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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
Nov 10, 2021

Louie's Seafood Rest., LLC v. Brown

The plaintiffs, Louie's Seafood Restaurant, LLC, and its owners Martin Picone and Michael Guinnane, appealed an order that granted the defendants' motion to dismiss their complaint. The plaintiffs had sued the defendant attorneys, Jeffrey Brown and Lenard Leeds of Leeds Brown Law, P.C., for aiding and abetting fraud, violating Judiciary Law § 487, breach of contract, and fraud in the inducement. These claims stemmed from prior class action and discrimination lawsuits where the defendants represented former employees against the plaintiffs. The Supreme Court initially denied the defendants' motion to dismiss but later, upon renewal and reargument, granted it. The Appellate Division affirmed the dismissal, holding that the Noerr-Pennington doctrine barred the aiding and abetting fraud and Judiciary Law § 487 claims, as the allegations did not fit within the 'sham' or 'corruption' exceptions. Furthermore, the court found the fraudulent inducement claim failed to sufficiently allege justifiable reliance, and the breach of contract claim was abandoned by the plaintiffs.

Aiding and Abetting FraudJudiciary Law § 487Fraudulent InducementNoerr-Pennington DoctrineCPLR 3211(a) DismissalAppellate DivisionMotion to DismissLegal Professional MisconductFirst Amendment RightsLitigation Privilege
References
17
Case No. ADJ770488 (SAC 0338243)
Regular
Aug 12, 2010

LOUIE POTEAT vs. DEPARTMENT OF CORRECTIONS

This case involves a dispute over an attorney's fee award in a workers' compensation matter. The applicant's attorney sought to increase a previously awarded fee of $67,053.42 to $162,339.84, arguing it was a correction of a clerical error based on faulty data and that the Board had jurisdiction to modify awards. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision. The Board found the original fee was a substantive error, not a clerical one, and that increasing it would constitute a substantive change prohibited by Labor Code Section 5804. Additionally, the applicant's attorney failed to comply with notice requirements regarding the applicant's right to independent counsel for fee increase requests.

Workers' Compensation Appeals BoardReconsiderationAttorney FeeCommutationFindings and OrderPermanent Total DisabilityCOLALabor Code Section 5804Disability Evaluation UnitClerical Error
References
0
Case No. ADJ6552779
Regular
Aug 17, 2009

LOUIE BLACKMON vs. THE HOME DEPOT, SEDGWICK 14442 ORANGE

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed against a final order. The WCJ had previously denied the applicant's petition for commutation without prejudice, citing failure to serve the defendant and lack of substantiating documentation. The Board remanded the case to the trial level for a status conference to assist the unrepresented applicant with understanding commutation requirements.

CommutationPetition for ReconsiderationOrder Denying Without PrejudiceStipulated Findings and AwardNewly Discovered EvidenceProof of ServiceFinal OrderLabor Code Section 5900Substantive Rights and LiabilitiesInformation and Assistance Office
References
5
Case No. SAL 0088227, SAL 0092438, SAL 0092439, SAL 0092440
Regular
Apr 11, 2008

LOUIE ARIAS vs. CONSOLIDATED FREIGHTWAYS CORPORATION, CIGA for RELIANCE INSURANCE

The Appeals Board rescinded the WCJ's decision and returned the cases for further proceedings. The primary issue was the WCJ's application of the Wilkinson doctrine for combining permanent disability from multiple injuries, which is no longer generally applicable post-SB 899. The Board remanded the cases to apply the new causation-based apportionment rules established in *Benson v. The Permanent Medical Group*.

Workers' Compensation Appeals BoardConsolidated FreightwaysCIGAReliance InsuranceTIG Insurance CompanyLouie AriasIndustrial InjuryNeck InjuryHead InjuryBack Injury
References
3
Case No. ADJ3992440 (SBR 0339508)
Regular
Nov 23, 2011

LOUIE M. GONZALES vs. MOBILE MINI, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's Minute Order was not a final order, as it did not dispose of substantive rights. Additionally, the Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm as required for such an extraordinary remedy. The WCJ had previously denied the defendant's petition to dismiss for lack of prosecution without prejudice, allowing it to be resubmitted in one year. The defendant sought reconsideration based on alleged new circumstances regarding the applicant's parole violation.

Petition for ReconsiderationPetition for RemovalPetition to Dismiss for Lack of ProsecutionIncarcerated ApplicantParole ViolationIncompetent while incarceratedFinal OrderSubstantive Rights and LiabilitiesSignificant PrejudiceIrreparable Harm
References
5
Case No. ADJ11121478
Regular
Feb 06, 2019

LOUIE GONZALEZ vs. DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior award that found the applicant's injury compensable. The Board ruled that the applicant's fall in a parking lot not owned or controlled by the employer, where parking was neither required nor compensated, was barred by the "going and coming" rule. The Board distinguished this case from exceptions that apply when an employer provides or requires parking, emphasizing the applicant's commute was not under employer control. Therefore, the applicant's injury was deemed not to have arisen out of and in the course of employment.

Going and Coming RuleSpecial Risk ExceptionEmployer PremisesEmployer ControlParking LotCommuteLiberal ConstructionLabor Code Section 3202Borderline CaseAdministrative Law Judge
References
14
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