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

Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
1
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
0
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. ADJ1224922 (MON 0333643) ADJ2871289 (MON 0333644) ADJ6748036
Regular
Jan 21, 2010

MARIA CUPIDO (DECEASED) vs. HEALTHCARE SERVICES GROUP, INC., ZURICH NORTH AMERICA

This case involves a dispute over the appointment of a guardian ad litem (GAL) for the deceased worker's dependents. The defendant sought removal of an ex parte GAL order obtained by one claimant's counsel while another claimant's GAL petition was pending. The Appeals Board granted removal and rescinded the GAL order, finding it invalid on its face and noting questionable conduct by the petitioner's counsel. The matter is remanded for a proper determination of the appropriate GAL for the dependent.

Petition for removalGuardian ad LitemTrusteeEx parteSubstitution of attorneysApplication for Adjudication of ClaimDeath caseDependentWCJRescinded
References
0
Case No. 10-99-028-CV
Regular Panel Decision
Mar 22, 2000

Tommy Jenkins v. Guardian Industries, Corp. and Charles Hicks

Tommy Jenkins, an employee of Guardian Industries, Corp., sustained a workplace injury and was subsequently terminated after failing a return-to-work physical. He filed a lawsuit against Guardian and Charles Hicks, alleging disability discrimination and retaliatory termination related to his workers' compensation claim. The trial court granted summary judgment in favor of the defendants. In this concurring and dissenting opinion, Justice Tom Gray agrees with the majority's decision to affirm summary judgment for Charles Hicks. However, he dissents from the majority's implied reversal of summary judgment for Guardian, contending that Jenkins's proposed accommodations were unreasonable as a matter of law and that no genuine issue of material fact existed regarding Guardian's stated reason for termination. Justice Gray concludes that the trial court's summary judgment for Guardian should have been affirmed.

Disability discriminationRetaliatory terminationWorkers' compensation claimSummary judgmentReasonable accommodationLight duty workEmployment lawCausal connectionAbsentee policyAppellate review
References
9
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
Case No. MISSING
Regular Panel Decision

Feher Rubbish Removal, Inc. v. New York State Department of Labor

The appellate court addressed appeals by the New York State Department of Labor (DOL) concerning judgments that annulled the DOL's determination that prevailing wages must be paid by Feher Rubbish Removal, Inc. and Syracuse Haulers Waste Removal, Inc. for refuse collection, specifically questioning if this applied to private buildings. The court first clarified that the actions were purely for declaratory judgment, not CPLR article 78 proceedings to annul determinations. Interpreting Labor Law § 231 (1), the court found that its plain language and legislative intent did not limit its application to public buildings. Consequently, the court concluded that employers are indeed obligated to pay prevailing wages to employees collecting garbage or refuse from both public and private buildings under municipal contracts. The judgments of the lower court were modified, and declarations were amended to reflect this obligation.

Prevailing WageLabor LawStatutory InterpretationPublic WorksBuilding Service WorkGarbage CollectionRefuse RemovalMunicipal ContractsDeclaratory JudgmentAppellate Review
References
14
Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
Case No. MISSING
Regular Panel Decision

In re Kornrich

Philip J. Shore, beneficiary of an inter vivos trust, through his guardian ad litem, sought the removal of trustee Georgina Vassiliou, Esq., for her failure to account as directed by a prior court order. Vassiliou, who drafted the trust instrument naming herself as grantor and trustee, argued that the trust terms exempted her from accounting during the beneficiary's lifetime. The court found that such a provision, attempting to render a fiduciary unaccountable, is void as against public policy, as expressed in EPTL 11-1.7, and applies equally to inter vivos trusts where beneficiaries cannot protect their interests. The court also denied Vassiliou's motion to dismiss the guardian's petition and her requests for reargument or renewal, finding them procedurally defective and lacking merit. Ultimately, the court granted the application for Vassiliou's removal as trustee and for permission to take and state her account, while denying all of Vassiliou's motions.

Inter Vivos TrustTrustee RemovalFiduciary DutyAccountingPublic PolicyEPTL 11-1.7Guardian ad LitemBeneficiary RightsProfessional EthicsSurrogate's Court
References
18
Case No. ADJ1943415 (LBO 0381428)
Regular
Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

This case involves a lien claimant's petition for removal regarding an order to disclose a global settlement with a co-defendant. The Appeals Board found the procedural record deficient, preventing timely review of the removal petition. Ultimately, the Board granted removal on its own motion to address the "procedural morass." The Board rescinded the WCJ's order reinstating a prior minute order and dismissed the lien claimant's petition as moot, allowing for an in-camera review of the settlement agreement.

Petition for RemovalWorkers' Compensation Appeals BoardLien ClaimantGlobal SettlementConfidentiality clauseNon-Disclosure clauseCompromise and ReleaseMandatory Settlement ConferenceWCJOrder Setting Aside
References
4
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