviminda U. Senas, filed petitions to disqualify Judge Valerie M. Sauban and for automatic reassignment, alleging bias and prejudice. The Workers' Compensation Appeals Board denied both petitions, finding no evidence of bias in the judge's past rulings and noting that the reassignment petition was premature as the case was not yet set for trial. The Board concluded that the judge acted fairly and impartially in prior proceedings.

WCABDisqualificationReassignmentAdministrative Law JudgeSerious and Willful MisconductLabor Code Section 132aIndustrial InjuryPetition for ReconsiderationAffidavitDeclaration Under Penalty of Perjury
References
2
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