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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Arbitration between State Laundry Corp. & Laundry Workers Joint Board

The respondent sought to open a default on a motion to confirm an arbitration award, which was granted on November 29, 1960. The respondent's attorney was informed of the default on November 28, 1960, and was served with the order on December 13, 1960. Despite this, the motion to open the default was not filed until February 21, 1960, nearly three months later, with the only explanation being an unspecified family death. The court denied the motion, finding the excuse for the significant delay insufficient and the respondent's affidavit of merits lacking in facts necessary to vacate or modify the award. The court also affirmed that a party who participated in arbitration cannot claim the arbitrator exceeded authority, and judicial intervention is unwarranted for factual or legal errors if the arbitrator had jurisdiction.

ArbitrationDefault JudgmentMotion PracticeExcuse for DelayAffidavit of MeritsJurisdictionJudicial Review of Arbitration AwardsCivil Practice ActArbitrator AuthorityDenial of Motion
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. ADJ3310545
Regular
Dec 07, 2017

LANCE GOODWIN vs. EDW APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case involves an award of additional attorney's fees under Labor Code § 5801. The Second District Court of Appeal previously remanded the matter for such an award after denying the defendant's Petition for Writ of Review. Applicant's counsel and the defendant stipulated to reasonable attorney's fees of $8,000.00 for services rendered in responding to the petition. The Board found the stipulated amount reasonable and issued the award to the applicant's law firm.

Writ of ReviewAttorney's FeesLabor Code § 5801RemandStipulationAppellate Attorney's FeesWorkers' Compensation Appeals BoardPacific Compensation Insurance CompanyEDW APFFELS COMPANYINC.
References
1
Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
1
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. ADJ8374764
Regular
Oct 29, 2018

RODY CONTRERAS vs. CITY OF REDONDO BEACH

This case concerns an award of additional attorney's fees to applicant's counsel. The Second District Court of Appeal remanded the matter for such fees after denying the defendant's petition for writ of review. The parties subsequently stipulated to reasonable appellate attorney's fees of $1,600.00. The Workers' Compensation Appeals Board has issued an award for these stipulated fees, payable in addition to any compensation to the applicant.

Workers' Compensation Appeals BoardLabor Code Section 5801additional attorney's feesPetition for Writ of Reviewremandstipulationappellate attorney's feesCity of Redondo BeachPermissibly Self-InsuredAdminSure
References
1
Case No. EUR 039535
Regular
Mar 26, 2009

CASEPH G. HATLEY (deceased) LORENE I. HATLEY (widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL and STATE COMPENSATION INSURANCE FUND

Following a Court of Appeal remand, the Workers' Compensation Appeals Board awarded $3,500.00 in appellate attorney's fees to applicant's counsel, Law Offices of Jane E. Naekel. This award was based on a stipulation between applicant and defendant, represented by the Attorney General, for services rendered in responding to the defendant's Petition for Writ of Review. The Board found the stipulated amount to be fair and reasonable.

Labor Code § 5801Attorney's FeePetition for Writ of ReviewAppeals BoardCalifornia Highway PatrolState Compensation Insurance Fundappellate attorney's feeLaw Offices of Jane E. NaekelRemandStipulation
References
1
Case No. ADJ3584368 (AHM 0049668)
Regular
May 15, 2013

STEVE GIANNINI vs. CITY OF IRVINE

This case involves a Workers' Compensation Appeals Board decision concerning attorney's fees. Following a Court of Appeal order to award fees for responding to the defendant's writ of review, the parties stipulated to $3,547.12. The Board has accepted this stipulation. An award is therefore made in favor of applicant's counsel, Leonard Stern, against the City of Irvine for this appellate attorney's fee. This fee is in addition to any compensation otherwise payable to the applicant.

WORKERS' COMPENSATION APPEALS BOARDSTEVE GIANNINICITY OF IRVINECORVEL INSURANCE COMPANYADJ3584368ADJ2266028ADJ4420242ADJ4296333ADJ1443533ADJ814285
References
1
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