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

Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7133410
Regular
Dec 10, 2018

HUGO DIAZ vs. YOUTH CONNECTION OF VENTURA COUNTY, REDWOOD FIRE & CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior order, and returned the case for further proceedings. The administrative law judge had dismissed a lien claimant's lien for failing to timely file a declaration under Labor Code section 4903.8. However, the Board found that section 4903.8, as amended, does not mandate dismissal for pre-2013 liens with untimely declarations. While the lien is not dismissed, the Board noted that the untimely filing could be grounds for sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderLabor Code section 4903.8Mandatory dismissalSenate Bill 863Declaration of perjuryUntimely declarationInvalid lien
References
3
Case No. ADJ1474695
Regular
Apr 12, 2019

IRIS TABORA vs. HARBOR BUILDING SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns lien claimants whose liens were filed before January 1, 2013. The WCJ initially invalidated their liens for failing to submit declarations under Labor Code section 4903.8(d). However, the Appeals Board rescinded this order, finding that section 4903.8(e) does not apply to pre-2013 liens. The matter was returned to the trial level to allow the lien claimants to submit compliant declarations and for further proceedings.

Workers' Compensation Appeals BoardLabor Code Section 4903.8Lien ClaimantsDeclarationReconsiderationMinute OrderWCJInvalid LiensSubstantial JusticeCompromise and Release
References
2
Case No. ADJ9063212
Regular
Feb 15, 2019

LUIS VILLAGOMEZ vs. WALMART STORES, INC.; ACE AMERICAN, administered by YORK

This Workers' Compensation Appeals Board case involved liens filed by Mesa Pharmacy and ResHealth Medical, which were deemed invalid by the WCJ under Labor Code section 4903.8(e). Lien claimants sought reconsideration, arguing the WCJ incorrectly placed the burden of proof regarding declarant competency on them. The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings. The Board clarified that declarants under section 4903.8(d) must have personal knowledge of the services provided and billing accuracy. It also noted that all submitted declarations, not just one, should be considered when evaluating compliance with the statute.

Labor Code section 4903.8(e)declarant competencypersonal knowledgehearsaypenalty of perjurylien validityworkers' compensation liensassignment violationreconsiderationFindings of Fact and Order
References
2
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Betal Environmental Corp. v. Local Union Number 78, Asbestos, Lead & Hazardous Waste Laborers

Plaintiff Betal Environmental Corporation filed a labor action against Local Union 78 under section 303 of the LMRA, alleging unfair labor practices, and against York Hunter Construction, Inc. for breach of contract. Betal sought damages from Local 78 and payment from York, along with a declaratory judgment to void a provision in the collective bargaining agreement between Local 78 and York. Defendants moved to dismiss the sixth cause of action (declaratory judgment). The court granted the defendants' motion, ruling it lacked subject-matter jurisdiction over direct section 8(e) violations under section 303 of the LMRA, concluding such claims fall under the NLRB's exclusive jurisdiction unless involving coercive activity under section 8(b)(4).

Labor Management Relations ActNational Labor Relations ActUnfair Labor PracticesHot Cargo ClauseCollective Bargaining AgreementSubject Matter JurisdictionSection 303 LMRASection 8(e) NLRASection 8(b)(4) NLRANational Labor Relations Board
References
12
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ66 99348
Regular
Apr 11, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

This case involves lien claimants Rx Funding Solutions and PharmaFinance seeking payment for assigned medical expenses. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior ruling that disallowed these liens under Labor Code section 4903.8(a). The WCAB found that the 2014 amendments to section 4903.8(a)(2) specifically exempt assignments made before January 1, 2013, from preclusion. Therefore, the WCAB amended the prior order to allow the lien claimants to proceed with further proceedings on the merits of their claims.

WCABReconsiderationLien ClaimantsLabor Code Section 4903.8AssignmentCeased Doing BusinessPharmacyPharmacistSB 863AB 2732
References
10
Case No. MISSING
Regular Panel Decision
Aug 19, 1981

Blyer v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union

The National Labor Relations Board sought a preliminary injunction against the New York Coat, Suit, Dress, Rainwear, and Allied Workers’ Union, International Ladies Garment Workers’ Union (ILG) for alleged unfair labor practices under NLRA Section 8(b)(4)(D), related to picketing for a jobber’s agreement. The court examined the applicability of the garment-industry proviso in NLRA Section 8(e) to the alleged work-assignment dispute. It found that the Board's theory was novel and lacked sufficient factual findings. Considering factors like the ILG's initial lawful picketing, the employer's non-innocent status, and the desire to preserve the status quo, the court denied the injunction, concluding it would be inequitable and improper.

Labor LawUnfair Labor PracticePreliminary InjunctionNLRAGarment Industry ProvisoWork Assignment DisputeJobber's AgreementPicketingSecondary BoycottGarment Union
References
6
Case No. MISSING
Regular Panel Decision

Ley v. Rochester Regional Joint Board, Local 14A

Rhonda P. Ley, Regional Director of the National Labor Relations Board, filed a petition against the Rochester Regional Joint Board, Local 14A (Union) seeking a preliminary injunction. Ley alleged that Article XXII of the collective bargaining agreement between the Union and Xerox Corporation (Employer) constituted an unlawful 'union signatory' agreement under Section 8(e) of the National Labor Relations Act. Furthermore, Ley claimed that the Union's continued attempts to enforce Article XXII violated Sections 8(b)(4)(ii)(A) and (B) of the Act. The Union argued that Article XXII was a lawful work preservation provision. The Court found reasonable cause to believe the Union was violating the Act and that a preliminary injunction was just and proper to prevent further statutory violations and maintain public interest. Consequently, the preliminary injunction was granted, enjoining the Union from enforcing Article XXII.

Labor LawPreliminary InjunctionUnfair Labor PracticeNational Labor Relations ActUnion Signatory AgreementWork PreservationCollective Bargaining AgreementSubcontractingArbitrationDistrict Court
References
11
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