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Case Law Database

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

Case No. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
2
Case No. MISSING
Regular Panel Decision

A.V.E.L.A., Inc. v. Estate of Marilyn Monroe, LLC

This Opinion and Order addresses motions to dismiss in an ongoing, multi-year intellectual property dispute centered on Marilyn Monroe's image rights. Counter-claimants V. International Fine Arts Publishing, Inc. and X One X Movie Archives Inc. brought various counterclaims against the Estate of Marilyn Monroe, LLC, Authentic Brands Group LLC, James Salter (Estate Movants), and Leonard Green & Partners, L.P. (LGP). The counterclaims included allegations of trademark cancellation (lack of distinctiveness, functionality, fraud), attempted monopolization under the Sherman Act and Nevada law, deceptive practices under New York law, tortious interference with contracts, and intentional interference with prospective economic advantage. The Court granted LGP's motion to dismiss in full and partially granted and denied the Estate Movants' motion. Several counterclaims were dismissed without prejudice, while claims for trademark cancellation based on lack of distinctiveness and functionality, and V. International's claim for intentional interference with prospective economic advantage, survived.

Intellectual PropertyTrademark DisputeAntitrust LawMotion to DismissCounterclaimsMarilyn MonroeLanham ActSherman ActNew York Business LawNevada Unfair Trade Practices Act
References
87
Case No. ADJ8661311, ADJ9607150
Regular
May 17, 2016

MARILYN RICHARD vs. COUNTY OF SAN BERNARDINO

This case involves Applicant Marilyn Richard's petition for removal to the Appeals Board. The Board denied the petition, adopting the WCJ's reasoning that removal is an extraordinary remedy. Applicant failed to demonstrate substantial prejudice or irreparable harm if removal is not granted. Furthermore, reconsideration was deemed an adequate remedy should an adverse decision arise later.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyFinal DecisionApplicantDefendant
References
1
Case No. ADJ8752928
Regular
Feb 23, 2016

BRAD MITCHELL vs. MARILYN GREENBERG LOAN ACCOUNTS, AAA NORTHERN CALIFORNIA INSURANCE EXCHANGE, administered by TRISTAR RISK MANAGEMENT

This case is dismissed because the Applicant's Petition for Reconsideration was unverified, violating Labor Code section 5902 and related regulations. The Applicant was given notice of this defect and a reasonable time to cure it, but failed to do so. Additionally, the petition lacked the required proof of service. If not for the procedural defect, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionVerification RequirementLabor Code Section 5902Lucena v. Diablo Auto BodySignificant Panel DecisionWCJ ReportProof of ServiceLabor Code Section 5905Workers' Compensation Appeals Board
References
1
Case No. ADJ4144295 (VNO 0513817)
Regular
May 07, 2014

MARILYN KINMAN vs. AETNA, INC.; HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Marilyn Kinman's petition for reconsideration against Aetna and Hartford Insurance Company. The Board found the petition to be untimely, skeletal, and lacking specific grounds for reconsideration. Furthermore, the applicant's attorney failed to adequately explain why new evidence regarding stale medical reports could not have been presented earlier, despite ample opportunity for discovery over five years. Consequently, the Board adopted the WCJ's report and formally dismissed the petition.

ADJ4144295VNO 0513817Petition for Reconsiderationuntimelyskeletalstale medical reportsWCAB Rule 10856(e)discoveryfive yearsdismissal
References
0
Case No. MISSING
Regular Panel Decision

New York City Board of Education v. Ambach

This CPLR article 78 proceeding challenged a determination by the Commissioner of Education. The Commissioner ordered the petitioner, the Committee on the Handicapped, District 28 (COH), to reimburse Marilyn P. for tuition and maintenance costs for her handicapped child. The COH had initially found the child not handicapped and failed to provide timely formal written notice of its determination to the mother, violating Education Law regulations. An independent hearing officer reversed the COH's finding but denied reimbursement. Upon appeal, the Commissioner affirmed the handicapped finding and ordered reimbursement due to the COH's procedural violations. The court upheld the Commissioner's finding that the child was handicapped and the entitlement to reimbursement, citing a rational basis for the decision and deference to the agency's interpretation. However, the court modified the determination, annulling the order for the petitioner to pay the full cost, and remitted the matter for apportionment of costs between the petitioner and the State of New York, as per Education Law sections 4405 and 4407.

CPLR Article 78Administrative ReviewEducation LawHandicapped Child PlacementTuition ReimbursementProcedural Due ProcessNotice RequirementsTimeliness ViolationsAgency DeferenceCost Apportionment
References
10
Case No. ADJ6772495; ADJ7394371; ADJ11006855; ADJ7648530; ADJ6788916
Regular
Oct 22, 2025

Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, Kuchita Hawthorne vs. Learning Care Group, Coca Cola Enterprises, IHSS Solano County, AC Transit, UPS

Applicants Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, and Kuchita Hawthorne filed a joint Petition for Removal challenging a Workers' Compensation Judge's (WCJ) July 13, 2022 orders. These orders denied their petitions to set their cases on a non-OD-Legal block day and to terminate all OD-Legal Block days at the Oakland District Office, citing the WCJ's lack of authority. The Appeals Board, after reviewing the petition and the WCJ's report, denied the Petition for Removal. The Board determined that removal, an extraordinary remedy, was not warranted as the petitioners failed to show substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy.

Petition for RemovalWCABWCJOD-Legal Block DayScheduling AuthorityExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAppeals Board
References
7
Case No. MISSING
Regular Panel Decision
Mar 21, 2012

Signorelli v. Troy Lodge 141 Benevolent & Protective Order of Elks

Marilyn F. Signorelli and her husband commenced a negligence action after Marilyn tripped and fell on a carpeted staircase in the defendant's building in Troy, Rensselaer County. The plaintiffs claimed the fall was due to the defective condition of the staircase. The defendant moved for summary judgment, arguing they maintained the staircase safely and had no notice of any dangerous condition, citing no prior falls or complaints and regular maintenance. The Supreme Court granted the defendant's motion, dismissing the complaint. On appeal, the plaintiffs failed to present sufficient evidence to raise a factual issue regarding the staircase's condition or a causal link to the fall, thus not overcoming the defendant's prima facie showing. The appellate court affirmed the Supreme Court's order.

NegligencePremises LiabilitySummary JudgmentTrip and FallStaircase AccidentWorn CarpetActual NoticeConstructive NoticeCausationPrima Facie
References
7
Case No. N-345/347-96M and N-536/541-94M
Regular Panel Decision

In re Alfred B.

The Monroe County Department of Social Services filed a petition to terminate the parental rights of Alfred B. and Marilyn B. concerning their four sons, alleging a violation of a suspended judgment order. The petition was later withdrawn for Marilyn B. and for two older sons, focusing solely on Alfred B. and his two younger sons, Derrick and Darren. The court found that Alfred B. violated the suspended judgment order by failing to maintain suitable housing and refusing to cooperate with a recommended halfway house program, despite complying with other conditions like counseling and treatment. Consequently, the court granted the petition, terminating Alfred B.'s parental rights for Derrick and Darren.

Parental Rights TerminationSuspended Judgment ViolationPermanent NeglectChild WelfareFamily CourtMonroe CountySocial Services LawSubstance AbuseMental Health CounselingHousing Instability
References
5
Case No. MISSING
Regular Panel Decision

Ramos v. Triborough Bridge & Tunnel Authority

In this personal injury action, Raymond Ramos and Antonio Mayo were injured when Ramos's car collided with a stopped TBTA tow truck driven by Franklin Daniels on the Whitestone Bridge. Actions were brought against TBTA and Daniels for negligence in failing to set cones or illuminate directional arrows. A jury awarded damages to Antonio Mayo, Marilyn Mayo, and Raymond Ramos, apportioning liability 65% to TBTA and 35% to Ramos. The IAS Court conditionally ordered a new trial on damages if plaintiffs did not accept reduced awards; Antonio Mayo stipulated, but Marilyn Mayo and Ramos did not. The appellate court affirmed the jury's liability determination and the IAS Court's conditional order for a new trial, rejecting TBTA's arguments regarding legislative mandates, professional judgment standards, and pleading technicalities.

Personal InjuryAutomobile AccidentNegligenceComparative NegligenceDamagesJury VerdictAppellate ReviewTow Truck OperationsPublic Authorities LawCivil Procedure
References
3
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