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

Case No. MISSING
Regular Panel Decision

In re John Lack Associates, LLC

John Lack Associates, LLC, an agency placing waiters and bartenders, was audited by the Department of Labor, which determined these workers were employees, making John Lack liable for unemployment insurance contributions. This determination was upheld by an Administrative Law Judge and the Unemployment Insurance Appeals Board. On appeal, the court reversed the Board's decision, finding insufficient evidence of John Lack's control over the workers. The court noted that workers could refuse jobs, often worked for other agencies, provided their own equipment, and were supervised and directed by the client at events, who also paid their remuneration through John Lack. The case was remitted to the Board for further proceedings.

Employer-employee relationshipIndependent contractorUnemployment insurance contributionsAgency controlRight to controlRemittedAppellate reviewSubstantial evidenceUnemployment Insurance Appeal BoardLabor Law
References
5
Case No. MISSING
Regular Panel Decision

Sheahan v. Brady

Plaintiff Danielle Sheahan, a white woman, was terminated from her position at the Internal Revenue Service (IRS) in April 1992, after being hired in May 1991. The defendant, the Secretary of the Treasury, claimed she was fired for submitting an altered college transcript. However, the plaintiff alleged racial and color discrimination, asserting that her mostly Black co-workers and supervisors conspired against her, fabricating the transcript alteration accusation. Sheahan pursued administrative remedies, first with the Merit Systems Protection Board (MSPB), which dismissed her complaint for lack of jurisdiction on October 16, 1992. Subsequently, she filed a charge with the Equal Employment Opportunity Commission (EEOC), which also dismissed her case on October 22, 1992, based on the erroneous belief that an MSPB appeal was still pending. Plaintiff then filed a civil suit in federal court on November 12, 1992. Critically, on November 9, 1992, the Treasury Department had filed a Request to Reopen the EEOC's October 22 decision. The court examined the requirements of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16, specifically concerning the exhaustion of administrative remedies and the finality of EEOC actions. Under 29 C.F.R. § 1613.234, a timely request to reopen by either party renders an EEOC decision non-final for the purpose of initiating a civil action. Consequently, the defendant's request to reopen on November 9, 1992, made the EEOC's October 22 decision non-final before Sheahan filed her lawsuit on November 12, 1992. Therefore, the court concluded it lacked subject matter jurisdiction. The court granted the defendant's motion, dismissing the plaintiff's complaint without prejudice, and suggested that either party could renew a request to reopen the EEOC decision, anticipating it would be granted given the EEOC's original erroneous finding.

Federal employment discriminationTitle VIICivil Rights ActRacial discriminationColor discriminationWrongful terminationAdministrative exhaustionEEOC decision finalitySubject matter jurisdictionMotion to dismiss
References
11
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
16
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Magana v. Hammer & Steel, Inc.

The plaintiffs, Rodrigo and Maria Magana, filed a personal injury lawsuit against Robert B. Miller & Associates (barge owner), Hammer & Steel, Inc. (steel supplier), and Poston Industrial Maintenance Company, Inc. (coating applicator) after Rodrigo Magana was severely injured by a falling chunk of concrete while unloading a steel piling sheet from a barge in the Houston Ship Channel on January 4, 2001. Defendants Miller and Hammer filed motions to dismiss for lack of subject matter jurisdiction, arguing the claims lacked admiralty flavor. The Court, presided over by District Judge Kent, denied both motions. While finding that 33 U.S.C. § 905(b) and Article III admiralty jurisdiction were not directly applicable, the Court determined it had jurisdiction over Miller via the Admiralty Extension Act (AEA), 46 App. U.S.C. § 740, because the injury was caused by a vessel or its appurtenance (the concrete). Supplemental jurisdiction under 28 U.S.C. § 1367 was found for the claims against Hammer and Poston due to their relation to the claims against Miller. The Court ordered Plaintiffs to file an Amended Complaint to specify the governing law for each cause of action against each defendant.

Personal InjuryAdmiralty LawMaritime JurisdictionLongshoremenLHWCAAdmiralty Extension ActSubject Matter JurisdictionMotion to DismissNegligenceShip-side Accident
References
14
Case No. 3-91-439-CV
Regular Panel Decision
Dec 11, 1991

Texas Workers Compensation Commission v. Texas Physical Therapy Association, Inc., and Jerry Hurt, Wayne Sawyer and Jeanette Winfree, Individually and as Members of TPTA

The Texas Workers Compensation Commission attempted to appeal a temporary injunction issued by the Travis County district court on August 29, 1991. The Commission's notice of appeal was filed beyond the twenty-day period, but they asserted a lack of timely knowledge. The Court of Appeals directed the Commission to file a supplemental transcript with an order from the trial court regarding the notice date, which they failed to do. Consequently, the Court of Appeals determined it lacked jurisdiction due to the untimely filing of the notice of appeal, and the appeal was dismissed.

JurisdictionTimelinessNotice of AppealTemporary InjunctionAppellate ProcedureSupplemental TranscriptTexas Civil PracticeCourt of AppealsDismissalTexas Law
References
10
Case No. ADJ7803842
Regular
May 03, 2016

RAONAL SMITH vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (ALJ) finding of jurisdiction over the applicant's cumulative industrial injury claim against the St. Louis Rams. The defendant insurer argued California lacked sufficient connection to the injury, citing a previous case. The Board rescinded the ALJ's decision because the record was unclear regarding the evidence considered, particularly a deposition transcript that the ALJ indicated would be reviewed. The case is returned to the trial level for the ALJ to clarify the record, address the deposition transcript and related objections, and rule on the contention that the applicant was hired in California.

Workers' Compensation Appeals BoardSt. Louis RamsGreat Divide Insurance Companycumulative industrial injuryprofessional athleteoffensive linebackersubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Petition for ReconsiderationWCJ's Findings of Fact
References
4
Case No. MISSING
Regular Panel Decision

Michael v. Communications Workers of America AFL-CIO

This case addresses a dispute between the New York City Department of Finance (Finance) and the Communications Workers of America AFL-CIO (CWA), representing municipal stenographers. Finance sought to discontinue a 30-year practice that allowed stenographers to sell and retain fees for administrative hearing transcripts, arguing it violated the Freedom of Information Law (FOIL) and the NY Constitution's prohibition against gifts of public funds. CWA contended this practice was a protected contractual benefit. The court granted Finance's motion for reargument but denied renewal, ultimately upholding its prior decision. The court ruled that Finance lacked standing to assert FOIL as a petitioner and found the long-standing practice of stenographers selling transcripts constituted additional salary, not an unconstitutional gift, thereby preserving the practice.

Freedom of Information Law (FOIL)Public Officers LawNew York Constitution Article VIII Section 1Municipal Finance DepartmentCollective Bargaining AgreementStenographers' Transcript FeesUnconstitutional GiftDeclaratory JudgmentSummary JudgmentMotion to Reargue
References
27
Case No. 92-4894
Regular Panel Decision

Ladson v. Ulltra East Parking Corp.

Plaintiff Leroy Ladson sued Ulltra East Parking Corporation and other entities after his employment was terminated, alleging wrongful termination, unpaid benefits, and a conspiracy with his union (Local 272) to fire older and black union members. The court consolidated three actions, with a primary focus on No. 92-4894, which alleged a violation of the Labor Management Relations Act for unpaid benefits. Defendants moved to dismiss No. 92-4894 for lack of subject matter jurisdiction, arguing Ladson lacked standing as an individual union member to enforce an arbitration award without a claim against the union for breach of fair representation. The court granted the motion to dismiss No. 92-4894. Additionally, the court addressed motions in limine regarding alleged corruption, denying a broad motion to exclude bribe references but granting the exclusion of a sentencing hearing transcript, and denying the exclusion of ledger pages, both subject to renewal at trial. The plaintiff was also offered a final opportunity for pro bono counsel.

Wrongful TerminationUnpaid BenefitsCollective Bargaining Agreement DisputeLabor Management Relations ActSubject Matter JurisdictionEmployee StandingDuty of Fair RepresentationArbitration Award EnforcementDiscrimination ClaimsRacketeering and Corruption
References
7
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