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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

MacQuesten General Contracting, Inc. v. HCE, INC.

The case involves a dispute between a general contractor, MacQuesten, and a subcontractor, HCE. MacQuesten sued HCE for failing to complete work, while HCE counterclaimed for unpaid work and filed third-party claims against Palmer Court and AMIC for mechanic's lien enforcement. A jury ruled in favor of HCE, awarding substantial damages for unpaid invoices, equipment conversion, punitive damages, and unjust enrichment. MacQuesten moved for a new trial or remittitur, challenging various damage awards. The court granted MacQuesten a new trial on delay damages and unjust enrichment, and reduced the conversion award due to duplication, offering HCE a conditional remittitur. Additionally, the court granted HCE's motion to amend and enforce its mechanic's lien against Palmer Court and AMIC, limiting the lien's scope to unpaid invoices.

Contract disputeSubcontractor agreementGeneral contractor liabilityMechanic's lienJury verdictRemittiturRule 50 motionRule 59 motionDelay damagesConversion claim
References
46
Case No. ADJ9648781
Regular
Oct 19, 2020

VERONICA HERNANDEZ vs. GRAIWER & KAPLAN, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration regarding a lien claimant's disallowed lien. The WCAB rescinded the prior order, finding that the initial dispute may not have been about the "amount of payment" but rather about whether an invoice was a duplicate. Consequently, the WCAB deferred the issue of the lien claimant's entitlement to further payment. The matter was returned to the trial level for further proceedings with admitted exhibits.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantFindings and OrderSecond Bill ReviewDuplicate InvoiceLabor Code section 4603.6(a)Explanation of Review (EOR)Admitted EvidenceDeferred Issue
References
6
Case No. ADJ8064878
Regular
Aug 07, 2018

LATASHA WOODSON vs. COUNTY OF RIVERSIDE

This case involves a lien claimant, Western Imaging Services, seeking payment for copying services. The original judge disallowed the lien, finding the services duplicative and unnecessary, and that the claimant was not a licensed professional photocopier. The Appeals Board rescinded this decision, remanding the case for further proceedings. Key issues to be re-examined include the timeliness and specificity of the defendant's objections to the lien claimant's invoices, and whether the claimant is exempt from professional photocopier registration due to their independent contractor status with the applicant's attorney.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantDuplicative ServicesUnnecessary ServicesLicensed Professional PhotocopierAdministrative Law JudgeContested ClaimMedical-Legal ExpensesLabor Code
References
14
Case No. ADJ10904725 ADJ11254425
Regular
Sep 13, 2019

RODNEY MIKELS vs. REDWOOD EMPIRE GOLF AND COUNTRY CLUB, PROCENTURY INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an order that denied a defendant's petition for costs and sanctions. The defendant sought these based on alleged bad faith billing by a lien claimant for duplicate medical records. The WCJ had denied the petition, finding it moot when the lien claimant withdrew its claim for invoice balances. However, the WCAB found that the defendant's due process rights were violated as the petition also sought costs and sanctions for alleged bad faith, a claim that survived the lien claimant's withdrawal. The case is returned to the WCJ for further proceedings on the defendant's claim for costs and sanctions.

Workers' Compensation Appeals BoardReconsiderationPetition for Non-IBR DisputeLien ClaimantDue ProcessWCJCostsSanctionsAttorney's FeesWCAB Rule 10451.1
References
10
Case No. ADJ6669630
Regular
Jul 23, 2018

ROBERT SAXTON vs. SELECT A SERVICE RETAIL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding a lien claim by Western Imaging Services for copying services. The WCAB found that for most invoices, the defendant waived objections to reasonableness due to untimely and invalid objections. However, the WCAB noted potential issues with two specific invoices (82003-7 and 82003-8) and deferred the final determination of reimbursement for these and other contested invoices. The matter was returned to the administrative law judge for further proceedings on the validity of those specific invoices.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeReimbursementFee ScheduleObjectionsInvoicesReasonable and Necessary
References
5
Case No. ADJ1952983
Regular
Mar 15, 2018

JUAN RIVERA vs. IMPORT EXPORT CACTUS, STATE COMPENSAITON INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of a prior ruling that deemed them to have waived objections to a specific invoice from lien claimant Scandoc Imaging. The WCAB denied reconsideration, finding that the defendant's objection, if any, was untimely, having been filed approximately four years after the invoice was submitted. California regulations require objections to medical-legal billings within 60 days to avoid waiver. Therefore, the defendant waived their objections to the reasonableness of the services and charges for invoice #234447-3.

WCABPetition for ReconsiderationFindings and Orderslien claimantinvoice objectionwaiver of objectionreasonableness of servicesLabor Code section 4622Scandoc ImagingImport Export Cactus
References
2
Case No. ADJ7390533
Regular
Dec 10, 2018

HADA RAMOS vs. PREMIER BUILDING MAINTENANCE SERVICES, CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration to address discrepancies regarding submitted invoices for lien claimant Med-Legal Photocopy. Previously, a decision disallowed certain invoices due to perceived missing documentation, but the lien claimant asserted these were submitted. The Board found good cause to rescind its prior order and the WCJ's award due to potential technical filing issues with EAMS. The case is returned to the WCJ to develop the record concerning the disputed invoices and issue a new decision.

Med-Legal PhotocopyPetition for ReconsiderationOpinion and Decision After ReconsiderationAdministrative Law JudgeFindings and AwardLien ClaimantInvoicesBurden of ProofRecord DevelopmentElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ8127321
Regular
Aug 02, 2018

Miguel Anaya Cortez vs. Chem-Mex Industries Inc., Imperium Insurance Co., Cypress Insurance Company

The Workers' Compensation Appeals Board rescinded a prior decision and returned the matter for further proceedings. The Board found that the lien claimant failed to prove the reasonableness and necessity of its charges for copying services, but that the defendant waived objections due to failing to contest the invoices within the statutory 60-day period. The Board also noted issues with the lien claimant's service of process and the accuracy of certain invoices, requiring further clarification at the trial level. Finally, the Board found that despite defective service of subpoenas and invoices, the defendants had sufficient notice and opportunity to raise objections, thus suffering no prejudice.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderAdministrative Law JudgeDue processLabor CodeSan Diego ImagingChem-Mex IndustriesCypress Insurance Company
References
10
Case No. ADJ9120523
Regular
Jan 25, 2018

Guillermo Reyes Perez vs. Colorama Wholesale Nursery, Zenith Insurance Company

This Workers' Compensation Appeals Board case concerns disputed payments for copying services provided by lien claimant Citywide Scanning Services, Inc. The Board granted reconsideration to amend the original decision based on the WCJ's report. While most of the lien claimant's invoices were deemed satisfied due to failure to request a second review after receiving Explanations of Review (EORs), two invoices were specifically addressed. The Board found the defendant failed to provide valid EORs for services related to Colorama Wholesale Nursery and the California Secretary of State. Therefore, the lien claimant is entitled to full payment for these two invoices, less any amounts already paid by the defendant.

EORLabor Code section 4622WCAB Rule 9794(c)Petition for ReconsiderationLien claimantCopying servicesSecond reviewInvoicesDefendant's answerReport and Recommendation
References
0
Case No. MISSING
Regular Panel Decision

People v. Katakam

The defendant, a former computer consultant, was indicted on multiple computer crime charges for copying proprietary script files from Goldman Sachs before joining J.P. Morgan. The court considered motions to dismiss the indictment, evaluating the sufficiency of evidence for unlawful duplication of computer-related material, criminal possession, and computer trespass under Penal Law article 156. While finding insufficient evidence for computer trespass and one count of unlawful duplication due to the lack of unauthorized access or intent to commit trespass, the court upheld charges for unlawful duplication (based on economic value) and criminal possession. The judge denied the motion to dismiss in furtherance of justice, emphasizing the societal need to deter computer crime despite the defendant's personal consequences.

computer crimeunlawful duplicationcriminal possessioncomputer trespassindictmentPenal LawGrand Juryproprietary softwareGoldman SachsJ.P. Morgan
References
0
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