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

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. 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. 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. 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. ADJ6621190 (MF)
Regular
Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness
References
0
Case No. ADJ1122093 (SAC 0279029) ADJ988134 (SAC 0267349)
Regular
Nov 20, 2018

BOBBIE SANDERS vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

Applicant Bobbie Sanders, previously declared a vexatious litigant under Rule 10782, filed a Petition for Removal without court approval. Rule 10782 requires pre-filing authorization for pro se litigants, with exceptions for licensed attorneys. The Appeals Board denied the Petition for Removal because there was no significant change in circumstances or new evidence to warrant re-litigation of previously determined issues. Therefore, the document was not accepted for filing.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removalin pro perworkers' compensationEmployment Development DepartmentState Compensation Insurance FundADJ1122093ADJ988134
References
0
Case No. MISSING
Regular Panel Decision
Jan 31, 1990

Claim of Campbell v. McMillan Book Co.

This case involves an appeal from an amended decision by the Workers’ Compensation Board. The Board had previously ruled that the discharge of the claimant’s decedent was not in retaliation for filing a compensation claim. The appellate court found that the claimant failed to meet the burden of proving that the decedent’s discharge was retaliatory. The Workers’ Compensation Board’s conclusion that the decedent was discharged for a valid business purpose, specifically for failing to timely file a required form despite warnings and extensions, was supported by substantial evidence. Consequently, the determination that the employment termination was not retaliatory for filing disability benefits was upheld.

Retaliatory DischargeDisability ClaimEmployment TerminationTimely Filing RequirementBusiness JustificationEvidentiary SupportAppellate ReviewClaim DenialWorkplace Policies
References
2
Case No. MISSING
Regular Panel Decision

In Re LaPlante

In this Chapter 7 bankruptcy proceeding, debtor Bruce G. LaPlante, Jr. filed a motion for reconsideration of a prior order that had dismissed his case. The dismissal was based on his failure to file payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). The court, presided over by Judge Carl L. Bucki, granted the motion for reconsideration and vacated the dismissal order. The judge determined that the statutory requirement to file payment advices applies only to income received from an employer, and since Mr. LaPlante's income derived solely from Social Security disability and Workers' Compensation benefits, neither of which are considered employer-based, the filing requirement was inapplicable. Consequently, the automatic dismissal provision under 11 U.S.C. § 521(i) could not be properly invoked against the debtor.

BankruptcyChapter 7Payment AdvicesDismissalReconsiderationStatutory InterpretationDebtorTrusteeSocial SecurityWorkers' Compensation
References
2
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
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