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

Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. MISSING
Regular Panel Decision

In Re Lyondell Chemical Co.

Mrs. Regina Jahnke sought administrative expense status under Bankruptcy Code Section 1114 for payments due under a prepetition private annuity contract from Lyondell Chemical Company, the successor to her late husband's employer, ARCO Chemical Company. Lyondell contended that the contract was not covered by Section 1114, arguing that the payments were general unsecured claims. The Court, presided over by Bankruptcy Judge Robert E. Gerber, agreed with Lyondell. The Court found that the contract did not qualify as a "plan, fund, or program" under ERISA standards, and furthermore, the benefits were not "retiree benefits" as defined in Section 1114(a). Therefore, Mrs. Jahnke's motion for administrative status was denied, and her claim remained a general unsecured claim.

BankruptcyAdministrative Expense StatusRetiree BenefitsAnnuity ContractEmployee Retirement Income Security Act (ERISA)Chapter 11Unsecured ClaimsContract LawCorporate SuccessionJudicial Interpretation
References
17
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ3767421 (SFO 0438615)
Regular
Aug 02, 2010

MICHELLE ROUTSON vs. JOHN EVANS, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that found it lacked jurisdiction over a petition to transfer structured settlement payment rights. The WCAB rescinded the prior decision, holding that the five-year limitation under Labor Code section 5804 does not apply to commutations of compensation payments. Instead, such matters are governed by Labor Code section 5100, which allows the WCAB to commute payments at any time if certain conditions are met. The case is returned to the trial level for the WCJ to determine if the proposed transfer satisfies section 5100 and related Insurance Code provisions.

Structured settlement transferPetition for ApprovalInsurance Code §10134Labor Code §5804commutationWorkers' Compensation Appeals Boardjurisdictionrescindedfive-year limitationLabor Code §5100
References
1
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ9668616
Regular
Oct 05, 2015

FREDRICK KEPLINGER vs. CITY OF UKIAH

The WCAB affirmed the finding of industrial psyche injury for a police officer, holding the employer's arguments regarding insufficient medical evidence unpersuasive as the QME considered applicant's stressors. The Board rescinded the prior award, ruling the applicant was entitled to leave of absence without loss of salary (Labor Code section 4850) until January 15, 2015, when he consented to retirement, due to the employer's premature disability retirement application and the applicant not being permanent and stationary. This decision was based on Government Code section 21164, which prohibits involuntary retirement before the termination of section 4850 benefits or attainment of permanent and stationary status. The applicant was awarded accrued section 4850 benefits totaling $54,135.51 and future medical treatment.

PSYCHE INJURYLABOR CODE SECTION 4850PERMANENT AND STATIONARY STATUSGOVERNMENT CODE SECTION 21164INDUSTRIAL DISABILITY RETIREMENTGOOD FAITH PERSONNEL ACTIONSSUBSTANTIAL EVIDENCEPANEL QUALIFIED MEDICAL EVALUATORTEMPORARY DISABILITYLEAVE OF ABSENCE WITHOUT LOSS OF SALARY
References
2
Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
0
Case No. ADJ2567272 (AHM 0105012)
Regular
Oct 15, 2012

, Applicant, FELIX NINO MOTA vs. ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered by FARA Adjusting Services

Applicant's attorneys requested $51,900 in attorney's fees under Labor Code Section 5801 for work related to a writ of review. The Appeals Board found the declarations supporting the request inadequate due to lack of itemization and justification for the hours and rates. Consequently, the Board may award a fee of up to $16,000, but reserves the right to award substantially less or nothing at all due to the potentially inflated nature of the initial request. Applicant's attorneys must provide detailed itemizations and show good cause to receive any fee.

Labor Code section 5801attorney's feespetition for writ of reviewAppeals Boarddeclarationsitemized billingshourly ratecertified workers' compensation specialistclerical tasksunreasonably inflated
References
9
Case No. MISSING
Regular Panel Decision

Pelham Council of Governing Boards v. City of Mount Vernon

This case addresses a special proceeding initiated by the Pelham Council of Governing Boards, an unincorporated entity comprising the Villages of Pelham and Pelham Manor, the Town of Pelham, and the Pelham Union Free School District. The petitioner sought to annul a resolution adopted by the City Council of the City of Mount Vernon in January 2000, which rezoned a 14.55-acre site for the Sanford Boulevard Redevelopment Project. The core issue was the petitioner's standing to bring the action. The court examined associational standing, noting that while three of the four member municipalities might have individual standing under the Westchester County Administrative Code, the Pelham Union Free School District would not. Ultimately, the court determined that the petitioner failed to demonstrate proper representation of its members' views or a necessity for organizational standing in this context, granting the respondents' defense and dismissing the petition for lack of standing.

Organizational StandingAssociational StandingLand UseZoningMunicipal LawCapacity to SueEnvironmental Review (SEQRA)Mount Vernon City CouncilPelham MunicipalitiesSchool District Standing
References
18
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