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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

DBL Liquidating Trust v. Clarkson Construction Co. (In Re Drexel Burnham Lambert Group, Inc.)

DBL Liquidating Trust (Drexel) appealed the Bankruptcy Court's denial of summary judgment in a claim filed by Clarkson Construction Company (Clarkson). The core issue was whether Clarkson ratified approximately 3,000 unauthorized trading transactions by failing to object in writing, despite explicit contractual requirements. Clarkson argued that oral assurances from their broker, Thomas Carpenter, stating 'nothing much was going on,' constituted an oral modification or grounds for equitable estoppel. However, the court found no legal basis for these arguments, emphasizing that the Account Agreement mandated written modifications and timely written objections. The court also highlighted that Clarkson's comptroller, authorized to review account statements, never raised any objections to the trades. Consequently, the District Court reversed the Bankruptcy Court's decision, ruling that Clarkson failed to present a triable issue of fact and dismissing Clarkson's claim.

Securities TradingBrokerage ContractSummary JudgmentEquitable EstoppelOral ModificationRatificationCommodity Customer Account AgreementUnauthorized TradingWritten ObjectionCustomer-Broker Relations
References
20
Case No. Docket Entry No. 1
Regular Panel Decision

Equal Employment Opportunity Commission v. Air Liquide USA LLC

The Equal Employment Opportunity Commission (EEOC) brought an action against Air Liquide USA LLC and Air Liquide Industrial, U.S., L.P. on behalf of Jacqueline Ferrel, alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Ferrel claimed she was terminated after making allegations of sexual harassment against her manager. Air Liquide moved for complete summary judgment, arguing a lack of causal connection and presenting four legitimate, nondiscriminatory reasons for Ferrel's termination: poor attendance and tardiness, scheduling errors, excessive personal phone calls, and inappropriate use of a corporate credit card. The court denied Air Liquide's motion for summary judgment, finding that the EEOC presented sufficient evidence to establish a prima facie case of retaliation, citing temporal proximity between the harassment claim and the termination decision, increased documentation of performance issues post-claim, and changes in Ferrel's work situation. The court also determined that genuine issues of material fact existed regarding whether Air Liquide's stated reasons for termination were merely a pretext for a retaliatory motive, thereby precluding summary judgment. The court also granted in part and denied in part Air Liquide's motion to strike certain evidence.

RetaliationTitle VIISexual HarassmentEmployment DiscriminationSummary JudgmentPretextCausationMcDonnell Douglas FrameworkFifth CircuitHouston District Court
References
0
Case No. MISSING
Regular Panel Decision

In re the Liquidation of the Union Indemnity Insurance

The Superintendent of Insurance, as liquidator of Union Indemnity Insurance Company of New York, sought an order to compel Frank B. Hall and Co. of Connecticut, Inc. (Hall) to turn over funds held at First American Bank of New York. These funds originated from a workers' compensation insurance program between Union and the Public Employer Risk Management Association (PERMA), where Hall acted as Union's agent for premium collection and claims administration. Hall and PERMA opposed the application, arguing the program was self-insurance and Union was not entitled to the funds, with PERMA seeking a constructive trust. The court found that the segregated funds, representing unutilized premiums for claims, constituted general assets of Union and were not protected. It further determined that the PERMA-Union agreement was not a self-insurance plan, as Union bore the primary risk and the plan lacked Workers' Compensation Board approval. Consequently, the court granted the liquidator's application, directing Hall to remit the funds.

Insurance LiquidationAgency AgreementPremium FundsGeneral AssetsSelf-InsuranceConstructive TrustInsurance LawSuperintendent of InsuranceThird-Party AdministratorClaims Administration
References
2
Case No. MISSING
Regular Panel Decision
Aug 30, 2006

State ex. rel. Flowers v. Tennessee Trucking Ass'n Self Insurance Group Trust

This appeal involves three members of a workers’ compensation self-insured group trust, Ocoee River Transport, Western Express, Inc., and DCI Transportation, LLC, challenging two trial court orders. The appellants were held in contempt and sanctioned for failing to make periodic payments of assessments as ordered by the court. Additionally, one appellant contested the assessment of the Liquidator’s administrative fees, arguing they were denied the opportunity for discovery regarding the reasonableness and necessity of these fees. The appellate court affirmed the trial court's finding of contempt and the imposition of sanctions. However, the court reversed the decision regarding administrative fees, remanding the issue for further proceedings to allow for appropriate discovery and a determination of the applicability of privilege or work product doctrine to the Liquidator's records.

contemptworkers' compensationself-insured group trustliquidationadministrative feesdiscoverydue processwillfulnesssanctionsappellate review
References
66
Case No. SFO 0444182 SFO 0470385
Regular
Nov 16, 2007

MARK CRUZ vs. WESTLAKE AUTO SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, in liquidation, by INTERCARE INSURANCE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and found the State Compensation Insurance Fund liable for 4% of pre-liquidation benefits paid by Reliance and 100% of post-liquidation benefits paid by CIGA. The Board clarified that "workers' compensation benefit payments" encompass temporary disability, permanent disability, and medical treatment but specifically exclude administrative costs such as medical management, copying, and bill review. Therefore, the State Fund is not obligated to reimburse CIGA for these administrative expenses.

CIGAReliance National Insurance CompanyState Compensation Insurance Fundcontributionpermanent disabilitymedical treatmentcumulative traumaspecific injurypre-liquidation paymentspost-liquidation payments
References
6
Case No. MISSING
Regular Panel Decision

In Re Motors Liquidation Co.

This bench decision addresses two contested matters within the Chapter 11 bankruptcy of Debtor Motors Liquidation Company (Old GM): a motion for class certification by 'Apartheid Claimants' and the Debtors' objection to these claims. The Apartheid Claimants, South African residents, alleged Old GM aided and abetted the apartheid system. Judge Robert E. Gerber denied class certification, finding that individual issues predominated over common ones, class action was not superior in bankruptcy, and it would unduly delay the case. Furthermore, the court disallowed the underlying claims entirely, citing the binding Second Circuit precedent in Kiobel v. Royal Dutch Petroleum Co., which established that corporations cannot be held liable under the Alien Tort Statute.

Class ActionBankruptcyAlien Tort StatuteCorporate LiabilityApartheid ClaimsClaims DisallowanceDue ProcessSubject Matter JurisdictionSecond CircuitChapter 11
References
27
Case No. MISSING
Regular Panel Decision

In re the Liquidation of Midland Insurance

Policyholders New York Dock Railway (NYDR) and Brooklyn Eastern District Terminal (BEDT), joined by claimants Buividas and Romacho, moved to confirm a referee's report that found coverage for their claims by the Stock Workers' Compensation Security Fund. The Superintendent of Insurance, as liquidator of Midland Insurance Company, cross-moved to disaffirm the report, arguing against Security Fund coverage based on his interpretation of relevant statutes. The court reviewed the referee's decision, finding it erroneous due to a misinterpretation of legislative history and intent regarding security fund coverage limitations, particularly concerning Chapter 801 amendments. Upholding the Superintendent's rational interpretation, the court denied the motion to confirm and granted the cross-motion to disaffirm, affirming the denial of security fund coverage.

Workers' Compensation Security FundInsurance Coverage DisputeMidland Insurance Company LiquidationFederal Employers' Liability ActJones ActLongshoremen's and Harbor Workers' Compensation ActStatutory InterpretationLegislative HistoryThird-Party IndemnificationEmployer's Liability
References
6
Case No. MISSING
Regular Panel Decision

In Re Yarn Liquidation, Inc.

This memorandum addresses the priority of severance pay claims filed by fourteen former employees of SCT Yarns, Inc., a debtor in a Chapter 11 liquidation case. The court examines whether these claims qualify for third priority under 11 U.S.C. § 507(a)(3) for compensation earned within 90 days pre-petition, or first priority as administrative expenses under 11 U.S.C. § 507(a)(1) for services rendered post-petition. Adopting the majority rule, the court determines that severance pay is an administrative expense only to the extent earned by service during the bankruptcy case and a third priority claim only if earned within the 90-day pre-petition period. The court calculates the amounts entitled to first priority as administrative expenses for eleven employees who continued service post-petition and acknowledges that the pre-petition severance pay for all fourteen employees may qualify for third priority, subject to a $4,000 limit.

Bankruptcy LawChapter 11 LiquidationSeverance PayPriority ClaimsAdministrative ExpensesEmployee CompensationBankruptcy Code § 507Pre-petition ClaimsPost-petition ClaimsCreditor Priority
References
14
Case No. MISSING
Regular Panel Decision

Liquid Asphalt Distributors Ass'n v. Roberts

The case concerns the interpretation of the 1983 amendments to Labor Law § 220, which govern prevailing wage rates for workers on public projects. Prior to 1983, the statute required extensive surveys to determine prevailing wages. The amendments aimed to streamline this by allowing the adoption of collectively bargained wage rates if 30% of workers in a specific trade and locality were subject to such agreements, and redefined 'locality' based on these agreements. Petitioners, Suit-Kote Corporation and Liquid Asphalt Distributors Association, Inc., challenged a wage schedule set by the respondent for asphalt distributors, arguing the respondent failed to verify the 30% threshold and that the threshold was not met. The court affirmed the dismissal of the petition, holding that the 1983 amendments shifted the burden of proof to employers to demonstrate that less than 30% of workers were subject to the adopted wage rate, a burden the petitioners failed to meet with sufficient evidence.

Prevailing wageLabor Law § 220Collective bargaining agreementsStatutory interpretationBurden of proofPublic worksWage schedulesAppellate reviewIndustrial relationsLegislative intent
References
2
Case No. ADJ1857578
Regular
Jun 23, 2009

MIRNA LICEA vs. MINSON CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PHICO INSURANCE COMPANY in liquidation

This case involves a lien claim by Missirian Orthopedic Medical Group, assigned to KM Financial Services, for medical treatment provided to Mirna Licea. The California Insurance Guarantee Association (CIGA), representing the insolvent insurer Phico Insurance Company, denied the lien based on Insurance Code § 1063.1(c)(9), which excludes claims by assignees. The Workers' Compensation Appeals Board denied reconsideration, affirming that the statute clearly prohibits payment to assignees, including medical providers who have assigned their accounts receivable. The Board relied on *Baxter Healthcare Corp. v. CIGA* for the principle that assigned claims are not "covered claims" under the Guarantee Act.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAPhico Insurance Companyliquidationinsolvent insurerlien claimantassigneecovered claimInsurance Code 1063.1(c)(9)
References
4
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