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

Case No. Court File No. 14
Regular Panel Decision

Lockheed Martin Energy Systems, Inc. v. Slavin

The court addresses Plaintiff Lockheed Martin Energy Systems, Inc.'s motion for sanctions against Defendant Edward A. Slavin, Jr., an attorney who represented himself in a collection action. The underlying litigation sought to compel Mr. Slavin to repay over $27,000 in attorney fees as ordered by the United States Department of Labor (DOL). Mr. Slavin's answer and subsequent filings were found to be 17 pages long, replete with frivolous, baseless, irrelevant, and offensive claims, personal attacks against Lockheed and its counsel, and a disregard for court procedures and prior rulings. The court found Mr. Slavin violated Rule 11 in six specific ways, including asserting frivolous challenges to jurisdiction and defenses, denying ARB authority, and engaging in personal attacks. Citing Mr. Slavin's history of similar conduct before administrative law judges, the court imposed sanctions: a public reprimand, a written apology to opposing counsel and plaintiff, payment of Lockheed's reasonable attorney fees and expenses, and a suspended monetary sanction of $10,000 to the Clerk of Court, conditioned on future compliance with Rule 11 standards.

Rule 11 SanctionsFrivolous LitigationProfessional MisconductAttorney DisciplineCivil ProcedureAbuse of ProcessPersonal AttacksJudicial ResourcesContempt of CourtWhistleblower Litigation
References
21
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. 10-19-00056-CV
Regular Panel Decision
Apr 03, 2019

Lowell Quincy Green v. State

The Tenth Court of Appeals dismissed an appeal filed by Lowell Quincy Green, who attempted to bring civil conspiracy and contempt claims against the State of Texas and several individuals. The court determined it lacked jurisdiction because Green's filing constituted an original petition, not an appeal from a final judgment or appealable interlocutory order from a trial court. Texas law dictates that appellate courts generally only have jurisdiction over final trial court decisions. The court explicitly warned Green that his filing was frivolous and that further similar actions could result in sanctions. Additionally, the court ordered the forfeiture of Green's good-time credit under the Texas Government Code due to the frivolous nature of the proceeding.

JurisdictionAppellate ProcedureCivil ProcedureFrivolous LitigationSanctionsAbuse of ProcessTexas CourtsCourt of AppealsOriginal PetitionFinal Judgment Rule
References
14
Case No. MISSING
Regular Panel Decision

Gaspard v. Beadle

Marshall “Mitch” Gaspard, an attorney, sued Diane Christina Beadle for unpaid legal fees. Beadle counterclaimed for fraud and intentional infliction of emotional distress, also naming Kenneth Lupo, her attorney, as a defendant for frivolous claims. The jury found in favor of Beadle on fraud and emotional distress, awarding her actual, mental anguish, and exemplary damages, but found no attorney-client relationship. The trial judge also sanctioned Gaspard for filing a frivolous counterclaim against Lupo. Gaspard appealed. The appellate court reversed the damages awarded to Beadle for fraud and intentional infliction of emotional distress, and consequently the exemplary damages, finding insufficient evidence for fraud and that Gaspard's conduct, while inappropriate, was not “extreme and outrageous” enough to meet the legal standard for emotional distress. However, the court affirmed the sanctions against Gaspard for filing frivolous and harassing pleadings.

Attorney-Client Sexual RelationshipLegal Malpractice AllegationsFraudulent MisrepresentationIntentional Infliction of Emotional DistressFrivolous PleadingsSanctions (Rule 13 Texas Rules of Civil Procedure)Appellate Review of DamagesSufficiency of EvidenceStandard of Conduct for AttorneysExemplary Damages Reversal
References
33
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
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