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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

Tyler v. Liz Claiborne, Inc.

The lead plaintiff, James S. Metz, initiated a putative class action against Liz Claiborne, Inc. and its executives, Trudy F. Sullivan and William L. McComb, alleging violations of the Securities Exchange Act of 1934. The claims centered on fraudulent misrepresentations regarding LIZ’s business relationships with Macy’s and J.C. Penney between January and April 2007. Defendants sought to dismiss the action, arguing a failure to adequately plead scienter—the intent to deceive, manipulate, or defraud. The court granted the motion, concluding that the plaintiff's allegations of motive and opportunity, as well as strong circumstantial evidence, were insufficient to establish a strong inference of scienter, leading to the dismissal of the action with prejudice.

Securities Exchange ActSection 10(b)Rule 10b-5Section 20(a)Class ActionSecurities FraudMotion to DismissScienterMotive and OpportunityCircumstantial Evidence
References
40
Case No. ADJ6814430; ADJ6816290
Regular
Jun 13, 2013

JOSEFINA GARCIA vs. LIZ CLAIBORNE, BROADSPIRE

The Appeals Board granted the defendant's Petition for Removal to rescind the WCJ's order taking the case off calendar. Despite the applicant's claims, medical evaluators, including an AME and QMEs, have deemed her condition permanent and stationary. The Board found no reason to delay disposition, stating that any disagreement on the permanent and stationary date can be addressed at trial. The case is returned to the trial level for further proceedings, including a new MSC and potential trial if settlement is not reached.

Petition for RemovalWorkers' Compensation Appeals BoardAgreed Medical EvaluatorQualified Medical EvaluatorPermanent and StationaryDeclaration of Readiness to ProceedMotion for ContinuanceDiscoveryTrial Setting ConferenceIndustrial Injury
References
1
Case No. ADJ6810508; ADJ8238141
Regular
Sep 24, 2013

JOSE HERNANDEZ CHAVEZ vs. LIZ CLAIBORNE, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant sought to reverse a judge's finding that the applicant was not required to attend a QME evaluation with Dr. Leonard and was entitled to a new QME panel. The Board found that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm. Therefore, the defendant's petition was denied.

Petition for RemovalQualified Medical EvaluatorQME panelAppointment failureWCJ Findings of FactSubstantial prejudiceIrreparable harmExtraordinary remedyReconsideration inadequacyAppeals Board decision
References
0
Case No. ADJ3587886 (LAO 0857059)
Regular
Jul 05, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by lien claimant Liz West Interpreting regarding a $\$500.00$ sanction. The Workers' Compensation Appeals Board previously ordered sanctions against Liz West Interpreting and Collective Resources for sanctionable actions outlined in a Notice of Intention. The Board found that Liz West Interpreting is liable for the actions of its representative. Consequently, the petition for reconsideration is denied, upholding the original sanction order.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantJointly and SeverallyNotice of Intention to Impose SanctionsOpinion and OrderCollective ResourcesLiz West InterpretingR.C. Wendt Painting
References
0
Case No. ADJ9805381 ADJ7750980
Regular
Jun 06, 2017

DOROTHY CLAIBORNE vs. PRECIOUS HOME COMPANION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FIRSTCOMP INSURANCE SERVICES

This case involves a petition for reconsideration by CIGA concerning an administrative law judge's (WCJ) order dismissing the applicant's cumulative trauma claim. The WCAB granted CIGA's petition, rescinded the WCJ's dismissal order, and returned the case to the trial level. The Board found that the previous decision to defer the date of injury was not a final order and that due process requires a full adjudication of the applicant's cumulative trauma injury date. Therefore, the case must be further developed to determine the precise date of injury for the applicant's cumulative trauma claim.

CIGAPetition for ReconsiderationWCJ OrderCumulative TraumaSpecific InjuryAdjudicationAppellate ProceedingsWrit of ReviewFinal OrderInterlocutory
References
2
Case No. ADJ9805381, ADJ7750980
Regular
Jul 14, 2016

DOROTHY CLAIBORNE vs. PRECIOUS HOME COMPANION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FIRSTCOMP INSURANCE SERVICES

This case involves a petition for reconsideration by FirstComp Insurance Services regarding a workers' compensation claim for a left knee injury. The Appeals Board granted reconsideration to amend a prior finding that the applicant sustained a cumulative injury ending July 23, 2010. While the consolidation of two prior claims was affirmed, the Board found the evidence supporting the specific July 23, 2010 date of cumulative injury was not based on substantial evidence, specifically citing inconsistencies in medical opinions and applicant testimony. The issue of cumulative injury subsequent to July 23, 2010, is deferred.

Workers' Compensation Appeals BoardCumulative InjuryLeft KneeAgreed Medical ExaminerQualified Medical EvaluatorPetition for ReconsiderationFindings and OrderSubstantial EvidenceLabor CodeMedical History
References
12
Case No. ADJ3587886 (LAO 0857059)
Regular
Feb 03, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Liz West Interpreting, represented by Collective Resources, concerning a decision from August 23, 2011. The Workers' Compensation Appeals Board (WCAB) has granted the petition. The WCAB deems reconsideration necessary to thoroughly review the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardLiz West InterpretingCollective Resourcesstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the Commissioners
References
0
Case No. MISSING
Regular Panel Decision

Gross v. National Broadcasting Co., Inc.

Liz Gross sued her employer, National Broadcasting Company, Inc. (NBC), for sex discrimination and retaliation under Title VII and the New York State Human Rights Law (NYSHRL). NBC moved for summary judgment, which the court granted, leading to the dismissal of Gross's claims. The court found many of Gross's claims to be time-barred, rejecting the application of the "continuing violation doctrine." For the timely claims, Gross failed to establish a prima facie case of discrimination or retaliation, as she could not provide evidence of similarly situated male comparators for pay or demonstrate an adverse employment action or discriminatory animus. NBC successfully articulated legitimate, non-discriminatory reasons for its actions, which Gross did not prove to be pretextual.

Sex DiscriminationRetaliationTitle VIISummary JudgmentEmployment LawPay DisparityTimeliness of ClaimsContinuing Violation DoctrinePrima Facie CaseMcDonnell Douglas Framework
References
48
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