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

Case No. 13-10-00693-CV
Regular Panel Decision
Jul 01, 2011

Counsel Financial Services, L.L.C. v. DAVID McQUADE LEIBOWITZ AND DAVID McQUADE LEIBOWITZ, P.C.

Counsel Financial Services, L.L.C. appealed the denial of its motion to transfer venue from Hidalgo County to Bexar County. This appeal stemmed from Counsel Financial's intervention in a personal injury lawsuit, seeking to claim attorney's fees owed to David McQuade Leibowitz from a settlement. Leibowitz, in turn, intervened defensively, asserting claims against Counsel Financial and seeking injunctions. The appellate court examined whether an interlocutory appeal of the venue ruling was permissible under section 15.003 of the Texas Civil Practice and Remedies Code, which applies to multiple plaintiffs. The court concluded that Leibowitz was an intervening defendant, not a plaintiff, therefore section 15.003 did not apply, and dismissed the appeal for want of jurisdiction.

VenueInterlocutory AppealJurisdictionMotion to TransferTexas Civil Practice and Remedies CodeInterventionPlaintiff StatusDefendant StatusForeign Judgment EnforcementAppellate Court Dismissal
References
19
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. SAU2545427; ADJ2545427 (LBO 0358993)
Regular
Aug 25, 2025

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

State Compensation Insurance Fund (SCIF) sought reconsideration of an order appointing it and Travelers Property Casualty Company of America as joint liaison counsel in a consolidated workers' compensation proceeding. SCIF argued it had minimal lien involvement and lacked statutory authority for the role, citing conflicts with state law. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding SCIF failed to provide evidentiary support for its claims and affirming that SCIF, like any other insurer, has the duty and authority to act as liaison counsel to defend against potentially fraudulent liens. The Board also reaffirmed its jurisdiction to appoint liaison counsel under WCAB Rule 10396, dismissing SCIF's petition for removal and denying its petition for reconsideration.

Liaison CounselJoint Liaison CounselPetition for ReconsiderationWCAB Rule 10396Labor Code Section 5909Consolidated ProceedingLien ClaimantsSCIF AuthorityAnti-Fraud UnitRemoval
References
11
Case No. MISSING
Regular Panel Decision
May 11, 1984

Industrial Liaison Committee of the Niagara Falls Chamber of Commerce v. Flacke

The New York Department of Environmental Conservation (DEC) issued a State Pollution Discharge Elimination System (SPDES) permit for the Niagara Falls Wastewater Treatment Plant (NFWTP). The Industrial Liaison Committee (ILC), joined by the Province of Ontario, commenced a CPLR article 78 proceeding to annul the permit, arguing that DEC failed to hold a public hearing despite significant public interest and requests from various parties, as mandated by 6 NYCRR 753.6. The court, presided over by Lawrence E. Kahn, J., reviewed DEC's actions, emphasizing its role in refereeing the administrative process. Finding that both significant public interest and reason for a hearing were present, the court ruled that DEC's failure to hold a public hearing was arbitrary and capricious. Consequently, the court granted the petition, vacating the October 5, 1982 permit, while allowing the previously set effluent limitations to remain in effect during remand for a new determination.

Environmental LawSPDES PermitPublic HearingArticle 78 ProceedingAdministrative LawArbitrary and CapriciousDECClean Water ActJudicial ReviewWater Pollution
References
11
Case No. MISSING
Regular Panel Decision

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. MISSING
Regular Panel Decision

Matter of Fernandez v. Royal Coach Lines, Inc.

Claimant's counsel appealed a decision by the Workers’ Compensation Board that reduced their previously awarded counsel fees from $2,800 to $450. The Board found the counsel's fee application, form OC-400.1, deficient as it failed to provide specific dates and time spent for each service, as mandated by 12 NYCRR 300.17 (d) and Board bulletin Subject Number 046-548. Additionally, counsel failed to disclose a prior $900 fee award. The Appellate Division affirmed the Board's decision, holding that the Board did not abuse its discretion in reducing the fees due to the non-compliant application. The court also clarified that prior holdings suggesting no requirement for time spent on services, such as in *Matter of Pavone*, should no longer be followed.

Counsel Fee ReductionWorkers' Compensation Board AppealFee Application Deficiencies12 NYCRR 300.17Appellate DivisionAdministrative DiscretionPermanent Partial DisabilityWage-Earning CapacityPrior Fee DisclosureMatter of Pavone Overruled
References
3
Case No. E2004-01216-COA-R3-PT
Regular Panel Decision

State v. David H.

The dissenting opinion by Judge Frank G. Clement, Jr. addresses the denial of appointed counsel in dependent and neglect proceedings involving parents David H. and Mary Ellen H. While concurring with the majority's legal principles on the right to counsel, the dissent argues that the parents' irresponsible actions and omissions justified the trial court's decisions to deny appointed counsel. The trial court, presided over by Judge Harris and Judge Davies, found the parents not indigent based on their income and lack of diligence in seeking legal representation. The dissenting judge concluded that the trial court did not abuse its discretion and would have affirmed its decisions to deny the requests for appointed counsel.

dependent neglectindigencyright to counselaffidavit of indigencyabuse of discretionchild support obligationappellate reviewtrial court discretionprocedural due processattorney appointment
References
6
Case No. 03-11-00072-CV
Regular Panel Decision
Aug 06, 2014

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

This case is an administrative appeal concerning a final order from the Public Utility Commission (PUC) that increased rates for Oncor Electric Delivery Company, LLC. The Texas Court of Appeals, Third District, at Austin, reviewed the district court's judgment on various regulatory and financial issues. The appellate court affirmed the district court's judgment on eight of twelve issues but reversed and remanded four issues back to the Commission for further proceedings. These reversed issues included the university discount, municipal franchise-fee expenses, the calculation of 'lead days' for the franchise-tax component of cash working capital, and the federal income-tax expense. The court's decision hinged on statutory interpretation and the application of regulatory standards in the context of utility ratemaking.

Electric Utility RegulationRate IncreaseAdministrative LawAppellate ReviewTexas Public Utility CommissionOncor Electric Delivery CompanyState Universities DiscountFranchise TaxFederal Income Tax ExpenseAutomated Metering Systems
References
110
Case No. MISSING
Regular Panel Decision

Banton v. New York City Department of Corrections

Claimant's counsel filed a claim for workers' compensation benefits after the claimant was injured. Counsel sought a change of venue, citing a purported "Board Rule 10.01 (1) (c)" which the Workers’ Compensation Board found to be non-existent. The Workers’ Compensation Law Judge denied the request and assessed penalties against counsel under Workers’ Compensation Law § 114-a (3) (i) and (ii). On administrative appeal, the Board rescinded the penalty under § 114-a (3) (i) but increased the penalty under § 114-a (3) (ii) due to the appeal lacking reasonable basis. The court affirmed the Board's decision, noting that counsel had been previously warned about citing the inaccurate "Board Rule" and that clarification on venue application rules was available before the administrative appeal was filed.

Attorney MisconductVenue ChangeMonetary PenaltyWorkers' Compensation BoardAdministrative AppealSubstantial EvidenceLegal TreatiseProcedural MotionUnreasonable GroundsAppellate Review
References
5
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