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Case No. ADJ7659350

Regular

Jul 22, 2016

CRYSTAL SELTZER vs. RADIO SHACK, LIBERTY MUTUAL INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the defendant was not aggrieved by the WCJ's decision. The WCJ correctly found that the applicant failed to prove new and further disability, thus denying the petition to reopen. Any mention of further medical treatment for the neck in the WCJ's opinion was considered obiter dictum and not a final order. Therefore, the defendant had no final order to appeal.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityStipulated AwardMedical TreatmentCervical SpineIndustrial InjuryObiter DictumAggrieved PartyLabor Code Section 5803

References

Case No. MISSING

Regular Panel Decision

Jun 19, 1984

Paladino v. Taxicab Industry Pension Fund

Plaintiff Angelo Paladino sued the Taxicab Industry Pension Fund trustees, seeking a declaratory judgment regarding his rights to pension benefits under ERISA. He alleged the denial of his pension was arbitrary and capricious, and a breach of fiduciary duty. The defendants moved to strike the jury demand. The court analyzed whether a Seventh Amendment right to a jury trial exists for ERISA actions, concluding that while not explicitly constitutional, congressional intent implied a right to a jury trial for factual disputes in such enforcement actions. Referencing conflicting circuit decisions and a dictum from the Second Circuit, the court ultimately granted the plaintiff's right to a jury trial, requiring both parties to agree on special interrogatories.

ERISAPension BenefitsJury TrialFiduciary DutyDeclaratory JudgmentMotion to Strike Jury DemandContract LawEmployee BenefitsFederal JurisdictionArbitrary and Capricious Standard

References

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CRYSTAL SELTZER vs. RADIO SHACK, LIBERTY MUTUAL INSURANCE FUND

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityStipulated AwardMedical TreatmentCervical SpineIndustrial InjuryObiter DictumAggrieved PartyLabor Code Section 5803

Paladino v. Taxicab Industry Pension Fund

ERISAPension BenefitsJury TrialFiduciary DutyDeclaratory JudgmentMotion to Strike Jury DemandContract LawEmployee BenefitsFederal JurisdictionArbitrary and Capricious Standard