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

Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. ADJ-4279077 (SDO 0317244)
Regular
Jun 09, 2016

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) issued a Decision After Removal ordering the striking of three sets of documents from the EAMS record. These documents pertained to San Diego Superior Court Case Number 37-2016-00006537-CU-IC-CTL and were submitted without objection. The WCAB previously issued a Notice of Intention to Strike these documents, stating they would be removed unless good cause to the contrary was shown. No objections were received from the parties or the identified attorneys.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS recordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyLiquidationSan Diego Superior CourtObjectionGood Cause
References
1
Case No. MISSING
Regular Panel Decision

In Re Texaco Inc.

Texaco Inc. and its two subsidiaries, Texaco Capital Inc. and Texaco Capital N.V., filed for Chapter 11 bankruptcy. Texaco sought to extend the exclusive periods for filing a reorganization plan, citing the massive size of the case, over 300,000 creditors, and the pending appeal of a $10.3 billion judgment against it by Pennzoil Company. Pennzoil, a leading general unsecured creditor, moved to reduce these exclusivity periods to propose its own creditor's plan. The court, presided over by Bankruptcy Judge Howard Schwartzberg, considered the unprecedented size and complexity of Texaco's bankruptcy case, which is the largest ever filed in the U.S., and the unresolved multi-billion dollar Pennzoil judgment. The court found that Texaco had established sufficient cause for an extension, while Pennzoil failed to demonstrate cause for reduction. Consequently, Texaco's motion to extend the exclusivity periods by another 120 and 180 days was granted, and Pennzoil's motion to shorten them was denied.

BankruptcyChapter 11Exclusivity PeriodPlan of ReorganizationCorporate DebtorsComplex LitigationDebtor-Creditor DisputeJudgment AppealSouthern District of New YorkCorporate Restructuring
References
12
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
11
Case No. 13-05-729-CV
Regular Panel Decision
Apr 05, 2007

Employees Retirement System of Texas v. Xavier Duenez and Irene Duenez

The Employees Retirement System of Texas (ERS) filed an interlocutory appeal after the trial court denied its motion to dismiss in a lawsuit. This lawsuit was initiated by Blue Cross Blue Shield of Texas (BCBS) against Xavier and Irene Duenez, seeking to recover a portion of a third-party settlement the Duenezes had obtained. BCBS was acting as ERS's administering firm in this action. ERS contended that it possessed exclusive jurisdiction over such subrogation disputes under the Texas Employees Group Benefits Act. However, the appellate court meticulously reviewed the ERS Act and found no explicit statutory language granting ERS exclusive authority over subrogation claims. The court concluded that subrogation rights in this context were derived from a contractual Plan Document, not from statute, and therefore, the Legislature had not conferred exclusive authority to ERS to resolve these disputes. Consequently, the court affirmed the trial court's order denying ERS's motion to dismiss, thereby retaining jurisdiction.

SubrogationExclusive JurisdictionAdministrative RemediesStatutory InterpretationTexas LawInterlocutory AppealInsurance BenefitsHealthSelect of TexasDeclaratory JudgmentAttorney's Fees
References
12
Case No. MISSING
Regular Panel Decision

Mournet v. Educational & Cultural Trust Fund of the Electrical Industry

The plaintiff was injured after slipping and falling at premises owned by the Educational and Cultural Trust Fund of the Electrical Industry (ECT), where her employer, Prudential Recreation Corp., doing business as JIB Lanes (JIB), leased space. The plaintiff sued both ECT and JIB. ECT asserted an affirmative defense that workers’ compensation was the exclusive remedy, claiming it was an alter ego of JIB. ECT moved for summary judgment to dismiss the complaint against it, citing Workers’ Compensation Law §§ 11 and 29 (6), (17). The Supreme Court denied the motion, and the appellate court affirmed this denial, ruling that ECT failed to establish prima facie entitlement to judgment as a matter of law, particularly regarding JIB’s control over ECT’s day-to-day operations. Further discovery was also deemed warranted due to ECT's exclusive knowledge of some facts.

Summary JudgmentWorkers' Compensation ExclusivityAlter Ego DoctrinePersonal InjurySlip and FallAppellate ReviewDiscoveryPrima Facie EntitlementEmployer LiabilityRelated Entities
References
4
Case No. MISSING
Regular Panel Decision
Jul 16, 2009

Goode v. Woodside

The plaintiff sued co-employee Scheniqua L. Woodside and Karl L. Abbadessa for personal injuries sustained in a car accident. The plaintiff and Woodside were traveling to a mandatory staff meeting in Woodside's car after returning a company bus, indicating they were co-employees acting within the scope of their employment. The plaintiff received workers' compensation benefits for his injury. Woodside moved for summary judgment dismissal, arguing the action against her was barred by Workers' Compensation Law exclusivity provisions. The Supreme Court denied her motion, but the appellate court reversed, granting summary judgment to Woodside because the plaintiff's action was barred by co-employee exclusivity and he did not suffer a 'grave injury.'

Workers' Compensation LawExclusivity provisionsCo-employee liabilitySummary judgmentPersonal injuryCar accidentScope of employmentGrave injuryAppellate reviewReversal of order
References
7
Case No. MISSING
Regular Panel Decision
Nov 23, 1981

Malone v. Jacobs

This case involves an appeal by defendants Stephen and John Jacobs from a Supreme Court order denying their motion to dismiss the complaint filed by Daniel and Linda Malone. The Malones sought damages for personal injuries Daniel sustained in an automobile accident with Stephen Jacobs, with both men being volunteer firemen responding to an alarm. The appellate court determined that both were acting in the line of duty, making the Volunteer Firemen’s Benefit Law their exclusive remedy. Consequently, the order was reversed, granting defendants leave to amend their answer to assert this exclusive remedy defense, and summary judgment was granted, leading to the dismissal of the Malones' complaint. The court also affirmed that John Jacobs, as the vehicle owner, could rely on the same defense due to vicarious liability.

Volunteer Firemen's Benefit LawExclusive RemedySummary JudgmentAffirmative DefenseAutomobile AccidentPersonal InjuryLoss of ConsortiumLine of DutyVicarious LiabilityMotion to Dismiss
References
6
Case No. MISSING
Regular Panel Decision

Engstrum & Nourse-Stolte v. E.C. Ernst, Inc. (In re E.C. Ernst, Inc.)

E.C. Ernst, Inc. (Ernst), a debtor-in-possession in a Chapter XI bankruptcy proceeding, entered into a subcontract with Engstrom & Nourse-Stolte (ENS) for electrical work. After Ernst filed for bankruptcy, a Supplemental Agreement allowed Ernst to continue the project. ENS later filed a Proof of Claim for expenses, which Ernst moved to expunge or allow only as a general unsecured claim. Both parties filed cross-motions for summary judgment regarding the priority of ENS's claim and the interpretation of their agreements. Additionally, Ernst sought to expunge ENS's claim for failure to produce documents. The court denied both motions for summary judgment, citing disputes over the intent behind the Supplemental Agreement and potential breach of contract, and directed ENS to comply with document production.

Bankruptcy ActChapter XI ReorganizationExecutory ContractsSummary JudgmentDebtor-in-PossessionSubcontract AgreementProof of ClaimPriority ClaimContract InterpretationDocument Production
References
13
Case No. MISSING
Regular Panel Decision

Hector Garza v. Zachry Construction Corporation, Zachry Industrial, Inc., Gilbert Morales and Anthony Rodriguez

Hector Garza, a DuPont operator, was injured in a railcar accident involving Zachry Construction Corp. employees, Gilbert Morales and Anthony Rodriguez. Garza received workers' compensation benefits from DuPont and subsequently sued Zachry, Morales, and Rodriguez for negligence. The defendants moved for summary judgment, asserting that Garza's claims were barred by the workers' compensation exclusive remedy under Texas Labor Code section 408.001, which applies to subcontractors via section 406.128. The trial court granted a take-nothing summary judgment. On appeal, Garza argued that Zachry's employees were not DuPont's "deemed employees" for exclusive remedy purposes and that applying the bar violated the Texas Constitution's open courts provision. The appellate court affirmed the trial court's judgment, finding that the contract between DuPont and Zachry did not negate the "deemed employer" status for workers' compensation purposes and that the workers' compensation benefits constituted an adequate quid pro quo for the relinquishment of common-law claims, thus not violating the open courts guarantee.

Workers' Compensation ImmunityExclusive Remedy BarSubcontractor LiabilityTexas Open Courts ProvisionLabor Code InterpretationSummary Judgment AppealNegligence ClaimsDeemed Employer StatusFellow Employee DoctrineContractual Agreement
References
19
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