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

Case No. 8 N.Y.3d 892
Regular Panel Decision
Mar 22, 2007

In the Matter of Cagle v. Judge Motor Corporation

This case involves a motion for reargument of a motion for leave to appeal. The initial motion for leave to appeal was previously denied, as referenced in 7 NY3d 922. Kim M. Cagle, as Voluntary Administrator of the Estate of John R. Cagle, Deceased, is the appellant. Judge Motor Corporation and the Workers' Compensation Board are the respondents. The Court of Appeals of the State of New York considered the motion on February 5, 2007, and rendered its decision on March 22, 2007.

Motion for ReargumentLeave to AppealWorkers' CompensationEstateVoluntary Administrator
References
1
Case No. ADJ10302037
Regular
Apr 19, 2017

HORACE WILLIAMS vs. ALAMEDA COUNTY, YORK RISK SERVICES

The applicant, Horace Williams, filed a Petition to Disqualify Judge Christopher Miller prior to an expedited hearing. Following this petition, the case was reassigned to a different judge, Stanley Shields. Consequently, the Appeals Board dismissed the applicant's petition as moot due to the reassignment of the judge. The Board's order reflects that the disqualification petition is therefore dismissed.

Petition to DisqualifyWCJReassignmentMootDismissedExpedited HearingRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeOakland District Office
References
0
Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
5
Case No. ADJ3072125
Regular
Dec 08, 2017

STEPHANIE SEALS vs. OCCUPATIONAL HEALTH MANAGER, CHIRON CORPORATION, TRAVELERS

The applicant sought removal of Judge Lieberman, alleging she ignored prior orders regarding personnel records and showed bias. The WCJ acknowledged the applicant's concerns about potential impropriety due to frank settlement discussions where monetary sums were mentioned. The WCJ recommended reassignment to another judge and the Appeals Board granted the petition for removal. The case is returned to the presiding judge for assignment to a new WCJ.

Petition for RemovalJudge LiebermanJudge MillerPersonnel RecordsBias AllegationAppearance of ImproprietyWCJ RecommendationPanel QMECase AssignmentOakland WCAB
References
0
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
0
Case No. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
0
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision
Apr 19, 2013

Lieberman v. Lieberman

The plaintiff in a matrimonial action appealed two orders from the Supreme Court, Kings County. The first order denied her motion for a new forensic evaluation by a mental health professional from the Appellate Division's directory, and the second denied her motion for a mistrial pursuant to CPLR 4402. The appellate court affirmed both orders, finding no improvident exercise of discretion by the trial court. The court noted the protracted nature of the proceedings, the welfare of the children, and the delay in making the mistrial motion. Additionally, a motion by the respondent to dismiss the appeals was denied.

matrimonial actionforensic evaluationmental health professionalcustody and visitationmistrialappellate reviewjudicial discretionCPLR 440222 NYCRR ruleschildren's welfare
References
4
Case No. ADJ1132003 (LBO 0329486)
Regular
Aug 19, 2013

NICOLE R. CHEATHAM vs. LOMA LINDA UNIVERSITY MEDICAL CENTER, LOMA LINDA HOME CARE

The Appeals Board granted the Defendant's Petition for Removal to overturn an Order that denied its request for automatic reassignment of the case. The Board found that the Presiding Judge erred by denying reassignment based on a prior award issued by Judge Pusey in 2003, as Judge Pusey had not been assigned as the trial judge at that time. The Appeals Board granted the reassignment and ordered the expedited hearing be set before a judge other than Judge Pusey. This decision recognizes the defendant's statutory right to automatic reassignment when a new trial date is set before a judge who has not previously presided over a trial in the matter.

Petition for RemovalAutomatic ReassignmentOrder Denying PetitionExpedited HearingStipulations With Request for AwardCumulative Trauma InjuryPetition to Re-openDeclaration of Readiness to ProceedLabor Code section 5310Cal. Code Regs.
References
1
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