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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 05, 1980

In re the Claim of Ross v. Standard Milling Co.

This case concerns an appeal from a Workers’ Compensation Board decision, filed on February 5, 1980, which approved a $50 attorney’s fee as a lien upon an award made to the claimant. The claimant had sustained a back injury in March 1978 and received compensation payments from the carrier. After retaining an attorney, a hearing in May 1979 established accident, notice, and causal relationship, formalizing the award already paid by the carrier. The carrier contested the attorney's fee as a lien, arguing the claimant had already received the full award. The Board affirmed the lien, citing relevant case law and Section 24 of the Workers’ Compensation Law. The court ultimately affirmed the Board's decision, with costs to the Workers’ Compensation Board.

Workers' CompensationAttorney's FeesLienAwardAffirmed DecisionStatutory InterpretationNew York LawBoard DecisionInsurance CarrierLegal Services
References
3
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
5
Case No. ADJ791588 (MON 0307563) ADJ349720 (MON 0307567)
Regular
Nov 04, 2013

DIANE VALENZUELA vs. VAN NUYS AWNING COMPANY, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the disbursement of $52,500.00 in attorney's fees following a Compromise and Release agreement. Lien claimant, applicant's former attorneys, sought reconsideration of orders approving the settlement because they failed to protect the lien interests of former counsel. The Workers' Compensation Appeals Board granted reconsideration to amend the orders, requiring the current attorneys or the defendant to hold the attorney fees in trust until a stipulation on division is reached by all relevant attorneys. Jurisdiction is reserved for the WCJ to resolve any fee disputes if not resolved promptly.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationCompromise & ReleaseAttorney FeeWCJPetition for ReconsiderationApplicant's Former AttorneysClient Trust AccountStipulation
References
0
Case No. ADJ8938458
Regular
Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees
References
0
Case No. MISSING
Regular Panel Decision

Daniels v. Monroe County Child Support Collection Unit

This case concerns the priority of four liens against a $7,500 settlement received by Mr. Daniels. The liens include his attorney's charging lien, a workers' compensation lien by Legion Insurance, a child support lien by the Child Support Collection Unit for over $20,000, and a judgment lien by former landlord Robert Dykes. The court, presided over by Justice Andrew V. Siracuse, determined that the attorney's charging lien takes first priority based on logic and public policy, as the attorney created the fund benefiting all lienors. Legion Insurance's workers' compensation lien received second priority, as the Child Support Collection Unit had already had an opportunity to levy on the initial workers' compensation payments. The Child Support Collection Unit was placed third, and Robert Dykes's judgment lien was last. The court rejected arguments that CPLR 5242 (d) gave child support priority over statutory and charging liens in this specific context.

Lien PriorityAttorney's Charging LienWorkers' Compensation LienChild Support LienJudgment LienCPLR 5242 (d)Workers’ Compensation Law § 29Domestic Relations Law § 240Public PolicyEquitable Principles
References
2
Case No. ADJ2808758 (LAO 0794092) ADJ498371 (LAO 0794797) ADJ1598529 (LAO 0794093) ADJ992999 (LAO 0794094)
Regular
Mar 24, 2014

BERNARD JENSEN vs. INTERCARE INSURANCE SERVICES, CALIFORNIA WHOLESALE LENDERS, SANFORD RUIZ, ET AL., GOLDEN EAGLE INSURANCE COMPANY

A former attorney, Dean Donin, sought reconsideration of approved settlements, claiming he was not awarded attorney fees and was not served with the approval orders. The Appeals Board dismissed his petition because Donin failed to file a lien claim for his attorney fees after being substituted out of the case. This failure to file a lien meant he was not on the official address record, thus not entitled to service of subsequent orders. The Board warned Donin that such untimely petitions, often due to a lack of lien filing, waste resources and could lead to sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney FeesLien ClaimantSubsequent Injuries Benefit Trust FundElectronic Adjudication Management SystemWCJ Report and RecommendationLack of StandingUntimely Filing
References
0
Case No. ADJ1233744
Regular
Jul 17, 2012

ARGELIO PEREZ vs. PAUL E. CHANEY and MARLEN CHANEY, individuals dba FIRST CERTIFIED ARBOR CARE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Here's a summary for a lawyer: The Appeals Board granted the lien claimant's Petition for Reconsideration, rescinded the Order Approving Compromise and Release, and returned the matter to the Workers' Compensation Judge. This action was taken because the lien claimant, a former attorney, alleged his lien for attorney's fees was not addressed in the settlement. The Board found good cause to rescind the order due to an unclear record, requiring a hearing to develop evidence regarding lien claims.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseUninsured Employers Benefits Trust FundAttorney's FeesSubstitution of AttorneysWCJ ReportEAMS
References
0
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. ADJ339464 (LBO 0318588)
Regular
Apr 22, 2019

MELVIN DEAN vs. M. B. HERZOG CORP., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimantAttorney FeesTimelinessJurisdictional GroundsPetition to Set AsideExtrinsic FraudMutual Mistake
References
7
Case No. MISSING
Regular Panel Decision

Surdam v. Marine Midland Bank, N. A.

Plaintiff's third-party personal injury settlement funds were placed in escrow by her former attorney, Gerald A. Harley, to cover a workers' compensation lien. Despite the lien being deemed unenforceable by the Vermont Supreme Court, Harley refused to release the funds, asserting a claim for unpaid fees from unrelated lawsuits and a charging lien. Plaintiff sued Harley and Marine Midland Bank, the escrow holder. The Supreme Court granted summary judgment to the plaintiff, allowing the release of funds while preserving Harley's counterclaim. The appellate court affirmed, ruling that a charging lien under Judiciary Law § 475 only applies to proceeds created by the attorney's efforts in the same matter, which was not the case here.

Charging LienAttorney Fees DisputeEscrow AccountWorkers' Compensation LienSummary Judgment AppealJudiciary Law § 475Attorney-Client DisputeProceeds of ActionAppellate DivisionThird-Party Action
References
4
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