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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
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
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. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. MISSING
Regular Panel Decision

Beaumont Independent School District v. Parkerson

Maxie Parkerson filed suit for judicial review of a Workers’ Compensation Commission decision concerning his date of injury, which the Commission determined was January 1, 1993, affecting his eligibility for various income benefits. Parkerson argued the injury date was September 19, 2000, and claimed he was denied benefits due to the erroneous date. The Hearing Officer and appeals panel affirmed the January 1, 1993, date. BISD, Parkerson's employer, filed a plea to the jurisdiction, which the trial court denied, arguing that Parkerson's suit was not subject to the Texas Labor Code's 40-day filing deadline but rather the Texas Government Code's 30-day deadline, requiring filing in Travis County. The appellate court determined that the dispute over the date of injury directly impacted Parkerson's eligibility and amount of benefits, thus falling under Texas Labor Code Section 410.301, making his petition timely filed in Jefferson County. Therefore, the appellate court affirmed the trial court's denial of BISD's plea to the jurisdiction.

Workers' CompensationJudicial ReviewDate of InjuryIncome BenefitsJurisdictionTexas Labor CodeTexas Government CodeTimelinessImpairment RatingPlea to Jurisdiction
References
5
Case No. 15-0019
Regular Panel Decision
Feb 23, 2015

Alexander R. Davis and Rebecca R. Davis v. Texas Mutual Insurance Company

The petitioners, Alexander R. Davis and Rebecca R. Davis, filed a second unopposed motion to extend time to file a petition for review with the Supreme Court of Texas. They are requesting an additional thirty-day extension until March 25, 2015, due to various reasons. These reasons include their co-counsel's heavy workload with prior deadlines and family activities, and the need to analyze the impact of the significant workers’ compensation case, Seabright Ins. Co. v. Lopez. Furthermore, petitioners' counsel and paralegal were incapacitated on the filing date due to an ice storm. Opposing counsel, Matthew B. Baumgartner, has indicated no opposition to this request.

Extension of TimePetition for ReviewAppellate ProcedureSupreme Court of TexasWorkers' CompensationUnopposed MotionCourt of AppealsMotion for RehearingMotion for Rehearing En BancTexas Rules of Appellate Procedure
References
8
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Case No. ADJ8904484
Regular
Mar 13, 2017

MIGUEL CERDA vs. LIVING OPPORTUNITIES MANAGEMENT COMPANY, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a finding that their lien was barred by the statute of limitations under Labor Code section 4903.5(a). The Board determined that the 18-month filing deadline applied because the claimant's last date of service was after July 1, 2013, and the lien was filed approximately twenty months after that date. The Board rejected the claimant's argument that a three-year limit should apply due to continuous service before and after July 1, 2013, citing precedent establishing the last date of service as the relevant date for the statute of limitations. Commissioner Sweeney dissented, arguing that the three-year period should apply to continuous service before and after the July 1, 2013 date to avoid requiring multiple lien filings.

Labor Code section 4903.5(a)statute of limitationslien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Boardadministrative law judgetimely filingcontinuous serviceslast date of service
References
5
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