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

Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
2
Case No. MISSING
Regular Panel Decision

Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

This memorandum decision addresses consolidated appeals arising from the bankruptcy of American Airlines and its parent corporation, AMR. The appellants, a group of current pilots nearing retirement known as the “B Pilots,” challenged three orders of the bankruptcy court. These orders authorized American to reject its collective bargaining agreement (CBA) with the American Pilots Association, approved a new CBA settling B Pilots’ grievances, and allowed American to amend its pension plan by eliminating lump-sum payouts. The district court affirmed the bankruptcy court’s orders, finding that the B Pilots were not 'interested parties' under 11 U.S.C. § 1113 to object to the CBA rejection, that the rejection abrogated previous guarantees, and that the grievances related to the old CBA did not survive its rejection.

BankruptcyAirline IndustryCollective Bargaining AgreementPension PlanLabor LawPilotsRetirement BenefitsGrievancesChapter 11Union Disputes
References
40
Case No. ADJ7106767
Regular
Dec 16, 2013

JORGE IBARRA vs. BEVERLY WILSHIRE HOTEL, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Applicant Ibarra's Petition for Removal regarding the order to take the case off calendar. The Board found Applicant failed to show significant prejudice from delaying trial to clarify if the primary treating physician possessed specific treadmill test results. Furthermore, the Board noted Applicant filed declarations of readiness to proceed while discovery, specifically a vocational expert report, remained incomplete, indicating the case was not trial-ready. The matter was returned to the WCJ to consider sanctions against Applicant's counsel for prematurely filing declarations of readiness.

Petition for RemovalOff CalendarMandatory Settlement ConferenceIndustrial InjuryCumulative PeriodPrimary Treating PhysicianVocational Expert ReportUncompleted DiscoveryQualified Medical EvaluatorSanctions Proceedings
References
2
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. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
0
Case No. ADJ2041648 [SDO 0319858] ADJ2762432 [SDO 0319859] ADJ772603 [SDO 0319860]
Regular
Sep 23, 2008

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The appeals board granted defendant's petition for removal, rescinding the order rejecting the declaration of readiness to proceed. The case is returned to the trial level for further proceedings.

RemovalOrder Rejecting Declaration of ReadinessOff-calendarDue ProcessEx parte letterContinuanceADA accommodationDeclaration of ReadinessWrongful terminationPetition for Writ of Mandate
References
0
Case No. ADJ9155937
Regular
Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal. The defendant argued that the case should have proceeded to trial, not a priority conference, because the applicant did not object to the declaration of readiness. The Board rescinded the WCJ's order, returning the matter for a mandatory settlement conference. This will allow the applicant's attorney to present evidence regarding the objection to the declaration of readiness.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file
References
0
Case No. 99 Civ. 3200(DLC)
Regular Panel Decision

Cordius Trust v. KUMMERFELD ASSOCIATES, INC.

The court found Donald D. Kummerfeld, Elizabeth M. Kummerfeld, and Kummerfeld Associates, Inc. in civil contempt for failing to comply with discovery orders and restraining notices. The Kummerfelds repeatedly evaded judgment enforcement by activities such as increasing the mortgage on their Cape Cod property, filing a homestead declaration, and making significant expenditures instead of satisfying the judgment. The court rejected arguments of ambiguous notices and upheld the validity of the restraining orders based on due process considerations. As sanctions, the Kummerfelds were ordered to pay $10,000 for fees and costs, Donald Kummerfeld to complete discovery, and both to provide documentation on their Cape Cod property's value. Failure to comply would result in further remedial and coercive sanctions.

Civil ContemptDiscovery SanctionsPost-Judgment EnforcementRestraining OrdersFraudulent TransferPiercing Corporate VeilNew York C.P.L.R. § 5222Massachusetts Homestead ExemptionAttorneys' FeesMagistrate Judge Order
References
47
Case No. ADJ7187453
Regular
Sep 17, 2014

PASCUALA GODOY vs. JACK IN THE BOX, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the Administrative Law Judge's order. The judge allowed a 60-day continuance for the applicant to obtain a current physician's report on a potential change in condition. The defendant's contentions, including claims of denied due process due to improper service of a Declaration of Readiness and insufficient grounds for further surgery, were rejected. The Board found no showing of significant prejudice or irreparable harm to warrant removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportAgreed Medical ExaminerDeclaration of ReadinessDefective ServicePermanent and StationaryChange in ConditionFurther SurgeryPre-Trial Conference
References
0
Case No. MISSING
Regular Panel Decision
Dec 22, 2008

QBE Insurance v. D. Gangi Contracting Corp.

The Supreme Court, Appellate Division, affirmed an order declaring that plaintiff insurer QBE was not obligated to defend or indemnify defendant general contractor Gangi in a personal injury action. The court found that QBE properly disclaimed coverage due to Gangi's late notice of the underlying accident, which occurred three years prior. Gangi's president, who had contemporaneous knowledge of the worker D’Ambrosi’s severe injuries, failed to promptly notify QBE. The court ruled that the president's knowledge was imputed to Gangi, triggering its duty to notify, and rejected Gangi's excuse of a good faith belief of nonliability given the severity of the injuries and potential Labor Law strict liability. QBE’s subsequent disclaimer was deemed timely, and effective against D'Ambrosi’s counsel despite not specifically addressing D'Ambrosi’s own notice failure.

Insurance DisclaimerLate NoticeGeneral ContractorWorker InjuryImputed KnowledgeCorporate OfficerPolicy BreachSummary JudgmentAppellate AffirmationNew York Law
References
4
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