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

Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. ADJ1620559 (ANA 0373462)
Regular
Apr 26, 2011

Wayne Johnson vs. Tennant Company, Sentry Claims Service

The Workers' Compensation Appeals Board (WCAB) is ordering applicant's counsel, defense counsel, and the Workers' Compensation Judge (WCJ) to provide sworn declarations regarding an alleged ex parte communication. This communication apparently led the WCJ to vacate a prior submission order, citing the applicant's upcoming surgery and a utilization review denial resolution. The defendant seeks removal, claiming the WCJ improperly obtained this information. The WCAB is also ordering all future correspondence be directed to the Commissioners.

Petition for RemovalOrder Vacating SubmissionDecision after ReconsiderationFindings and AwardIndustrial InjurySpineRight Lower ExtremityPsycheTemporary DisabilityPermanent Disability
References
0
Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
0
Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
2
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. MISSING
Regular Panel Decision
May 07, 1998

In re Harney

The case concerns an appellant declared an incapacitated person under Article 81 of the Mental Hygiene Law, leading to the appointment of both a Guardian of the Person and a Guardian of the Property. The Supreme Court, New York County, issued an initial order and judgment on September 16, 1996, followed by an order on May 22, 1997, denying the appellant's motion to vacate the prior order and judgment. The appellate court unanimously affirmed both the 1996 order and judgment and the 1997 order. The court found that the initial judgment was a proper exercise of discretion given the appellant's inability to manage daily needs and uncooperative behavior. Furthermore, it concluded that the appellant was not prejudiced by any potential non-compliance with Mental Hygiene Law § 81.11 (e), especially since the guardians were subsequently discharged after a second hearing.

Incapacitated PersonGuardianshipMental Hygiene LawAppellate DecisionAffirmationMotion to VacateProperty GuardianPersonal GuardianDiscretionary RulingUncooperative Behavior
References
2
Case No. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
0
Case No. ADJ7785733 ADJ7632939 ADJ6541832
Regular
Apr 03, 2014

JOHN SHEK vs. STANFORD HOSPITAL & CLINICS, ACE INSURANCE, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied John Shek's petition for reconsideration of an order declaring him a vexatious litigant. Shek's three workers' compensation cases have been dismissed or denied by final order, with no viable appeal remaining. The Board adopted the judge's report, finding no significant prejudice from the vexatious litigant declaration and admonishing Shek for attaching excess documents. Shek is now subject to pre-filing requirements for any future filings with the Board.

Vexatious litigantPetition for reconsiderationWorkers' Compensation Appeals BoardInjured workerStanford Hospital & ClinicsAce InsuranceSedgwick Claims ManagementOrder denying reconsiderationPrefiling requirementsWCAB Rule 10782
References
4
Case No. 99 Civ. 3200(DLC)
Regular Panel Decision

Cordius Trust v. KUMMERFELD ASSOCIATES, INC.

The court found Donald D. Kummerfeld, Elizabeth M. Kummerfeld, and Kummerfeld Associates, Inc. in civil contempt for failing to comply with discovery orders and restraining notices. The Kummerfelds repeatedly evaded judgment enforcement by activities such as increasing the mortgage on their Cape Cod property, filing a homestead declaration, and making significant expenditures instead of satisfying the judgment. The court rejected arguments of ambiguous notices and upheld the validity of the restraining orders based on due process considerations. As sanctions, the Kummerfelds were ordered to pay $10,000 for fees and costs, Donald Kummerfeld to complete discovery, and both to provide documentation on their Cape Cod property's value. Failure to comply would result in further remedial and coercive sanctions.

Civil ContemptDiscovery SanctionsPost-Judgment EnforcementRestraining OrdersFraudulent TransferPiercing Corporate VeilNew York C.P.L.R. § 5222Massachusetts Homestead ExemptionAttorneys' FeesMagistrate Judge Order
References
47
Case No. MISSING
Regular Panel Decision
Dec 22, 2008

QBE Insurance v. D. Gangi Contracting Corp.

The Supreme Court, Appellate Division, affirmed an order declaring that plaintiff insurer QBE was not obligated to defend or indemnify defendant general contractor Gangi in a personal injury action. The court found that QBE properly disclaimed coverage due to Gangi's late notice of the underlying accident, which occurred three years prior. Gangi's president, who had contemporaneous knowledge of the worker D’Ambrosi’s severe injuries, failed to promptly notify QBE. The court ruled that the president's knowledge was imputed to Gangi, triggering its duty to notify, and rejected Gangi's excuse of a good faith belief of nonliability given the severity of the injuries and potential Labor Law strict liability. QBE’s subsequent disclaimer was deemed timely, and effective against D'Ambrosi’s counsel despite not specifically addressing D'Ambrosi’s own notice failure.

Insurance DisclaimerLate NoticeGeneral ContractorWorker InjuryImputed KnowledgeCorporate OfficerPolicy BreachSummary JudgmentAppellate AffirmationNew York Law
References
4
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