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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

Lee Myles Associates Corp. v. Abrams

The petitioners, Lee Myles Associates Corporation and Charles George, filed a CPLR article 78 petition seeking to vacate a determination by the Attorney-General of the State of New York dated June 10, 1982. The Attorney-General had refused to register Lee Myles's franchise offering prospectus due to Charles George's prior felony conviction. Petitioners contended this rejection was arbitrary and violated their due process rights. The court found that the petitioners were denied procedural due process, specifically the opportunity for a full hearing, to confront witnesses, and to subpoena witnesses. Consequently, the court granted the petition to the extent of vacating the Attorney-General's determination and ordered a new de novo hearing on the franchise application, while denying the request for interim relief.

Procedural Due ProcessFranchise Sales ActGeneral Business LawFelony ConvictionAdministrative HearingArticle 78 PetitionDe Novo HearingFranchise RegistrationDue Process RightsProperty Rights
References
20
Case No. ADJ1888124 (SAL 0111884) ADJ3322590 (SAL 0079903)
Regular
Oct 20, 2016

MARIA NUNEZ vs. MANN PACKING COMPANY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT COMPENSATION INSURANCE COMPANY, In Liquidation; STATE OF CALIFORNIA

This case concerns the California Insurance Guarantee Association's (CIGA) liability for an applicant's workers' compensation claims after Fremont Compensation Insurance Company became insolvent. CIGA argued it should be relieved of liability because the State of California, as the applicant's employer through IHSS, constituted "other insurance" under Insurance Code Section 1063.1. The Appeals Board affirmed the WCJ's decision, holding that the State of California does not qualify as "other insurance" under the relevant statutes. This distinction is based on the State not being required to obtain workers' compensation insurance or a certificate of self-insurance like private or other public employers.

CIGAFremont Compensation Insurance Companyliquidationlegally uninsuredother insuranceInsurance Code Section 1063.1covered claimsIn-Home Supportive Services (IHSS)statutory limitationsself-insurance
References
5
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. ADJ162531 (SFO 0487527)
Regular
May 10, 2010

ELIZABETH REIERSTAD vs. VSC SPORTS, CASUALTY RECIPROCAL EXCHANGE, In Liquidation, Administered By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, upholding the initial award of 100% permanent disability and medical treatment for the applicant's industrial injury. The Board also granted the applicant's petition for reconsideration regarding an attorney fee dispute. The prior order concerning the commutation of attorney fees to a lien claimant was vacated and remanded for further proceedings to clarify the settlement agreement between the applicant's former and current attorneys. The Board cautioned the defendant regarding procedural rule violations in their lengthy petition.

California Insurance Guarantee AssociationVSC Sportsindustrial injuryskating instructorleft ankleright foottoepermanent disabilitypermanent total disabilityearning capacity
References
5
Case No. ADJ2300229 (FRE 0183072) ADJ2635018 (FRE 0183073) ADJ3725774 (FRE 0183074)
Regular
Aug 02, 2010

ROBERT D. TULL vs. GENERAL LIGHTING SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, In Liquidation

This case concerns a workers' compensation applicant found to have sustained industrial injuries to his neck and psyche. After initially receiving an award for 48% permanent disability, the applicant petitioned to reopen alleging new and further disability. The Workers' Compensation Appeals Board rescinded the trial judge's decision, finding the applicant 100% permanently disabled with no basis for apportionment. This decision overturned the trial judge's apportionment to prior injuries, emphasizing that the new and further disability was entirely attributable to the California industrial injuries. The matter was returned to the trial level for further proceedings on benefits, attorney fees, and costs.

Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationPetition to ReopenAgreed Medical Examiner (AME)Permanent DisabilityApportionmentSenate Bill 899 (SB 899)Cumulative TraumaNew and Further DisabilityRes Judicata
References
0
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
Case No. OAK 242409, OAK 242410
Regular
Nov 11, 2008

TINA CHASE vs. BOB'S FOAM FACTORY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR NATIONAL INSURANCE COMPANY, BROADSPIRE

The WCAB granted reconsideration, affirming the applicant's award for acupuncture treatment as recommended by Dr. Lin. However, the Board denied attorney fees under Labor Code sections 5814 and 5814.5 due to the defendant's arguments regarding delay and date of injury applicability. The issue of attorney fees under Labor Code section 4607 was deferred pending California Supreme Court decisions addressing similar attorney fee disputes.

Workers' Compensation Appeals BoardBob's Foam FactoryCalifornia Insurance Guarantee AssociationSuperior National Insurance CompanyBroadspirePetition for ReconsiderationAcupuncture TreatmentDr. LinLabor Code section 5814.5Attorney Fees
References
2
Case No. ADJ1857578
Regular
Jun 23, 2009

MIRNA LICEA vs. MINSON CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PHICO INSURANCE COMPANY in liquidation

This case involves a lien claim by Missirian Orthopedic Medical Group, assigned to KM Financial Services, for medical treatment provided to Mirna Licea. The California Insurance Guarantee Association (CIGA), representing the insolvent insurer Phico Insurance Company, denied the lien based on Insurance Code § 1063.1(c)(9), which excludes claims by assignees. The Workers' Compensation Appeals Board denied reconsideration, affirming that the statute clearly prohibits payment to assignees, including medical providers who have assigned their accounts receivable. The Board relied on *Baxter Healthcare Corp. v. CIGA* for the principle that assigned claims are not "covered claims" under the Guarantee Act.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAPhico Insurance Companyliquidationinsolvent insurerlien claimantassigneecovered claimInsurance Code 1063.1(c)(9)
References
4
Case No. ADJ7892653
Regular
Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction
References
5
Case No. AHM 90917 AHM 90918
Regular
Jul 11, 2007

ANGEL SOSA vs. D.W. FOODS, EVEREST NATIONAL INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, VILLANOVA INSURANCE

This case concerns a dispute over reimbursement between an insurer, Everest, and the California Insurance Guarantee Association (CIGA), which is handling claims for a liquidated insurer, Villanova. The Board denied Everest's petition, upholding a prior award for reimbursement from Everest to CIGA. However, the Board granted CIGA's petition to amend the award to include Villanova Insurance as a party defendant.

CIGAEverest National Insurance CompanyVillanova Insuranceliquidationreconsiderationreimbursementbill review chargesjoint and several liabilitycumulative traumadenied due process
References
0
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