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

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
Case No. VNO 0479500
Regular
Aug 06, 2007

RICHARD GREEN vs. SINCLAIR COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address a denied lien claim by the Employment Development Department (EDD). The Board found that the EDD's lien was improperly denied by operation of law, despite the defendant's awareness of it and the applicant potentially receiving duplicate payments. The case is returned to the trial level for further proceedings to determine the merits of the EDD's lien and the issue of duplicate recovery.

EDD lienPetition for ReconsiderationFindings and AwardDuplicate RecoveryLabor Code Section 5815Industrial InjuryTemporary DisabilityPermanent DisabilityUCD BenefitsWCJ Authority
References
1
Case No. ADJ7890528
Regular
Dec 09, 2013

RUBEN CRUZ vs. PACIFIC RIDGE FARMS, ZENITH INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration of a prior decision that allowed a lien for photocopy services. The defendant argued the lien for duplicating already-obtained medical records was improperly allowed. The Appeals Board granted reconsideration, rescinded its prior order, and returned the matter to the trial level. This was because the Board found the photocopy expenses were not reasonably and necessarily incurred when the injury was admitted and the records were duplicative.

Med-Legal Photocopylien claimantPetition for ReconsiderationFindings and Orderrescindedmedical recordsLabor Code Section 4603.2medical-legal costsreimbursementapplicant's injury
References
5
Case No. ADJ8307394
Regular
Nov 16, 2015

ROSALIO ESPARZA-SALAS vs. INTERAMERICAN MOTOR CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves an applicant appealing a decision awarding a lien for the Employment Development Department (EDD). The applicant argued EDD failed to prove its lien was duplicative of permanent disability benefits. The Appeals Board granted reconsideration to further examine the issue. The Board affirmed the original award but deferred the EDD lien, remanding the case for further proceedings to develop evidence on proper notice and potential duplicate payments.

ROSALIO ESPARZA-SALASINTERAMERICAN MOTOR CORPORATIONTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ8307394OPINION AND DECISION AFTER RECONSIDERATIONEmployment Development Department (EDD)lienpermanent disability awardduplicative benefitsMedical Provider Network
References
3
Case No. ADJ2320451 (MON 0300691) ADJ1963249 (MON 0300690)
Regular
Jan 24, 2012

CHARLES SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK PASADENA

The Appeals Board granted reconsideration on its own motion to correct an error in dismissing Charles Smith's petition for reconsideration as untimely. The petition was timely filed on November 21, 2011, at a district office, despite a duplicate filing on November 23, 2011, in San Francisco. Although the petition is now deemed timely, it is denied on the merits for the reasons outlined by the WCJ. The applicant's attorney was admonished for filing duplicate petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAdministrative Law JudgeTimelinessRule 10840(a)Duplicate PetitionSanctionsWCJ's ReportLab. Code
References
4
Case No. ADJ4509383 (RDG 0064048)
Regular
Dec 03, 2019

MICHAEL BRUGHELLI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

This case involves a workers' compensation claim where the defendant, California Department of Corrections and Rehabilitation, sought reconsideration of an award finding the applicant permanently and totally disabled. The defendant argued the applicant was not PTD, the medical opinions were unsubstantiated, and the credit calculation for duplicated payments was incorrect. The Appeals Board granted reconsideration, amending the award to defer the issue of the defendant's credit for duplicated payments, as the existing evidence did not clearly establish entitlement or a basis to overturn stipulations. The Board otherwise affirmed the original award, denying the defendant's other contentions.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationQualified Medical Examinerpermanent total disabilitytemporary disability indemnitypermanent disability indemnityduplicated paymentscredit for overpaymentStipulations
References
11
Case No. ADJ8201128
Regular
May 14, 2013

Barry Swartwood vs. UC DAVIS

This case concerns a lien claimant, ARS Legal, seeking payment for medical-legal copy costs incurred in the workers' compensation case of Barry Swartwood v. UC Davis. The Workers' Compensation Appeals Board (WCAB) denied ARS Legal's Petition for Reconsideration, upholding the Administrative Law Judge's (ALJ) finding. The WCAB determined that the costs were not reasonably or necessarily incurred, citing that ARS Legal obtained duplicate records after defendant Sedgwick had already objected to payment for such duplicative services. Furthermore, the records ARS Legal obtained were incomplete compared to those acquired by the defendant.

Workers' Compensation Appeals BoardBarry SwartwoodUC DavisSedgwickADJ8201128Order Denying ReconsiderationLabor Code section 4621(a)medical-legal copy costsStipulations with Request for Awardlien claimant
References
0
Case No. ADJ1200873 (OAK 0337904) ADJ479879 (OAK 0337905)
Regular
Apr 06, 2009

CARMEN CHACON vs. NATIONAL UPHOLSTERING CO., NATIONAL LIABILITY & FIRE INS. CO.

The Workers' Compensation Appeals Board (WCAB) rescinded an approved Compromise and Release (C&R) agreement due to potential mutual mistake of fact regarding duplicate payments of Temporary Disability Indemnity (TDI) and Unemployment Insurance (UI). Both the defendant and the Employment Development Department (EDD) sought reconsideration, arguing the original order did not adequately protect their interests regarding these duplicate payments. The WCAB found that EDD's due process rights were violated by a lack of proper notice and service regarding the C&R. The matter was returned to the trial level for a new decision to determine if a mutual mistake occurred and to consider EDD's lien.

Workers' Compensation Appeals BoardCarmen ChaconNational Upholstering Co.National Liability & Fire Ins. Co.Employment Development Department (EDD)Compromise and Release (C&R)Order Approving Compromise and Release (OACR)Mutual Mistake of FactDuplicate PaymentsTemporary Disability Indemnity (TDI)
References
10
Case No. MISSING
Regular Panel Decision

Parras v. Ricciardi

This case involves a landlord's motion for an order directing acceptance of a duplicate affidavit of service and issuance of a warrant of eviction, which was denied and the case dismissed due to attorney misconduct and improper service. The court found that the landlord's attorneys submitted a misleading "duplicate" affidavit and failed to properly serve a mentally incompetent, elderly tenant residing in a nursing home. The decision emphasizes the legal and moral obligation of attorneys to inform the court of a respondent's mental incapacity and the requirement for service at the tenant's actual residence. The court highlighted public policy protecting the mentally infirm and warned the law firm against future improper conduct, with sanctions as a potential consequence.

Attorney MisconductService of ProcessDefault JudgmentMental IncapacityGuardian Ad LitemRPAPL 735CPLR 1201CPLR 1203Housing CourtEviction Proceedings
References
20
Case No. MISSING
Regular Panel Decision

Claim of Rakowski v. New York State Department of Labor

Claimant (Rakowski) filed multiple workers' compensation claims over the years, alleging various injuries due to poor workplace air quality and formaldehyde exposure. Her initial 1990 claim for symptoms like dizziness and headaches was denied by the Workers' Compensation Board, a decision affirmed on appeal. Subsequent claims in 1998, alleging fibromyalgia and neurological damage, were also disallowed as duplicative. In 2004, she filed another application for lung nodules and post-traumatic stress. The Board again denied these claims, citing previous litigation, speculative connections due to elapsed time, and lack of evidence for a compensable accident. The appellate court affirmed the Board's decision, finding no abuse of discretion and supporting the Board's findings that the claims were fully litigated, duplicative, or speculative without new evidence.

Workers' CompensationAppellate ReviewOccupational DiseaseFormaldehyde ExposureWorkplace EnvironmentPrior LitigationClaim DenialMedical CausationDuplicative ClaimsStatute of Limitations
References
4
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