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

Case No. S7 91 Cr. 451
Regular Panel Decision
Jul 28, 1993

United States v. Marquez

This Memorandum Opinion and Order details the findings for the sentencing of defendant Flora Marquez following a Fatico hearing. Marquez pleaded guilty to conspiracy to distribute and possess heroin. The hearing addressed disputes regarding the quantity of narcotics involved, her role in the offense, and claims of diminished capacity. The Court determined a Base Offense Level of 32, denied adjustments for her role or diminished capacity, and allowed only a two-point reduction for acceptance of responsibility. Consequently, Marquez's Total Offense Level was set at 30, with a Criminal History Category of I, leading to a sentencing guideline range of 97-121 months.

Criminal LawSentencing GuidelinesDrug ConspiracyHeroin DistributionCocaine DistributionFatico HearingRelevant ConductBase Offense LevelDiminished CapacityAcceptance of Responsibility
References
21
Case No. MISSING
Regular Panel Decision

United States v. Villanueva Madrid

Defendant Consuelo Marquez, an investment broker, was indicted on seventeen counts, including conspiracy to launder illegal proceeds and conspiracy to commit bank and wire fraud. Marquez sought severance of the money laundering charge (Count One) from the bank and wire fraud charges (Counts Two through Seventeen), dismissal of certain charges, and various discovery orders. The court granted her motion for severance under Federal Rule of Criminal Procedure 14, citing the undue prejudice that would arise from a joint trial due to the potentially inflammatory nature of the money laundering evidence. The court denied the motion to dismiss the wire fraud charges based on deprivation of honest services, finding the indictment facially sufficient. Additionally, the court granted in part and denied in part Marquez's discovery motions, setting a schedule for the disclosure of Giglio material, Rule 404(b) evidence, and witness lists.

SeveranceMoney LaunderingBank FraudWire FraudConspiracyFederal Rules of Criminal ProcedureUndue PrejudiceDiscovery OrdersHonest Services FraudFiduciary Duty
References
30
Case No. ADJ7096356
Regular
Jul 07, 2017

DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied David Marquez's petition for reconsideration of an order approving a compromise and release settlement. Marquez sought to set aside the settlement, alleging mutual mistake regarding the resolution of Section 5710 fees and a Civil Code Section 1542 release. The Board found no evidence of good cause for rescission based on mutual mistake, affirming the WCJ's report. However, the Board noted a separate petition to set aside the addendum and remanded it for a hearing to allow Marquez to present evidence.

Compromise and ReleasePetition for ReconsiderationMutual Mistake of FactSection 1542 Civil CodeSection 5710 feesOrder ApprovingWCJ ReportGood CauseStipulationsAttorney's Fees
References
8
Case No. SFO 0495343
Regular
Jun 25, 2008

LORAINE MARQUEZ vs. FLEXTRONICS INTERNATIONAL, ARGONAUT INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding that the defendant was liable for the applicant's attorney fees under Labor Code section 4064(c). The Board held that this section only applies when an employer files an application for adjudication and the employee is unrepresented at that time, which was not the case here as the applicant was already represented. Therefore, the defendant is not liable for the $13,125.00 in attorney fees.

Workers' Compensation Appeals BoardFlextronics InternationalArgonaut Insurance GroupLoraine MarquezApplication for Adjudication of ClaimLabor Code section 4064(c)attorney's feesCompromise and Release AgreementWCJreconsideration
References
2
Case No. ADJ7219831
Regular
Aug 27, 2012

LORENA MARQUEZ vs. CARL'S JR.; TRAVELERS INSURANCE

This case involves a workers' compensation claim for a psychiatric injury sustained by Lorena Marquez while employed as a cashier at Carl's Jr. The applicant sought reconsideration of the denial of temporary disability benefits, arguing she was partially disabled and her resignation was not a voluntary choice. The defendant insurer sought reconsideration regarding their affirmative defense that the injury stemmed from lawful personnel actions, but failed to adequately present this argument. Both petitions for reconsideration were denied, upholding the original award of 23% permanent disability and future medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryTemporary DisabilityPermanent DisabilityPQMELabor Code Section 3208.3(h)Affirmative DefensePersonnel ActionDeemed Denied
References
1
Case No. ADJ590815 (RIV 0081064) ADJ6520585
Regular
Feb 22, 2012

CARMEN MARQUEZ vs. RYLAND HOMES, AIG CLAIMS SERVICES

This Workers' Compensation Appeals Board order denies a Petition for Removal in the case of *Marquez v. Ryland Homes, AIG Claims Services*. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is DENIED.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalRyland HomesAIG Claims ServicesADJ590815RIV 0081064Frank M. BrassNeil P. Sullivan
References
0
Case No. MISSING
Regular Panel Decision

Hayden v. Comm'r of Soc. Sec.

Plaintiff Loraine N. Hayden sought judicial review of the Commissioner of Social Security's final decision denying her applications for disability insurance benefits and supplemental security income. The District Court, presided over by Judge Elizabeth A. Wolford, found that the Administrative Law Judge (ALJ) erred in evaluating the medical opinion of Plaintiff's treating psychiatrist, Dr. Shamsi. The ALJ failed to provide sufficient "good reasons" for assigning little weight to Dr. Shamsi's assessment of Plaintiff's mental limitations, particularly regarding her inability to manage stress and anticipated work absences. This error was deemed not harmless, as Dr. Shamsi's opinion of two absences per month would preclude the occupations identified by the vocational expert. Consequently, the Plaintiff's motion for judgment on the pleadings was granted, the Commissioner's motion denied, and the case remanded for further administrative proceedings.

Social Security ActDisability Insurance BenefitsSupplemental Security IncomeAdministrative Law Judge (ALJ)Treating Physician RuleMedical Opinion EvaluationMental Residual Functional CapacityRemand for Further ProceedingsVocational Expert TestimonyFederal Court Review
References
16
Case No. ADJ7186657
Regular
Sep 30, 2011

Sergio Marquez vs. Alan's Lawnmower and Garden Center; INC, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sergio Marquez did not sustain an industrial injury. The applicant argued the employer's post-termination defense under Labor Code section 3600(a)(10) was inapplicable and that the presumption of injury under Labor Code section 5402 should apply. However, the Board adopted the WCJ's findings that neither the presumption nor an exception to the defense was established. The WCJ's report, which was incorporated by the Board, detailed why these arguments failed based on the evidence presented.

Workers Compensation Appeals BoardSergio MarquezAlan's Lawnmower and Garden CenterStar Insurance CompanyIllinois Midwest Insurance AgencyADJ7186657Order Denying Reconsiderationindustrial injuryLabor Code section 5402presumption of industrial injury
References
0
Case No. ADJ440516
Regular
Sep 23, 2011

MARTIN MARQUEZ vs. MARIN GENERAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of HIH AMERICA COMPENSATION AND LIABILITY INSURANCE COMPANY, adjusted by INTERCARE HOLDINGS INSURANCE SERVICES

The Workers' Compensation Appeals Board denied Marin General Hospital's petition for reconsideration in the case of Martin Marquez. The Board adopted the Workers' Compensation Judge's report, which found that the defendant failed to provide evidence of physicians within the required proximity of the applicant's residence for treatment. Therefore, the Board upheld the prior decision and denied the request for reconsideration and removal.

Workers' Compensation Appeals BoardMarin General HospitalCalifornia Insurance Guarantee AssociationHIH America Compensation and Liability Insurance CompanyIntercare Holdings Insurance ServicesADJ440516Primary Treating Physician30 minutes15 milesApplicant's Residence
References
0
Case No. MISSING
Regular Panel Decision

In re the Claim of Marquez

The case involves an appeal from a decision of the Unemployment Insurance Appeal Board. Claimant, an assembler at B & G Electronics, Inc., was discharged for using profanity towards her supervisor. Initially, she reported being laid off for unemployment benefits but later disclosed the true circumstances. The Commissioner of Labor and subsequently the Unemployment Insurance Appeal Board ruled her ineligible for benefits due to misconduct. The court reversed the Board's decision, concluding that her isolated use of profanity under stressful circumstances did not constitute misconduct disqualifying her from benefits, and that her pre-benefit disclosure meant no willful false statement was made. The matter was remitted for further proceedings.

misconductunemployment benefits eligibilityinsubordinationprofanityfalse statementemployer dischargeappellate reviewdue processstressful circumstancesisolated incident
References
8
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