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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 0326274
En Banc
Oct 04, 2004

Janelle Scheftner vs. Rio Linda School District

The Appeals Board holds that orders closing discovery and submission orders issued prior to the enactment of SB 899 on April 19, 2004, are existing orders that cannot be reopened to apply the new apportionment statutes. The decision affirms the WCJ's findings on permanent disability and apportionment under the old law.

SB 899ApportionmentExisting orderSubmission orderReconsiderationPermanent disabilityLabor Code section 4663Mandatory settlement conferenceCausationProspective application
References
35
Case No. SAC 0326274
Significant

JANELLE SCHEFTNER, Applicant vs. RIO LINDA SCHOOL DISTRICT, Permissibly Self-Insured

The Appeals Board affirmed the WCJ's decision, holding that the new apportionment statutes enacted by SB 899 do not apply to cases where an order of submission for decision existed prior to the new law's enactment on April 19, 2004.

SB 899apportionmentexisting ordersubmission orderreconsiderationJanelle ScheftnerRio Linda School DistrictWCJDr. NijjarDisability Evaluation Unit
References
35
Case No. W2022-00239-COA-R3-JV
Regular Panel Decision
Jul 09, 2024

State of Tennessee, ex rel., Alicia Janelle Collins v. Vikramjeet Sethi Singh

The State of Tennessee sought child support for a minor child from Vikramjeet Sethi Singh. The Juvenile Court for Shelby County, finding no reliable evidence of Father’s income, imputed the statutory median gross income. Father appealed, challenging the child support amount and the reliability finding. The Court of Appeals determined that the trial court erred by not adequately assessing Father's income potential separately from his actual income's reliability. Consequently, the appellate court vacated the child support award and remanded the case for further proceedings, emphasizing a proper analysis of Father's income potential or willful underemployment based on specific statutory criteria.

Child Support DisputeIncome Imputation ErrorWillful Underemployment AnalysisParental Earning CapacityAppellate Court DecisionJuvenile Court AppealTennessee Child Support GuidelinesWitness CredibilityFinancial Evidence ReliabilityRetroactive Child Support
References
37
Case No. ADJ6624957
Regular
Aug 09, 2010

JANELLE DEVENNY vs. COUNTY OF SONOMA

The WCAB dismissed the defendant's petition for reconsideration as it was not from a final order. However, the Board granted removal, finding the applicant prejudiced by the WCJ's order to refer the cumulative trauma issue to a new physician. The Board concluded that the existing PQME, Dr. Xeller, demonstrated sufficient understanding of cumulative trauma and had expressed willingness to re-examine the applicant with additional information. Therefore, the WCAB rescinded the WCJ's order and returned the case for further proceedings, including a re-examination by Dr. Xeller.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalIndustrial InjuryCumulative TraumaPanel Qualified Medical EvaluatorAgreed Medical ExaminerMedical Record DevelopmentMedical-Legal DisputesSufficiency of Evidence
References
2
Case No. ADJ10110716
Regular
May 26, 2017

JANELLE JAVANSHIR vs. UCLA MEDICAL CENTER

The Workers' Compensation Appeals Board (WCAB) denied UCLA Medical Center's Petition for Removal in the case of *Javanshir v. UCLA Medical Center*. Removal is an extraordinary remedy, granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would not be an adequate remedy. The WCAB found that the defendant failed to meet this high burden of proof, relying on the Administrative Law Judge's analysis of the merits. Therefore, the petition was denied, and the case will proceed through the standard appeals process.

RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyPetition for RemovalSEDGWICK CLAIMS MANAGEMENT SERVICESUCLA MEDICAL CENTER
References
2
Case No. NO. 14-18-00043-CV
Regular Panel Decision
Jan 28, 2020

San Jacinto River Authority v. Reba Ogletree

Homeowners, whose properties flooded after water was released from Lake Conroe in the aftermath of Hurricane Harvey, sued the San Jacinto River Authority (SJRA) and the Texas Water Development Board in a Harris County district court. They asserted inverse condemnation claims and due process violations. SJRA and the Texas Water Board claimed governmental immunity. The trial court denied SJRA’s motion to dismiss but granted the Texas Water Board’s motion. On interlocutory cross-appeals, the appellate court concluded the district court lacked subject matter jurisdiction over the constitutional inverse condemnation and due process claims, as Harris County civil courts at law have exclusive jurisdiction over such inverse condemnation claims. The court affirmed the dismissal against the Texas Water Board and reversed the order denying SJRA’s plea, rendering judgment dismissing the homeowners’ claims against SJRA for lack of subject matter jurisdiction.

Inverse CondemnationGovernmental ImmunitySubject Matter JurisdictionDue Process ClaimsHurricane HarveyLake Conroe DamEminent DomainAppellate StayTrial Court JurisdictionTexas Government Code
References
48
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