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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

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
0
Case No. ADJ3602867
Regular
Nov 27, 2012

MANUEL CAMPOS vs. TRICON GROUP, TIG SPECIALTY INSURANCE CO., RISK MANAGEMENT ENTERPRISES, LTD, SEDGWICK CMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LIBERTY MUTUAL, GOLDEN EAGLE INSURANCE CO.

The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. The Board also initiated removal to impose a $500 sanction against Kate Zarutsky and the Law Offices of Shaw, Jacobsmeyer, Crain and Claffey. This sanction, payable to the General Fund, was based on Labor Code section 5813 and Appeals Board Rule 10561. The sanctions were paid in full without objection, and the Board's decision confirms this payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardRemovalNotice of Intention to Order Payment of SanctionsLabor Code Section 5813Appeals Board Rule 10561Sanctions PaidDecision After RemovalGeneral Fund
References
0
Case No. ADJ1601260 (VNO 0434802)
Regular
Dec 15, 2008

SIMON GARCIA, JR. vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration to allow attorney fees on the applicant's life pension award. While affirming the original award, the Board deferred the issue of attorney fees pending an investigation into whether counsel adequately notified the applicant of his right to independent counsel and counsel's adverse interest per CCR §10778. The WCJ will determine compliance with this notice requirement upon remand.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityAttorney FeeLife PensionReopening ClaimLien ClaimantWCJAdverse Interest
References
0
Case No. ADJ9740236
Regular
Nov 13, 2015

BENNY NATHAN vs. STAR VIEW COMMUNITY SERVICES, ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order of sanctions against applicant's attorney. The attorney was sanctioned $1,350 for failing to appear at a Mandatory Settlement Conference and subsequently causing trial delays. The Board found the sanctions were improperly issued without proper notice and an opportunity to be heard, violating due process under WCAB Rule 10561. The matter is returned to the trial level for further proceedings and a new decision regarding sanctions.

Workers' Compensation Appeals BoardLabor Code Section 5813Sanctions OrderDue ProcessNotice and Opportunity to Be HeardWCAB Rule 10561Petition for ReconsiderationRescind OrderReturn to Trial LevelDeclaration of Readiness to Proceed
References
0
Case No. ADJ1862937 (VNO 0503723)
Regular
May 07, 2012

TRAVIS GRANT vs. SIERRACIN CORPORATION (PPG INDUSTRIES), administered by AVIZENT RISK

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to revive a December 9, 2008 dismissal order, arguing it was valid under Appeals Board Rule 10852. However, the Board found this dismissal order void *ab initio* because it was issued without the required notice of intention to dismiss and opportunity to be heard, as mandated by CCR Title 8, Section 10582. Therefore, the prior finding that the applicant's claim had not been dismissed was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactOrder of DismissalRule 10852Rule 10582Lack of ProsecutionNotice of Intention to DismissVoid Ab InitioAdministrative Law Judge
References
0
Case No. ADJ1677684
Regular
Feb 04, 2011

RENEE HOLLOWAY, vs. ROSS STORES; SEDGWICK CMS,

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The claimant's attorney, Jerry Jacobson, sought to increase his awarded attorney fees from $4,800 to $6,000, alleging the original order conflicted with the compromise agreement. However, the Board found the petition non-compliant with CCR §10778 for failing to provide proof of service on the applicant regarding the attorney's adverse interest and the applicant's right to independent counsel. Consequently, the petition was dismissed on this procedural ground.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationCompromise and ReleaseAttorney FeesAdverse InterestIndependent CounselProof of ServicePetition for ReconsiderationDismissal
References
0
Case No. ADJ4163196
Regular
Jan 07, 2010

ARTURO SANTIAGO vs. AYALA CONSTRUCTION, CLARENDON NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order that denied a lien claimant's claim and ordered them to pay the defendant's attorney fees. The Appeals Board found the WCJ erred by not following the required procedural steps for awarding attorney fees under Labor Code section 5813 and Rule 10561, specifically the lack of a written application and sufficient findings. While affirming the denial of the lien claim, the Appeals Board amended the order to strike the award of attorney fees against the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of Fact and OrderWCJAttorney's FeesLabor Code Section 5813Bad-faith ActionsFrivolous TacticsUnnecessary Delay
References
0
Case No. ADJ7782081
Regular
Nov 06, 2013

IGNACIO PIMENTEL vs. CASA LA GOLONDRINA, PUBLIC SERVICE MUTUAL INSURANCE COMPANY, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, affirming the WCJ's finding that the applicant sustained an injury arising out of and in the course of employment. The defendant argued the applicant's testimony was not credible and alleged fraud based on new evidence from co-workers. However, the Board found the evidence, including co-worker testimony and the employer's report, supported the applicant's account. The Board also found the defendant's petition did not meet the requirements for newly discovered evidence or fraud under CCR § 10856.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibilityGarza v. Workmen's Comp. App. Bd.course of employmenttemporary disabilityfurther medical treatmentsubstantial evidenceapplicant's testimonynewly discovered evidence
References
1
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
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