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

Case No. 71 Civ. 2877
Regular Panel Decision

Commission v. Local 638 ... Local 28 of Sheet Metal Workers International Ass'n

The City of New York moved to modify a prior contempt order to establish a hiring hall operator selection committee and secure compensation for its representatives. Defendant Local 28 opposed the compensation, suggesting alternative funding or a delay pending a financial audit. The court granted the modification, authorizing the committee's formation and ordering Local 28 to pay the plaintiff's representatives at the journeyperson hourly rate, plus expenses. The judge dismissed Local 28's financial hardship claims due to insufficient evidence and the union's history of non-compliance with anti-discrimination orders. This decision ensures the effective implementation of equal employment opportunities for nonwhite members through the hiring hall.

DiscriminationContemptHiring HallCompensationUnionAffirmative ActionEmployment OpportunitiesJudicial ReviewCivil RightsSanctions
References
10
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. ADJ237189 (RIV 0058701)
Regular
May 22, 2009

DONALD K. SMITH vs. CITY OF SANTA ANA

This case concerns an applicant's attorney's petition for reconsideration regarding appellate costs and attorney's fees. The Workers' Compensation Appeals Board affirmed its prior decision, which had affirmed the finding of industrial injury to the heart and prostate but barred the skin cancer claim due to the statute of limitations. The Board ordered the applicant's attorney to reimburse the applicant $390 improperly solicited and received, while ordering the defendant to pay appellate costs of $382.79 upon confirmation of the reimbursement. The Board declined to increase the attorney's fee, finding it already exceeded typical ranges and that the attorney had not demonstrated entitlement to more.

Workers' Compensation Appeals BoardReconsiderationRemittiturStatute of LimitationsSkin CancerHeart InjuryProstate CancerPermanent DisabilityAttorney's FeeAppellate Costs
References
2
Case No. ADJ4247629
Regular
Feb 14, 2013

KENNETH SOLANO vs. COLTON DISPOSAL, ACE USA, CANNON COCHRAN MANAGEMENT SERVICES, INC.

This case involves Kenneth Solano's workers' compensation claim where the employer, Colton Disposal, and its insurer are challenging an order directing them to pay Dr. Robert Rose, the applicant's Qualified Medical Evaluator (QME). The employer argued that QMEs must file liens for payment and that the order would cause irreparable harm. The Workers' Compensation Appeals Board (WCAB) denied the employer's petition for removal, adopting the WCJ's report. The WCAB admonished the employer for its "frivolous" contention regarding QME payment, noting that the employer failed to pay or object to Dr. Rose's admitted medical-legal expenses, thereby obstructing discovery.

Workers' Compensation Appeals BoardRemovalQualified Medical EvaluatorMedical-Legal ExpensesLabor Code Sections 4061/4062Official Medical Fee SchedulePetition for CreditThird Party CreditParkinson's DiseaseIndustrial Injury
References
1
Case No. MISSING
Regular Panel Decision

Flores v. Amigon

Plaintiff Maria Flores sued her former employer, La Flor Bakery, for unpaid overtime wages under federal and state laws. During discovery, La Flor Bakery requested Flores' immigration documents, social security number, and passports, arguing this information was relevant to a defense based on the Immigration Reform and Control Act of 1986 (IRCA) and the Hoffman Plastic Compounds, Inc. Supreme Court decision, which it contended would preclude back pay for undocumented aliens. Flores filed a motion for a protective order, asserting that her immigration status was irrelevant to her Fair Labor Standards Act (FLSA) claims and that disclosing such information would have an intimidating effect. The court, distinguishing Hoffman Plastic as applying to back pay for work not performed, found Flores' immigration status irrelevant to her claims for wages for work already completed. Consequently, the court granted Flores' motion for a protective order, concluding that the potential prejudice of disclosing her immigration status significantly outweighed any minimal probative value for the defense.

Fair Labor Standards ActFLSAImmigration Reform and Control ActIRCAundocumented workersback payovertime wagesprotective orderdiscoveryimmigration status
References
10
Case No. MISSING
Regular Panel Decision
Feb 27, 1964

Beirne v. Habel

The court considered two orders. An order entered on February 14, 1964, was unanimously affirmed without costs. Another order entered on February 27, 1964, which denied a motion to vacate a prior order appointing a receiver, was unanimously modified. The modification was made on legal and factual grounds, and in the exercise of discretion, to terminate the receivership upon the plaintiffs-appellants paying the receiver $100 plus actual expenses, including bond premium. The initial appointment of the receiver was deemed justified due to the parties' agreement in open court. However, the litigation settled and was discontinued within a week of the appointment, and the receiver reportedly did not take possession, receive funds, or perform significant services beyond qualifying.

receivershipmotion to vacatesettlementdiscontinuanceappellate decisionjudicial discretioncourt ordersexpensesbond premiumagreement in court
References
0
Case No. MISSING
Regular Panel Decision

Madison County Commissioner of Social Services ex rel. Chafee v. Felker

This case involves an appeal from a Family Court order that found the respondent in willful violation of a child support order. The respondent, the father of a son born in 2002, failed to pay $25 per week in child support to Mary Chafee, as mandated by a May 2007 order. The Family Court affirmed the Support Magistrate's finding of willful violation and imposed a sentence of incarceration, conditional upon payment of $3,650 in arrears. The appellate court rejected the respondent's arguments, including his inability to pay due to lack of income and his claim regarding the $500 arrears cap, citing a lack of credible evidence and his failure to seek modification of the original support order. Consequently, the Family Court's determination was affirmed.

Child SupportWillful ViolationArrearsFamily Court ActParental ObligationContempt of CourtAbility to PayModification of SupportAppeal DecisionSupport Magistrate
References
9
Case No. 90-CV-641
Regular Panel Decision
Jun 05, 1993

Verone v. Taconic Telephone Corp.

Chief Judge McAvoy presided over an order regarding motions for recusal and contempt in case 90-CV-641. Plaintiff Thomas A. Verone sought the recusal of the judge and to hold his attorney, Paul A. Moore, in contempt for failing to comply with prior orders concerning sanction payments. The court denied the recusal motion, finding no sufficient basis for disqualification. However, the court found clear and convincing evidence of Paul A. Moore's noncompliance, granting the contempt motion. Moore was ordered to pay Thomas A. Verone $6,980.00 within thirty days, with the provision for his arrest and confinement by the United States Marshal if he failed to comply.

Civil ContemptAttorney SanctionsRecusal MotionRule 11 SanctionsPayment DefaultJudicial OrdersNoncomplianceConditional ArrestLegal EthicsJudicial Integrity
References
11
Case No. MISSING
Regular Panel Decision

In re the Arbitration between City of Lackawanna & AFSCME, AFL-CIO Local Union No. 1205

This case addresses the determination of compensation due to four City of Lackawanna employees—Levulis, Dombrowski, Plaza, and Michalek—who were wrongfully discharged. An arbitrator initially ordered their reinstatement with full compensation, which the Supreme Court confirmed after the City's attempt to vacate the award was denied and subsequent appeals were dismissed due to lack of prosecution. Despite court orders, the City delayed reinstatement and compensation, leading to a judgment for back pay and a contempt order. The central issue before the court is how to calculate the back pay, specifically concerning deductions for earnings from other employment held concurrently with municipal employment prior to discharge, and claims for vacation, personal leave, and birthday pay. The court ruled that earnings from pre-existing second jobs are not deductible from back pay and that vacation, personal leave, and birthday pay are not due over and above full pay reimbursement, holding the City responsible for the extensive delays.

Wrongful DischargeBack Pay CalculationCivil Service LawDeductions from WagesDual EmploymentArbitration Award EnforcementContempt of CourtPublic Employee RightsReinstatementErie County Supreme Court
References
7
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