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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
Feb 04, 1983

Claim of Palumbo v. Transport Masters International, Inc.

The Workers' Compensation Board initially denied a claim due to late filing and lack of advance compensation payment. A subsequently located disability benefits file was reviewed by the Board in the interest of justice. However, the Board found no evidence within this file to indicate a claim for compensation was filed as required by section 28 of the Workers' Compensation Law. The court affirmed the Board's decision, emphasizing that only questions of fact were presented. The court concluded that the Board's factual findings were conclusive as they were supported by substantial evidence in the record.

Workers' Compensation BoardClaim Filing DeadlineDisability Benefits FileSubstantial EvidenceQuestions of FactAppellate ReviewTime LimitationAdvance PaymentSection 28Administrative Review
References
1
Case No. ADJ10110995 (MF)
Regular
Jun 20, 2019

Preston Lee Brown Scott vs. City of Los Angeles

Applicant Preston Lee Brown Scott, previously declared a vexatious litigant, filed multiple documents seeking relief without obtaining the required pre-filing approval. The Workers' Compensation Appeals Board reviewed these filings and found no significant change in circumstances justifying reconsideration of prior rulings. Consequently, the Board issued an order stating that the submitted documents are not accepted for filing. This order reaffirms the pre-filing requirements for vexatious litigants absent representation by a licensed attorney.

Vexatious LitigantPre-Filing OrderAppeals Board Rule 10782In Pro PerApplication for AdjudicationDeclaration of ReadinessPleadingsPetitionLicensed AttorneyChange in Circumstances
References
6
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. ADJ10110995
Regular
Oct 14, 2020

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, THE HARTFORD

The applicant, Preston Lee Brown Scott, was declared a vexatious litigant in 2018 and is subject to a pre-filing order. This order requires him to obtain prior approval from a judge before filing any documents with the Workers' Compensation Appeals Board (WCAB). He has filed multiple petitions for reconsideration without this approval. The WCAB has reviewed these filings and found no significant change in circumstances to warrant acceptance. Therefore, the documents submitted by Mr. Scott are not accepted for filing.

Vexatious litigantPre-filing orderWorkers' Compensation Appeals BoardRule 10430Rule 10782In pro perPetition for ReconsiderationAdjudication of claimDeclaration of readinessPleading
References
16
Case No. 14-00-00391-CV
Regular Panel Decision
Dec 05, 2002

Certain Underwriters at Lloyd's NCS Inc Angela M. Smith, Individually and as Next Friend of Brandon William Hendrix a Minor v. Smith, Angela M. , Individually and as Next Friend of Brandon William Hendrix a Minor

This case involves an order from the Fourteenth Court of Appeals to withdraw previously issued opinions. The initial appeals, filed by Certain Underwriters at Lloyd's, London, and National Convenience Stores, Inc., against Angela M. Smith, were dismissed following a settlement involving a minor and subsequent approval by the trial court. While the court initially vacated its judgment but not the opinions, Angela M. Smith filed a motion for rehearing, which was granted, leading to the withdrawal of the Majority, Concurring, and Dissenting Opinions issued on April 25, 2002. Chief Justice Brister issued a dissenting opinion on this withdrawal, arguing against the narrow interpretation of 'insurable interest' in the context of employer-employee life insurance policies, particularly in light of modern business practices and legislative changes to the Texas Insurance Code. He highlighted concerns about the impact of a previous ruling (Tamez) on potential mass tort litigation and emphasized the need for a liberal construction of insurable interest to reflect current public policy and protect employers from uninsured losses.

Insurable InterestEmployer LiabilityWorkers' CompensationSettlementAppellate ProcedureCase WithdrawalDissenting OpinionTexas Insurance LawCommon Law InterpretationMass Tort Litigation
References
32
Case No. ADJ4599548 (MON 0212034), ADJ1776170 (MON 0224335)
Regular
Sep 17, 2012

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT, AIG, BROADSPIRE, a CRAWFORD COMPANY

Kristian Von Ritzhoff has been declared a vexatious litigant by the Workers' Compensation Appeals Board (WCAB) under California Code of Regulations, title 8, section 10782. This designation requires him to obtain prior approval from the Presiding Judge or the Appeals Board before filing any pleadings, unless represented by a licensed attorney. The WCAB reviewed a Petition for Reconsideration filed by Von Ritzhoff, dated September 10, 2012, and determined it was *not accepted* for filing. This ruling signifies the Board's adherence to the pre-filing order in managing the applicant's litigation activities.

Vexatious litigantPre-filing orderWCABWorkers' Compensation Appeals BoardPetition for ReconsiderationRemovalExtraordinary remedyDeputy CommissionerOgden EntertainmentBroadspire
References
3
Case No. MISSING
Regular Panel Decision

Claim of Jex v. Albion Correctional Facility

A vocational cosmetology instructor, the claimant, sustained a workplace injury in 1994, exacerbating preexisting respiratory issues, and received workers' compensation benefits until October 1995. In 1999, before taking disability retirement, she filed a new claim for an occupational disease caused by workplace air quality dating back to 1989. The Workers’ Compensation Board deemed her occupational disease claim time-barred under Workers’ Compensation Law § 28, a decision upheld after her application for reconsideration was denied. The court affirmed the Board's finding, stating that occupational disease claims must be filed within two years of disablement and awareness of its work-related cause. Evidence from October and December 1995 indicated the claimant's knowledge of the link between her respiratory problems and employment, thus rendering her 1999 claim untimely.

Occupational diseaseUntimely claimTime-barredRespiratory problemsVocational cosmetology instructorWorkers’ Compensation BoardAppealEvidence of knowledgeDisablement dateWorkplace injury
References
2
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. MISSING
Regular Panel Decision

In Re Beecham

This Memorandum Opinion and Order addresses the application of Donna R. Beeeham for a waiver of the Chapter 7 filing fee. Ms. Beeeham, a debtor with a reported monthly income of $804 and expenses of $1075, had filed her petition along with the fee waiver application. A hearing was held on November 16, 1994, to assess her entitlement to an In Forma Pauperis waiver, during which she disclosed a pending Workers' Compensation claim and substantial medical debts. The court, presided over by Judge G. Harvey Boswell, ultimately denied the application, citing Federal Rule of Bankruptcy Procedure 1006(b)(3). This rule mandates that the filing fee must be fully paid before an attorney receives payment for bankruptcy-related services, and Ms. Beeeham had paid her attorney a $500 fee, thus indicating an ability to pay the filing fee, even if borrowed. Consequently, she was ordered to pay the $160 filing fee within thirty days or file an installment payment application to prevent case dismissal.

Chapter 7 BankruptcyFiling Fee WaiverIn Forma PauperisBankruptcy ProcedureDebtor's Attorney FeesAbility to PayInstallment PaymentsCase Dismissal AvoidanceWestern District of TennesseeJudicial Conference Pilot Program
References
9
Case No. MISSING
Regular Panel Decision

MTA Bus Non-Union Employees Rank & File Committee ex rel. Simone v. Metropolitan Transportation Authority

The MTA Bus Non-Union Employees Rank and File Committee, along with fourteen individual plaintiffs, brought an action against the Metropolitan Transportation Authority (MTA) and MTA Bus Company (MTA Bus) concerning pension benefits. Plaintiffs asserted claims including violations of the Equal Protection Clauses of the United States and New York State Constitutions, two distinct breaches of contract, a violation of Section 115 of the New York Civil Services Law, and negligent misrepresentation. The court granted the defendants' motion for summary judgment on all claims and denied the plaintiffs' cross-motion for summary judgment. The court found that the pension benefit classifications had a rational basis, the contract claims were defeated by unambiguous plan documents, the Civil Services Law claim lacked jurisdictional basis, and the negligent misrepresentation claim was invalid as it was based on future promises.

Equal Protection ClauseRational Basis ReviewSummary JudgmentPension BenefitsBreach of ContractMTA Bus CompanyMetropolitan Transportation AuthorityNon-Union EmployeesNew York Civil Service LawNegligent Misrepresentation
References
24
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