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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 Adoption of J.

The case concerns an adoption proceeding initiated by a same-sex couple. The court addresses whether to appoint a guardian ad litem for the adoptive infant, a practice previously common in same-sex adoptions due to their novelty. Citing Matter of Dana, which affirmed the legality of same-sex and heterosexual unmarried couple adoptions, the court found no legal basis to treat same-sex adoptions differently from those by married couples, where a guardian ad litem is not automatically appointed if statutory requirements and social worker reports are favorable. The court concluded that denying equal treatment could violate federal and state equal protection clauses, deciding against appointing a guardian ad litem unless special circumstances are present.

AdoptionSame-sex coupleGuardian ad litemBest interest of childEqual protectionDomestic Relations LawStatutory interpretationCourt of AppealsSurrogate's CourtFamily Law
References
2
Case No. MISSING
Regular Panel Decision

Geddes v. Cessna Aircraft Co.

This Memorandum and Order addresses the proposed distribution of a $1,800,000.00 wrongful death settlement for the estate of Warren H. Geddes, who died in a plane crash. The plaintiffs, including the widow Leticia Geddes and three minor children, presented a distribution plan that substantially increased the widow's share compared to the 'In re Kaiser's Estate' formula. U.S. Magistrate Judge Chrein expressed concerns regarding this proposed allocation and the absence of a guardian ad litem to protect the minor children's interests. Acknowledging criticisms of the Kaiser formula, the court found insufficient justification for such a significant deviation in favor of the spouse. Consequently, the court ordered the appointment of a guardian ad litem due to the inherent conflict of interest and directed the plaintiffs to provide detailed documentation of expenditures made for the children's sole benefit.

Wrongful DeathSettlement DistributionGuardian Ad LitemInfant's InterestsPecuniary LossKaiser FormulaConflict of InterestAttorney FeesWorkers Compensation LienEstate Law
References
14
Case No. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
0
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
1
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
3
Case No. MISSING
Regular Panel Decision

In re D. Children

The Monroe County Department of Social Services sought Family Court approval for the voluntary transfer of custody of five children from the D. family. Following approval, the Family Court appointed Sally Moore as a guardian ad litem and later ordered the Department of Social Services to cooperate with her. The Director of the Department of Social Services appealed these orders, contending that the Family Court lacked jurisdiction after approving the initial voluntary transfer instrument. The appellate court agreed, ruling that the Family Court's jurisdiction under Social Services Law § 358-a terminated upon approval, and therefore, it lacked authority to appoint a guardian ad litem or compel cooperation with the CASA volunteer without a pending proceeding. The court reversed and vacated the Family Court's orders, emphasizing that any extension of judicial oversight in foster care matters must be legislatively granted.

Family LawChild CustodyVoluntary PlacementSocial Services LawFamily Court JurisdictionGuardian ad LitemCASAAppellate ReviewStatutory InterpretationFoster Care
References
6
Case No. MISSING
Regular Panel Decision

In re Eggleston

This case involves an appeal from an order entered May 29, 2002, which summarily dismissed a petition for the appointment of a guardian under Article 81 of the Mental Hygiene Law. The petitioner, Commissioner of Social Services, sought a guardian for a 69-year-old respondent facing eviction and exhibiting inability to manage personal needs and property due to profound depression. The lower court dismissed the petition without a hearing and declined to appoint counsel for the respondent, despite recommendations from a court evaluator and the respondent's requests. The appellate court unanimously reversed the dismissal, reinstated the petition, and remanded the case for further proceedings, emphasizing the necessity of a hearing and the appointment of counsel to ensure due process and proper adjudication under Article 81. The court highlighted that Article 81 mandates evaluating specific incapacities to tailor guardianship powers and that a hearing is crucial for presenting evidence and ensuring fairness.

GuardianshipMental Hygiene Law Article 81IncapacityDue ProcessRight to CounselEvictionDepressionAppellate ReviewRemandPsychiatric Evaluation
References
2
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. VNO 0423516
Regular
Mar 28, 2008

Mehrdad Taimourzadeh vs. ALPRO MILLWORKING, GOLDEN EAGLE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order approving a settlement agreement. The applicant claims his Guardian Ad Litem was improperly appointed without proof of incompetence, and his son fraudently spent the settlement proceeds. The Board will allow a hearing to determine if good cause exists to set aside both the settlement and the guardianship appointment.

Workers' Compensation Appeals BoardCompromise and Release AgreementGuardian Ad LitemPetition for ReconsiderationRescinded OrderIncompetenceFraudulent ConductHomelessnessAvailable FundsLegal Basis
References
0
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