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

Case No. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
0
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. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
Case No. MISSING
Regular Panel Decision

Hroncich v. Edison

The City of New York filed a motion for leave to file a brief amicus curiae and for leave to appear amicus curiae on an appeal. The court granted both motions, accepting the proposed brief as filed. For the appearance amicus curiae, the leave was granted only to the extent that the proposed brief was accepted. The City is required to serve two copies and file nineteen copies of the brief within seven days. Chief Judge Lippman did not participate in this decision.

Amicus CuriaeMotion PracticeLeave to AppealBrief FilingProcedural OrderCourt of AppealsNew York Law
References
0
Case No. MISSING
Regular Panel Decision

Matter of New York City Transit Authority v. Transport Workers Union of America, Local 100

New York State United Teachers' motion to file an amicus curiae brief on the appeal has been granted. The proposed brief has been accepted for filing. The brief must be served in three copies and an original and 24 copies must be filed within seven days.

Amicus CuriaeMotion GrantedBrief FilingAppealTeachers Union
References
0
Case No. MISSING
Regular Panel Decision

Matter of Zamora v. New York Neurologic Associates

The Injured Workers Bar Association filed a motion seeking leave to appear as amicus curiae in an appeal. The court granted the motion, accepting the proposed brief for filing. The order specifies that two copies of the brief must be served and nineteen copies filed within seven days.

amicus curiaemotionbrief filingappellate procedurelegal association
References
0
Case No. ADJ10194913 ADJ10194766 ADJ10194759
Regular
Oct 18, 2019

ABRAHAM ANAYA vs. BO ENTERPRISES, INC., dba SIERRA WEATHERIZATION CO., REDWOOD FIRE & CASUALTY INS. CO., c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's petition regarding reimbursement for copying services. The WCAB reversed the original finding that copying the insurer's claims file was not a medical-legal expense, finding it was valid. However, the Board affirmed the denial of reimbursement for the employer's MSDS and additional reprint charges, remanding the case for further proceedings on the reasonable value of copying the insurer's claims file.

Workers' Compensation Appeals BoardMed-Legal LLCJoint Findings and Ordersmaterial safety data sheetinsurance claims filemedical-legal expensesreprint chargessubpoena duces tecumemployment filesKaiser Hospital records
References
0
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
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