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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
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. ADJ2185374 (LAO 0844306)
Regular
May 15, 2014

JOHN DEL PINTO vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board affirmed an arbitrator's decision regarding reimbursement between two cities for medical treatment costs. The arbitrator awarded the City of Glendale 50% reimbursement from the City of Los Angeles for medical payments made. However, the arbitrator denied Glendale reimbursement for cost-containment expenses like bill review and utilization review. Glendale's petition for reconsideration, arguing for full apportionment recovery and reimbursement of cost-containment costs, was denied. The Appeals Board adopted the arbitrator's reasoning, affirming the original award.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLien ClaimantReimbursementApportionmentAgreed Medical EvaluatorMedical Bill ReviewUtilization ReviewCost-Containment Expenses
References
0
Case No. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
1
Case No. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
4
Case No. MISSING
Regular Panel Decision

International Longshoremen's Ass'n v. Hanjin Container Lines, Ltd.

The International Longshoremen’s Association (ILA) petitioned the District Court to confirm and enforce arbitration awards totaling $21,000 against Hanjin Container Lines (HCL) and Hanjin Shipping Co., Ltd. (Hanjin). These awards stemmed from violations of the “Rules on Containers,” which are part of the ILA-New York Shipping Association (NYSA) collective bargaining agreement, mandating the use of ILA longshoremen for container work. Hanjin challenged the awards, asserting that HCL was not bound by the agreement for earlier awards and that the Rules had been declared illegal by the Federal Maritime Commission (FMC). The Court granted ILA’s petition, determining that Hanjin waived jurisdictional objections by participating in arbitration and that various stays issued by the FMC and the D.C. Circuit Court of Appeals kept the Rules in effect during the period the awards were issued.

Arbitration Award EnforcementLabor LawShipping ActContainer RulesCollective Bargaining AgreementFederal Maritime CommissionJurisdiction WaiverPublic PolicyJudicial StaysWork Preservation Agreement
References
12
Case No. MISSING
Regular Panel Decision

Marshall v. Atlantic Container Line, GIE

The Secretary of Labor alleged that Atlantic Container Line (ACL) violated the Age Discrimination in Employment Act (ADEA) by involuntarily retiring employees at age 62, while ACL contended these retirements were exempt under ADEA § 4(f)(2). The court had previously denied summary judgment, noting factual questions regarding whether a 1974 amendment to ACL's pension plan constituted a subterfuge to evade the ADEA and if ACL relied in good faith on administrative regulations. Upon review of stipulated facts, the court found no evidence of subterfuge in ACL's plan amendment, which aimed to create promotional opportunities and harmonize retirement ages. Furthermore, ACL successfully established a good faith defense under the Portal-to-Portal Act, having relied on official administrative regulations despite conflicting advice from a Department of Labor representative. Consequently, the defendants' motion for summary judgment was granted.

Age DiscriminationEmployment ActPension PlanSubterfugeGood Faith DefenseSummary JudgmentMandatory RetirementEmployer LiabilityStatutory InterpretationDepartment of Labor
References
8
Case No. ADJ4280526 (OXN 0148727)
Regular
Dec 09, 2013

CLARA ARBIZU vs. WESTAC, INC., WAUSAU INSURANCE COMPANY

This case concerns an applicant's request for the defendant to prepay the cost of a vocational expert. The Appeals Board affirmed the original decision that defendants are not obligated to prepay these expenses. However, the Board clarified that vocational expert costs are considered medical-legal expenses under Labor Code section 4620 et seq., and defendants are liable for reasonable and necessary expenses incurred for proving or disproving a contested claim. The parties are ordered to proceed with a vocational expert evaluation, with the defendant ultimately responsible for the costs.

ArbizuVocational expertPrepaymentMedical-legal expenseLabor Code Section 4620Labor Code Section 4621Labor Code Section 5811Labor Code Section 5708Ogilvie analysisWhole Person Impairment
References
5
Case No. 03-27303
Regular Panel Decision
May 14, 2004

In Re Ambotiene

Richard J. McCord, as Chapter 7 trustee for Aldona Ambotiene, sought attorneys' fees and costs from Grand Street Realty, LLC and its counsel due to their obstruction of the Trustee's efforts to inspect the Debtor's assets. The Landlord repeatedly refused access to the premises, forcing the Trustee to file a motion to compel. The Court found that the Landlord and its counsel did not act in good faith and caused the Trustee to incur unnecessary expenses in fulfilling his statutory and fiduciary duties. Consequently, the Court granted the Trustee an award of $6,987 in attorneys' fees and $166.79 in costs, totaling $7,253.79, to be paid jointly and severally by the Landlord and its counsel.

Attorneys' FeesCosts AwardedChapter 7 BankruptcyTrustee DutiesCreditor ObstructionSanctionsBankruptcy Code Section 105Good Faith RequirementAsset InspectionFiduciary Duty
References
33
Case No. ADJ1700793 (SAC 0307437) ADJ3714832 (SAC 0307399)
Regular
Jun 13, 2011

JUANITA BRADLEY (Deceased) vs. COUNTY OF PLACER

This case involves a dispute over liability for a medical-legal report cost. The defendant seeks reconsideration of a prior award holding them responsible for Dr. Adelberg's $4,237.50 report. The defendant argues the judge ignored a prior order for an Agreed Medical Evaluation (AME) and that the applicant's attorney improperly proceeded with Dr. Adelberg's exam. The Board granted reconsideration, preliminarily finding it may be inequitable to place the full cost on the defendant, and intends to split the expense between the defendant and applicant's attorney. A dissenting opinion argues the defendant's own correspondence shows an ongoing dispute regarding the AME, supporting the original award of liability.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ReportAgreed Medical EvaluationQualified Medical EvaluatorJoint Findings and AwardLabor Code Section 4062(a)Stipulation and OrderEquitable PowersLien Claimant
References
1
Case No. MISSING
Regular Panel Decision

Tlacoapa v. Carregal

This case involves Gerardo Tlacoapa (Plaintiff) against Robert G. Car-regal d/b/a The Rockologists (Defendant) for unpaid wages and expenses under the Fair Labor Standards Act (FLSA) and New York Labor Law. Following a bench trial in December 2004, the court found the Defendant liable. This decision addresses the Plaintiff's subsequent motions for damages, attorneys' fees, and costs. The court granted the Plaintiff's motion to amend the complaint, adding Robert G. Carregal, Inc. and The Rockologists, Inc. as alter-ego defendants. The Plaintiff was awarded $7,713.50 in compensatory damages for unpaid wages and overtime, plus an equivalent amount in liquidated damages, totaling $15,427.00. However, the request for reimbursement for uniform cleaning expenses was denied. Furthermore, the court granted attorneys' fees and costs, but significantly reduced the requested amounts, ultimately awarding $37,558.00 in attorneys' fees and $2,669.94 in costs, for a combined total of $40,227.94 for fees and costs.

FLSA violationsUnpaid wagesOvertime compensationLiquidated damagesAttorneys' feesLitigation costsAlter ego liabilityEmployer recordkeepingLabor Law violationsJudicial discretion
References
32
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