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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Fireman's Fund Insurance v. Farrell

This case involves an appeal and cross-appeal in a legal malpractice action. Defendant James P. Farrell, Jr., a lawyer, represented Six G’s Contracting Corp. in a personal injury action. Farrell failed to timely notify the State Insurance Fund (SIF) of a third-party action against Six G’s, leading SIF to disclaim coverage. Six G’s assigned its malpractice claim to Joseph Gazza and Fireman’s Fund Insurance Company, the plaintiffs. The Supreme Court denied Farrell’s motion to dismiss the complaint for failure to state a cause of action and denied the plaintiffs’ cross-motion for summary judgment. The appellate court affirmed the Supreme Court’s order, concluding that the complaint sufficiently stated elements of legal malpractice and that the issue of SIF's waiver of disclaimer was a question of fact, not determinable as a matter of law.

Legal MalpracticeProfessional NegligenceInsurance DisclaimerSummary JudgmentMotion to DismissAssignment of ClaimWorkers' CompensationIndemnificationAppellate ReviewCausation
References
7
Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
References
0
Case No. ADJ1415493 (MON 0254625) ADJ2515529 (POM 0136019)
Regular
Jul 22, 2011

MARIA NEVAREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This Workers' Compensation Appeals Board case involves defendant's petitions for reconsideration of two prior decisions. The Board granted these petitions to allow for further study of the factual and legal issues. This action is necessary to fully understand the record and issue a just decision. All further communications in this matter are to be directed to the Office of the Commissioners.

MARIA NEVAREZDEPARTMENT OF INDUSTRIAL RELATIONSlegally uninsuredSTATE COMPENSATION INSURANCE FUNDAdjusting AgencyJoint Findings and AwardAmended Joint Findings and AwardPetition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and Order
References
0
Case No. ADJ8844526, ADJ8911629, ADJ6683632, ADJ7523422
Regular
Apr 19, 2018

JOE JORDAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, PLEASANT VALLEY, Legally Uninsured By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a decision dated January 26, 2016. This action was taken to allow further study of the complex factual and legal issues involved in the multiple claims filed by Joe Jordan against the Department of Corrections. The Board will issue a decision after reconsideration, and all related filings must be submitted directly to the Commissioners' office, not district offices or through e-filing.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationLegally UninsuredState Compensation Insurance FundElectronic Adjudication Management SystemWCJDecision After ReconsiderationOffice of the CommissionersCompromise and Release Agreements
References
0
Case No. MISSING
Regular Panel Decision

Mid-Hudson Legal Services, Inc. v. G & U, INC.

Plaintiffs, a federally-funded legal aid organization and its attorneys, sought an injunction against a corporate farm and its proprietors for denying them access to migrant farmworkers residing on the farm's property. The plaintiffs intended to distribute a Spanish language booklet on farmworker rights and offer legal assistance. Defendants justified their denial based on their right to prevent trespass and accused plaintiffs of fomenting labor unrest and impermissibly soliciting clients. The court found the defendants' arguments unpersuasive, ruling that the farm, operating as a 'company town,' could not deny plaintiffs their First Amendment right to enter and discuss living or working conditions with its inhabitants. Consequently, the court issued a permanent injunction, preventing the defendants from interfering with the plaintiffs' access to the agricultural labor camps for providing services mandated by 42 U.S.C. § 2861 et seq.

Migrant FarmworkersFarmworker RightsFirst AmendmentAccess RightsCompany Town DoctrinePermanent Injunction42 U.S.C. § 1983Legal AidAgricultural Labor CampsCivil Rights
References
8
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. ADJ233069 (SBR 0337173)
Regular
Oct 11, 2011

RALPH WRIGHT vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by a lien claimant concerning a decision previously issued. The Board found reconsideration necessary to allow further study of the factual and legal issues presented. This action is intended to ensure a complete understanding of the record and to enable the issuance of a just and reasoned decision after reconsideration. All future communications regarding this case must be filed with the Workers' Compensation Appeals Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersDecision After ReconsiderationLien claimantLegally Uninsured
References
0
Case No. ADJ4330842 (VNO 0331594) ADJ1775987 (VNO 0376271) ADJ207082 (VNO 0314241)
Regular
Mar 12, 2009

OTTOMA L. CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND

This case involves petitions for reconsideration filed by the defendant and a lien claimant concerning a prior decision. The Workers' Compensation Appeals Board has granted these petitions due to statutory time constraints and a need for further review of the factual and legal issues. The Board requires additional time to thoroughly understand the record and issue a just decision. All future communications regarding this matter should be directed to the Workers' Compensation Appeals Board's Reconsideration unit.

Workers' Compensation Appeals BoardPetitions for ReconsiderationState Compensation Insurance FundDepartment of TransportationLegally UninsuredDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
0
Case No. ADJ647263 (MON 0206252) ADJ442715 (MON 0179484) ADJ8283867
Regular
Jul 25, 2013

SHARON HORNSBY vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES and DEPARTMENT OF MOTOR VEHICLES, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking workers' compensation benefits for multiple injuries across different dates of injury involving the Department of Social Services and the Department of Motor Vehicles, adjusted by the State Compensation Insurance Fund. The defendants have petitioned for reconsideration of a decision that found the applicant 100% disabled. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues involved. The Board will issue a decision after this further review, which may include additional proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationLegally UninsuredState Compensation Insurance FundDepartment of Social ServicesDepartment of Motor VehiclesApplicantDefendantAdministrative Law Judge
References
0
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