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

Case No. ADJ9053549
Regular
Sep 21, 2018

KEITH FOURNIER vs. CITY OF TORRANCE

The Appeals Board affirmed the finding of presumptive industrial heart injury for the applicant, Keith Fournier, a police officer, but rescinded the finding of industrial skin cancer. The Board found the WCJ correctly applied the heart trouble presumption under Labor Code section 3212.5. However, further proceedings are required to clarify the applicant's permanent disability rating for actinic keratosis and to fully develop the record regarding temporary disability, including the impact of the applicant's retirement.

WORKERS' COMPENSATION APPEALS BOARDCITY OF TORRANCEKEITH FOURNIERPOLICE OFFICERPRESUMPTIVE HEART INJURYLABOR CODE SECTION 3212.5ACTINIC KERATOSISSKIN CANCERWHOLE PERSON IMPAIRMENTTEMPORARY DISABILITY
References
10
Case No. MISSING
Regular Panel Decision

Commissioners of State Insurance Fund v. Keith Staulcup

This case involves an appeal by Keith Staulcup and entities associated with him (Staulcup defendants) against the Commissioners of the State Insurance Fund (SIF). The SIF sought to recover unpaid workers' compensation insurance premiums and damages for statutory and common-law fraud, alleging that Staulcup made material misrepresentations in the insurance application. The Supreme Court initially granted summary judgment to the SIF. On appeal, the court dismissed the appeal from the order, modified the judgment, and affirmed it as modified. The appellate court found a triable issue of fact regarding mutual mistake concerning the first cause of action for unpaid premiums, thus denying summary judgment on that specific claim. However, it upheld the summary judgment for the second and third causes of action related to fraud, concluding that Staulcup knowingly omitted crucial information.

Workers' CompensationInsurance PolicyUnpaid PremiumsSummary JudgmentAppellate ReviewCorporate EntityPersonal LiabilityMutual MistakeStatutory FraudCommon-Law Fraud
References
12
Case No. 532151
Regular Panel Decision
Dec 09, 2021

In the Matter of the Claim of Keith Whitney

Claimant, Keith G. Whitney, established a workers' compensation claim for various injuries from a December 2013 slip and fall, leading to a recognized need for 24/7 home health aide services. The Workers' Compensation Board affirmed a WCLJ decision finding claimant permanently totally disabled and entitled to ongoing home health aide services, rejecting the employer's arguments regarding apportionment with unrelated multiple sclerosis and the cessation of need after October 2017. On appeal, the Appellate Division affirmed the finding of entitlement to ongoing home health aide services, noting the issue was conclusively decided. However, the Court modified the decision by reversing the award of reimbursement, remitting the matter to the Board to determine the rate and amount of reimbursement for services provided after October 6, 2017, and to address the employer's request for substantiation of services.

Workers' CompensationHome Health AideReimbursementPermanent Total DisabilityCausally-Related InjuryApportionmentJudicial ReviewAppellate PracticeStatutory InterpretationMedical Expenses
References
4
Case No. CA 12-01901
Regular Panel Decision
Jun 14, 2013

CUSTER, KEITH J. v. JORDAN, JONATHAN

Plaintiff Keith J. Custer sustained injuries after falling from a stepladder placed on scaffolding while installing siding on a single-family home. He initiated a Labor Law and common-law negligence action against Jonathan Jordan and Randy Ewings. The property was under a contract of sale between Ewings (seller) and Jordan (buyer), but Ewings retained title at the time of the accident. The Supreme Court initially granted Ewings' motion for summary judgment, dismissing the Labor Law § 240 (1) claim, and denied Custer's cross-motion for partial summary judgment. On appeal, the Appellate Division reversed the lower court's decision, finding that Ewings was an 'owner' for the purposes of Labor Law § 240 (1) because he retained title and derived commercial benefit, thus not qualifying for the homeowner exemption. The court further determined that Custer had met his burden for partial summary judgment on liability under Labor Law § 240 (1) as he was engaged in protected activity, not furnished with requisite safety devices, and the absence of such devices was a proximate cause of his injuries. The claim against Ewings under Labor Law § 240 (1) was reinstated, and Custer's cross-motion for partial summary judgment on liability was granted.

Labor Law 240(1)Owner LiabilityHomeowner ExemptionSummary JudgmentAppellate ReviewConstruction AccidentFall from HeightScaffoldingStepladderWorker Injury
References
30
Case No. MISSING
Regular Panel Decision

Keith v. Scruggs

Plaintiff William Bradford Keith sued Earl Scruggs and Peer International Corporation, alleging breach of an oral agreement from 1963 regarding a banjo instruction book and record album. Keith claimed he co-authored the works and was promised a share of profits and royalties, which he did not receive after Peer purchased the rights from Scruggs and published the works. He predicated federal jurisdiction on the Copyright Acts of 1909 and 1976, seeking co-ownership of federal copyrights. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing the claims do not 'arise under' copyright laws, a contention the court agreed with. The court ruled that actions to establish title do not arise under copyright laws, and the essence of Keith's claims was breach of contract or common law principles, thus belonging in state court, and consequently, the motion to dismiss was granted without prejudice.

Copyright LawFederal JurisdictionSubject Matter JurisdictionBreach of ContractOral AgreementCo-ownership of CopyrightLiterary PropertyMusic PublishingMotion to DismissCopyright Act of 1909
References
9
Case No. MISSING
Regular Panel Decision

Keith v. Black Diamond Advisors, Inc.

Marvin Keith ("Plaintiff") initiated a multi-count action against Black Diamond Advisors, Inc., Pace Holdings, LLC, Steven Deckoff, and James Walker III ("Defendants"), alleging various claims including breach of contract, fraud, and violations of federal securities laws. Keith asserted subject matter jurisdiction based on diversity of citizenship and a federal question. Defendants moved to dismiss the complaint, arguing a lack of complete diversity among the parties and the inapplicability of federal securities laws to the dispute. The court ruled that complete diversity was absent because Pace, a New York LLC, is treated as an unincorporated entity whose citizenship is determined by all its members, including the Plaintiff. Furthermore, the court found that Keith's membership interests in Pace and his acquired Eagle interests did not constitute "securities" under federal law, as he retained a degree of control inconsistent with being a passive investor. Consequently, Keith's federal securities fraud claims were dismissed for lack of subject matter jurisdiction, and the court declined to exercise supplemental jurisdiction over the remaining state law claims.

Securities FraudSubject Matter JurisdictionDiversity JurisdictionLimited Liability CompanyInvestment ContractSecurities Exchange Act of 1934Rule 10b-5Federal Question JurisdictionState Law ClaimsComplete Diversity
References
40
Case No. ADJ7852424, ADJ7938790
Regular
Mar 24, 2015

KEITH RAKONCZA vs. COUNTY OF STANISLAUS

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award for Keith Rakoncza. The Board denied reconsideration, adopting the judge's report which found that the defendant's arguments regarding apportionment and the applicability of Labor Code section 4658(d)(2) were unfounded. The judge found that the defendant's attempt to apportion disability retroactively was unjust and not supported by substantial evidence. Additionally, the judge determined that Labor Code section 4658(d)(2) applied because the defendant failed to make a timely offer of work within 60 days of the applicant's permanent and stationary date.

Workers' Compensation Appeals BoardKeith RakonczaCounty of StanislausYork Risk Services GroupInc.ADJ7852424ADJ7938790Petition for ReconsiderationLabor Code section 4658(d)(2)heart injury
References
1
Case No. CAF 11-00883
Regular Panel Decision
Nov 18, 2011

THURSTON, SHARON v. SKELLINGTON, JR., KEITH C.

Sharon Thurston, the maternal grandmother, sought sole legal and physical custody of a minor child. The Family Court of Oswego County initially granted her petition, but the Oswego County Department of Social Services (DSS) appealed this decision. The Appellate Division, Fourth Judicial Department, determined that the Family Court's custody award lacked a sound and substantial basis, citing the grandmother's extensive history of child protective services reports from 1979 to 2008, which included allegations of medical neglect, unsanitary home conditions, inadequate food provision, and failure to ensure school attendance. Furthermore, the court noted the grandmother's unemployment, health issues, inability to drive, and limited education, which made her ill-equipped to handle the child's diagnosed multiple behavioral and learning disabilities, including ADHD and reactive attachment disorder. Witnesses from DSS, the child's foster mother, and educators all testified to the child's need for constant attention and the deterioration of his behavior during increased visitation with the grandmother. Consequently, the Appellate Division reversed the Family Court's order, denied the grandmother's petition for custody, and remitted the matter for further proceedings.

Child CustodyFamily LawAppellate ReviewBest Interests of the ChildParental FitnessChild Protective ServicesNeglect AllegationsSpecial Needs ChildReversalPetition Denied
References
6
Case No. ADJ8493308, ADJ8529858
Regular
Sep 24, 2015

KEITH KENNARD vs. KAISER FOUNDATION HOSPITAL

This case concerns Keith Kennard's petition for reconsideration of the Workers' Compensation Appeals Board's (WCAB) denial of his claim for psychiatric injury. Kennard alleged his employer, Kaiser Foundation Hospital, caused his injury through harassment and retaliation. The WCAB adopted the Workers' Compensation Judge's report, which found insufficient evidence that employment was the predominant cause of the alleged psychiatric injury, relying on the opinion of a Qualified Medical Evaluator. Consequently, the WCAB denied Kennard's petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportpsychiatric injurycumulative traumadata analystKaiser Foundation HospitalSedgwick CMSdue processfraud
References
0
Case No. MISSING
Regular Panel Decision

Waldron v. Rotzler

Plaintiff Keith Waldron sued Fire Chief Rotzler and the Village of Hancock alleging racial discrimination and due process violations after his property burned down and was demolished without notice. Claims included 42 U.S.C. §§ 1981, 1982, 1983, and various state law torts. The court dismissed most claims, granted summary judgment to defendants on federal civil rights and negligence claims based on qualified immunity and lack of duty, and dismissed the remaining intentional infliction of emotional distress claim for lack of subject matter jurisdiction, effectively ruling for the defendants on all counts.

Civil RightsDue ProcessQualified ImmunityMunicipal LiabilityRacial DiscriminationProperty RightsFire InvestigationIntentional Infliction of Emotional DistressNegligenceConversion
References
43
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