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

Case No. ADJ9163491; ADJ9163494
Regular
Jan 09, 2015

RIGOBERTO NORIEGA vs. BEST WESTERN TOWN & COUNTRY

This case concerns an applicant's petition for removal after the WCJ denied his objection to a QME's report. The applicant argued the QME report was untimely and prejudicial because it issued a zero impairment rating. The Appeals Board denied removal, finding the applicant waived his objection by not requesting a replacement QME panel until after receiving the unfavorable report. The Board cited precedent preventing parties from waiting to see if a report is favorable before objecting to its timeliness. Commissioner Zalewski dissented, believing the applicant could object after receipt as long as the objection preceded the replacement panel request.

Petition for RemovalQualified Medical EvaluatorQME reportuntimely filingservice of reportreplacement panelobjectionstatutory timeframesLabor CodeAdministrative Director Rule
References
3
Case No. MISSING
Regular Panel Decision

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. ADJ4133886 (AHM 0150741)
Regular
Jan 18, 2011

HUGO ABADIA vs. QUICKSILVER, INC., ACE USA

This case involves a dispute over an applicant's entitlement to spinal surgery following an admitted industrial injury. The defendant seeks reconsideration of a decision awarding surgery, arguing the utilization review denial was timely and the applicant waived timeliness objections by agreeing to an Agreed Medical Examiner (AME) process. The Appeals Board granted reconsideration, finding the applicant waived their right to object to the timeliness of the utilization review by participating in the AME process. Consequently, the Board rescinded the award and remanded the case for further proceedings to address the medical necessity of the surgery, including the AME's reports.

Workers' Compensation Appeals BoardUtilization ReviewAgreed Medical ExaminerReconsiderationExpedited HearingFindings and AwardSpinal SurgeryLow Back InjuryWaiverTimeliness
References
2
Case No. ADJ6664260
Regular
Dec 15, 2014

RODOLFO DE LA TORRE vs. DESIGNED METAL CONNECTIONS, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order that had removed lien claimant Frontline Medical Associates' lien. Frontline claimed it filed a timely objection to the notice of intention to dismiss, but this objection was not recorded in the system. The Board found that the WCJ's failure to consider Frontline's objection may have violated due process. Therefore, the dismissal order was rescinded, and the case was returned to the trial level for further proceedings to determine the timeliness of the objection and its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantDismissal OrderNotice of Intention to Dismiss LienDue ProcessCompromise and ReleaseLien TrialFileNetElectronic Adjudication Management System
References
3
Case No. WR 78,113-01
Regular Panel Decision
Mar 19, 2015

Garza, Humberto

This document contains Applicant Humberto Garza's objections to the Convicting Court's Findings of Fact and Conclusions of Law, and its recommendation to deny habeas corpus relief. Garza seeks the withdrawal of the February 12, 2015 Order, the recusal of Judge Noe Gonzalez, and the assignment of a different judge or revised findings. The objections are rooted in concerns over alleged ex parte communications with the jury by the judge and bailiff, the court's adoption of the State's findings, and insufficient funding for case development. Additionally, Garza objects to the exclusion of expert reports diagnosing Fetal Alcohol Spectrum Disorder and outlining its impact on his life.

Ineffective Assistance of CounselHabeas CorpusRecusal MotionJury MisconductEx Parte CommunicationJudicial ImpartialityFetal Alcohol Spectrum DisorderMitigation EvidenceCapital PunishmentDeath Penalty
References
76
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. ADJ576200
Regular
Dec 01, 2011

ROBIN DVORKIN vs. COUNTY OF SACRAMENTO, COUNTY OF SACRAMENTO WORK COMP

This case involves a dispute over the timeliness of an applicant's objection to a utilization review (UR) denial of prescribed medications for an industrial injury. The defendant, County of Sacramento, argued the applicant failed to object within the statutory twenty-day period. The Workers' Compensation Appeals Board affirmed the judge's finding that the applicant's objection was timely. The Board adopted the judge's reasoning and denied the defendant's petition for reconsideration.

Utilization ReviewNon-certificationTreating PhysicianIndustrial InjuryAgreed Medical ExaminerLabor Code section 4062Petition for ReconsiderationWCJ Report and RecommendationWorkers' Compensation Appeals BoardPermissibly Self-Insured
References
0
Case No. MISSING
Regular Panel Decision

In Re Messing

The debtor, Patrick F. Messing, sought to exempt his $6,365.45 interest in an ERISA-qualified pension benefit plan established by his employer, J.B.F. Associates, Inc. He claimed the exemption under both Tennessee law (Tenn.Code Ann. § 26-2-104(b)) and federal law (11 U.S.C.A. § 522(b)(2)(A)). The trustee, Ann Mostoller, objected to both claims. The court sustained the trustee's objection to the Tennessee law claim, finding the state statute preempted by ERISA. However, the court denied the trustee's objection to the federal law claim, concluding that ERISA § 206(d)(1) establishes a cognizable federal exemption. Therefore, the debtor's claim of exemption was granted under federal law but denied under state law.

ERISABankruptcyExemptionPension PlanEmployee BenefitsFederal PreemptionAnti-AlienationChapter 7Debtor's RightsTrustee Objection
References
38
Case No. ADJ8 140254
Regular
Mar 25, 2016

JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied liability for applicant's spinal surgery. The applicant argued the defendant improperly denied benefits based on an unsigned objection to the treating physician's recommendation. The Board found the defendant's objection may not have been timely initiated, a point not raised at trial. Therefore, the Board rescinded the prior decision and returned the case to the trial level for further proceedings and evidence regarding the timeliness of the objection.

WCABspinal surgerytemporary disabilityLabor Code section 4850Labor Code section 4062(b)objection to treating physiciansecond opinion processutilization reviewtimelinerescinded
References
2
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