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

Case No. No. 82 Civ. 7860
Regular Panel Decision

Becker v. Dunkin' Donuts of America, Inc.

Richard Becker, a prolific litigant with a history of age discrimination claims, sued Dunkin' Donuts for violating the Age Discrimination in Employment Act (ADEA) after being rejected for two positions. Dunkin' Donuts moved for summary judgment, an injunction against future applications and lawsuits, contempt of court for a prior unpaid sanction, and attorney's fees. The court granted summary judgment to Dunkin' Donuts, finding Becker failed to establish a prima facie case of discrimination or retaliation. The court also issued a broad injunction, restricting Becker from applying for jobs at Dunkin' Donuts and imposing conditions on his future filings in the Southern District of New York and other federal courts against Dunkin' Donuts, due to his vexatious litigation history. Additionally, Becker was held in contempt for failing to pay a previously ordered sanction of $660.65 and was barred from filing further papers until payment. The court declined to award further attorney's fees, considering Becker's financial condition.

Age Discrimination in Employment ActADEASummary JudgmentInjunctionVexatious LitigantContempt of CourtAttorney's FeesEmployment DiscriminationRetaliationPro Se
References
15
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. 535640
Regular Panel Decision
Feb 15, 2024

Matter of Digbasanis v. Pelham Bay Donuts Inc.

Claimant, Anthony Digbasanis, sustained work-related injuries in May 2016 and was later classified with a permanent partial disability but found unattached to the labor market. After reattaching and receiving benefits, the employer and carrier requested further action when claimant stopped working in March 2020, citing COVID-19 and back pain. The Workers' Compensation Board reversed a prior ruling, determining claimant voluntarily withdrew from the labor market and rescinded benefits from March 2020. On appeal, the court affirmed the Board's decision, holding that the 2017 amendment to Workers' Compensation Law § 15 (3) (w) did not apply to relieve claimant of demonstrating ongoing labor market attachment, and finding substantial evidence supported the Board's conclusion of voluntary withdrawal.

Workers' Compensation BenefitsPermanent Partial DisabilityVoluntary Withdrawal from Labor MarketLabor Market AttachmentWage-Earning CapacityStatutory InterpretationCOVID-19 ImpactMedical Evidence SufficiencyAppellate ReviewReduced Earnings Benefits
References
11
Case No. ADJ7486913, ADJ7486895
Regular
Dec 18, 2013

EMMA RECINOS vs. DONUT DELIGHT, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The Board found that the original decision incorrectly failed to apportion permanent disability between two distinct industrial injuries sustained by the applicant. Consequently, the case was returned to the trial level for further proceedings and a new decision, to address issues including apportionment and whether the applicant's condition is permanent and stationary. The Board did not rule on the permanence of the applicant's condition, deferring that to the trial level.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and Awardindustrial injuryapportionmentpermanent disabilitytemporary disabilitypermanent and stationaryrescindedreturned to trial level
References
1
Case No. MISSING
Regular Panel Decision

Viera v. Gaiety Donut Shop, Inc.

MISSING

References
0
Case No. ADJ8109183
Regular
Nov 27, 2012

SANDY CRYSTALES vs. FOSTERS' DONUTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed from a non-final interlocutory order, not a decision determining substantive rights or liability. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The Board noted the petition was not verified and was considered frivolous, potentially drawing sanctions. Consequently, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightIrreparable HarmFrivolous PetitionSanctionsVerified PetitionLab. Code
References
11
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. STK 0194527 STK 0194529
Regular
Sep 26, 2007

SHANNON GOODWIN vs. KRISPY KREME DONUTS, CALIFORNIA INDEMNITY INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior award, finding that the medical reports from Dr. Henrichsen were inadmissible as they were not from a treating physician or a panel Qualified Medical Evaluator. The Board further determined that Dr. Govett's apportionment opinion did not constitute substantial evidence due to insufficient consideration of prior injuries and confusion regarding apportionment requirements. The case is remanded for further development of the record regarding permanent disability and apportionment.

Workers' Compensation Appeals BoardIndustrial InjuriesPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Admissibility of EvidenceSubstantial EvidenceTreating PhysicianLabor Code Section 4663Brody v. Workers' Comp. Appeals Bd.
References
11
Case No. ADJ7781702; ADJ7781654; ADJ7781697
Regular
Sep 22, 2022

ANA ALVARADO vs. YUM YUM DONUT SHOPS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Tower Imaging DBA Tower Copy sought reconsideration of an administrative law judge's decision finding their petition for medical-legal expenses untimely and the services not reasonably incurred. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the matter. Subsequently, Tower Copy and Liberty Mutual Insurance Company entered into a stipulation to settle the disputed $7,539.82 balance for $3,000.00. The WCAB approved this stipulation, rescinding the prior findings and ordering the settlement as full and final resolution of the dispute.

WCABTower ImagingTower Copymedical-legal expensesPetition for Determination of Non-IBR Medical Legal Disputeuntimely filedreasonablyactuallyand necessarily incurredStipulation
References
0
Case No. ADJ552885
Regular
Nov 10, 2009

TERRIE O'SHAUGHNESSY vs. WINCHELL'S DONUT HOUSE, U.S. FIRE INSURANCE, CRUM & FORSTER

Reconsideration granted; Findings and Award of August 31, 2009 rescinded; matter returned to trial level.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLien ClaimantCompromise & ReleaseHold HarmlessUnreasonable DelayStipulation and AwardRescindedTrial Level
References
0
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