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Case Law Database

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

Case No. SAC 0269325
Regular
Jan 09, 2008

Jason Tillery, Aaron Tillery vs. CRANSTON STEEL STRUCTURES, LABOR READY, REGION INSURANCE COMPANY

This case involves the deceased worker Stephen Tillery's heirs, Jason and Aaron Tillery, seeking reconsideration of a decision denying them increased compensation due to the employer's serious and willful misconduct. The Appeals Board granted reconsideration, overturning the prior ruling that non-dependent heirs could not recover such benefits, and awarded the heirs $204,366.08 plus costs, less a 30% attorney's fee. The Board clarified that accrued and unpaid compensation, including increased benefits for serious and willful misconduct, passes to the deceased employee's heirs under Labor Code sections 4700 and 4702.

Workers' Compensation Appeals BoardSerious and Willful MisconductNon-dependent heirsIncreased compensationPetition for ReconsiderationLabor Code section 4700Labor Code section 4702Death benefitsAccrued and unpaid compensationAttorney's fee
References
4
Case No. ADJ4347932 (SAC 0166469)
Regular
Sep 13, 2012

KENNETH MCFARLIN (Deceased) vs. STANALAND SHOWER PANS, INC., CALIFORNIA INDEMNITY INSURANCE COMPANY administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to award applicant's attorney the full $4,500 fee. The Board determined that the attorney's fee was earned for representing the injured worker on accrued benefits, which passed to his heirs. Since the heirs agreed to split the net settlement proceeds equally after fees, the attorney was entitled to the entire fee from the $30,000 Compromise and Release. This decision amends a prior order that split the attorney's fee between the heirs.

WORKERS' COMPENSATION APPEALS BOARDKENNETH MCFARLIN (Deceased)STANALAND SHOWER PANSINC.CALIFORNIA INDEMNITY INSURANCE COMPANYGALLAGHER BASSETT SERVICESADJ4347932SAC 0166469OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONTHOMAS L. PLUMB
References
0
Case No. MISSING
Regular Panel Decision

In re the Estate of Beck

Herbert Beck, who died intestate and without known heirs, had established a Totten trust savings account in trust for Camphill Village U.S.A., Inc. Before his death, he withdrew the funds and transferred a significant portion to an individually held certificate of deposit. The Surrogate's Court of Columbia County determined that Beck did not intend to revoke the trust, thus entitling Camphill to the remaining funds. The State of New York appealed, asserting its claim that the funds should escheat to the State due to the absence of heirs. The appellate court reversed, applying new legislation (EPTL 7-5.7) that deems the withdrawal of funds from a Totten trust as a revocation, thereby disallowing Camphill's claim and allowing the Attorney-General's objection.

Totten TrustEstate LawIntestacyEscheatTrust RevocationEPTLSavings AccountAppealsSurrogate's CourtBeneficiary Rights
References
4
Case No. ADJ 819895 [LAO 0852444]
Regular
Sep 02, 2008

GLORIA FOSTER, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Board denied defendant's petition for reconsideration of the June 10, 2008 Opinion and Order, affirming the decision that the defendant must pay the full death benefit to DWD despite payments made to the deceased's heir under a later-invalidated statute.

Workers Compensation Appeals BoardDeath Without Dependents UnitLabor Code section 4706.5Labor Code section 4702(a)(6)(B)unconstitutional statutecredit against death benefitdouble recoveryemployer liabilityheir paymentsestate death benefit
References
2
Case No. ADJ2704105
Regular
Aug 02, 2013

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

The Appeals Board rescinded the WCJ's dismissal of Rachel Alexander's workers' compensation case, which occurred before a merits adjudication due to her death. The Board held that the deceased applicant's death does not prevent the determination of accrued benefits for dependents or heirs under Labor Code section 4700. Dismissal without an evidentiary hearing violated due process, as workers' compensation proceedings do not allow for summary judgment motions. The case was returned for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardReconsiderationDismissalDue ProcessLabor Code section 3202Labor Code section 4700Accrued and unpaid benefitsInjury to respiratory systemInjury to internal systemsHeadaches
References
2
Case No. LAO 0852444, VNO 0517617
Regular
Jun 10, 2008

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted the Death Without Dependents Unit's (DWD) petition for reconsideration, reversing a prior order that allowed the City of Los Angeles Fire Department credit for payments made to a deceased firefighter's heir. The Board ruled that the employer had no authority to take credit for payments made under an unconstitutional statute against the $125,000 death benefit owed to DWD. Therefore, the defendant is ordered to pay the full $125,000 to DWD.

Death Without Dependents UnitDWDLabor Code Section 4706.5Labor Code Section 4702(a)(6)(B)industrial injurydeath benefitcredit for paymentsunconstitutional statutelegislative intentestate of deceased employee
References
2
Case No. ADJ7941094
Regular
Nov 17, 2016

DAVID HIGGINS vs. CITY OF LOS ANGELES

This case concerns the distribution of accrued workers' compensation benefits for the deceased David Higgins. The applicant's daughter, Lisa Higgins, petitioned for reconsideration after the Workers' Compensation Appeals Board (WCAB) awarded benefits equally to her and another individual, Deborah Spirithawk, who was found to be David Higgins' natural daughter. The WCAB denied the petition, upholding the original findings that both women were legal heirs entitled to equal shares, primarily based on the deceased's deposition testimony. The WCAB also noted procedural violations in the petition, including the improper attachment of documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.WCAB Rule 10842(c)Findings and AwardDavid HigginsCity of Los AngelesLisa HigginsDeborah Spirithawk
References
0
Case No. MISSING
Regular Panel Decision

Rosenberg v. Zimet

This case concerns a legal dispute over the ownership and publication rights to "Schindler's List." Plaintiff Marta Erika Rosenberg, claiming ownership as the heir of Oskar Schindler's wife, sought a preliminary injunction to prevent defendants Gary Zimet and M.I.T. Memorabilia from selling a version of the List. Defendants, who acquired the List through an accountant, stated they only intended to sell it, not publish its contents. The court noted the absence of clear documentation regarding the transfer of publication rights. Ultimately, the court denied the preliminary injunction, reasoning that a sale without publication would not violate the plaintiff's common-law copyright, thus failing to demonstrate a likelihood of success on the merits.

CopyrightOwnership DisputeSchindler's ListPublication RightsPreliminary InjunctionCommon-Law CopyrightHistorical DocumentsIntellectual PropertySale of GoodsMotion Practice
References
4
Case No. 2024 NY Slip Op 24164 [84 Misc 3d 995]
Regular Panel Decision
Jun 06, 2024

Bennigson v. Solomon R. Guggenheim Found.

This case involves a dispute over Pablo Picasso's 'Woman Ironing,' with the heirs of Karl Adler suing The Solomon R. Guggenheim Foundation for its return. Plaintiffs allege that Adler, a German Jew, sold the painting under duress during the Nazi era. The court granted the defendant's motion to dismiss, ruling that the claims were barred by the equitable doctrine of laches due to an excessive and unexplained delay in bringing the suit, which prejudiced the defendant. Additionally, the court found that the plaintiffs failed to establish actionable duress under New York law, as the buyer was not a party to the alleged coercion by the Nazi regime. Consequently, the plaintiffs' claims for replevin, conversion, unjust enrichment, and declaratory judgment were dismissed.

Holocaust-Era ArtArt RestitutionLachesDuressNazi PersecutionStatute of LimitationsHEAR ActArt ProvenancePicassoThe Solomon R. Guggenheim Foundation
References
26
Case No. MISSING
Regular Panel Decision

Gunther v. Dinger

Plaintiff, a daughter and heir of August G. Dinger, Sr., initiated an action alleging fraud against the defendants, including the deceased's widow, three other children, and an estate appraiser. The complaint details the conversion of estate assets through securities transactions and the use of mails and interstate telephone lines, claiming violations of RICO, federal securities laws (15 U.S.C. §§ 77q(a), 78j(b)), and various state laws. Defendants filed motions to dismiss, challenging subject matter jurisdiction, the necessity of exhausting state remedies, the impact of pending state probate proceedings, the applicability of federal securities laws to stock sales, the requirement for organized crime involvement in RICO claims, and whether an estate qualifies as an "enterprise" under RICO. The Court denied all motions, finding the arguments frivolous or unfounded.

RICO ActSecurities FraudEstate AdministrationMotion to DismissSubject Matter JurisdictionPendent JurisdictionFraud AllegationsProbate ProceedingsEnterprise DefinitionRacketeering Activity
References
7
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