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Case Law Database

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

Case No. 03-02-00524-CV
Regular Panel Decision
Apr 24, 2003

Citizens Insurance Company of America Citizens, Inc. Harold E. Riley and Mark A. Oliver v. Dr. Fernando Hakim Daccach

This case addresses an interlocutory appeal concerning the certification of a class action. Appellants, including Citizens Insurance Company of America, challenged the district court's decision to certify a class action brought by Dr. Fernando Hakim Daccach. Dr. Daccach alleged that Citizens unlawfully sold unregistered securities in Texas, specifically certain life insurance policies (CICA policies) that allowed assignment of benefits to offshore trusts for stock purchases. The Court of Appeals affirmed the district court's class certification order, with a modification to the class definition. The court found that all class certification requirements were met, including proper class definition, the applicability of Texas law without a "most significant relationship" analysis, and the predominance of common issues.

Class ActionSecurities Act ViolationsTexas Securities ActClass CertificationChoice of LawPredominance of Common IssuesTypicalityAdequacy of RepresentationSuperiority of Class ActionInterlocutory Appeal
References
28
Case No. CA 15-01862
Regular Panel Decision
Jun 17, 2016

WELLSVILLE CITIZENS FOR RESPONSIBL v. WAL-MART STORES, INC.

The Appellate Division, Fourth Judicial Department, reversed a lower court's judgment denying a petition from Wellsville Citizens for Responsible Development, Inc. The petitioner sought to annul a negative declaration issued by the Town Board of Wellsville regarding a proposed Wal-Mart Supercenter, citing violations of the State Environmental Quality Review Act (SEQRA). The court found that the Town Board failed to conduct a "hard look" review concerning the project's impact on wildlife, the community character of the Village of Wellsville, and surface water, particularly in relation to an adjacent golf course reconstruction. Consequently, the negative declaration was annulled, and the petition was granted.

SEQRAEnvironmental ImpactNegative DeclarationHard Look ReviewWildlife ConservationCommunity PlanningSurface Water ProtectionLand UseAppellate ReviewArticle 78 Proceeding
References
15
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ7768905
Regular
Sep 13, 2016

TRACEY LOMBARDI vs. SCRIPPS MEMORIAL HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition, which sought disqualification of the administrative law judge, removal, and reconsideration. The disqualification petition was denied as untimely, filed after the swearing of the first witness. The removal petition failed to demonstrate substantial prejudice or irreparable harm. Finally, the reconsideration petition was dismissed because it did not seek review of a final order, but rather an interlocutory procedural decision.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalPetition for ReconsiderationLabor Code Section 5311Appeals Board Rule 10452Untimely PetitionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
0
Case No. MISSING
Regular Panel Decision

Citizens Insurance Co. of America v. Hakim Daccach

This case concerns an interlocutory appeal by Citizens Insurance Company of America and related parties, collectively "Citizens," challenging a district court's order certifying a class action. The underlying suit was initiated by Dr. Fernando Hakim Daccach, alleging that Citizens unlawfully sold unregistered securities, specifically CICA life insurance policies, from Texas without complying with the Texas Securities Act. Citizens contested the class certification on grounds of class definition, an inadequate choice-of-law analysis, and unmet class certification requirements. The appellate court modified the class definition to resolve potential "fail-safe" issues and affirmed the district court's application of Texas law. Ultimately, the court found no abuse of discretion in the certification of the class, affirming the district court's order as modified.

Class ActionSecurities LawTexas Securities ActClass Certification RequirementsChoice of LawPredominance of Common IssuesTypicalityAdequacy of RepresentationSuperiority of Class ActionInterlocutory Appeal
References
27
Case No. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
0
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
0
Case No. ADJ300431 (FRE 0203618) ADJ1896245 (FRE 0203619) ADJ3576423 (FRE 0203620)
Regular
Jan 14, 2014

Sherrill Perkins vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the applicant's petition for removal but granted her petition for reconsideration. Applicant's 40-page petition for reconsideration violated the 25-page limit and lacked good cause for exceeding it. Therefore, the Board will dismiss the petition unless a compliant one is refiled within ten days, while simultaneously addressing the attorney's separate fee reconsideration. The Board found no extraordinary circumstances to justify removal and will proceed with reconsideration after compliance with filing rules.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationJoint Findings and AwardWCJcumulative traumatemporary disabilitypermanent disabilityapportionmentpenalties
References
2
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