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

Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision

Goldberg v. Edson

The plaintiffs appealed two orders from the Supreme Court, Rockland County. The first order, dated January 5, 2006, granted summary judgment to defendants Page Edson and the County of Rockland, dismissing the complaint against them regarding claims of legal and medical malpractice. The second order, dated January 23, 2006, granted summary judgment to defendant Elizabeth O’Connor, dismissing the complaint against her for legal malpractice. The appellate court affirmed both orders, finding that Edson and the County were immune from liability under Social Services Law § 419 for reporting suspected child abuse and removing a child, and that O’Connor was not negligent in her legal services.

Legal MalpracticeMedical MalpracticeSummary JudgmentChild Abuse ReportingSocial Services LawImmunityMandated ReportersAppellate ReviewGood FaithNegligence
References
6
Case No. ADJ10030614
Regular
Jun 30, 2016

ARNULFO TORRES vs. STARR STAFFING, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order. Defendants sought to correct a stipulated date of injury, April 15, 2015, which was after the applicant's last day of employment on January 26, 2015. The applicant later filed an amended application, changing the claim to a cumulative injury ending on January 26, 2015, potentially rendering the specific date of injury irrelevant. The Board amended the original order to defer the determination of the specific date of injury, affirming all other findings.

StipulationDate of InjuryPetition for ReconsiderationFindings and OrderWCJDeferred IssueCumulative InjurySpecific InjuryApplication for AdjudicationLast Date of Employment
References
0
Case No. ADJ4088637 (RIV 0053165) ADJ622123 (RIV 0068585)
Regular
May 26, 2010

JAMES B. OTT vs. CITY OF ANAHEIM

This case involves an applicant seeking to correct a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant correctly points out that the previously awarded commencement date for temporary total disability indemnity was January 23, 2004, whereas a lower decision had established it as January 23, 2003. The defendant did not dispute the earlier commencement date during their prior reconsideration petition. The WCAB reviewed the file and determined the January 23, 2004 date was indeed a clerical error, ordering its correction to January 23, 2003.

Workers' Compensation Appeals BoardPetition to Correct Clerical ErrorTemporary Total Disability IndemnityCommencement DateService RetirementAmended Findings and AwardWorkers' Compensation Administrative Law JudgeOpinion and Decision after ReconsiderationJoint Findings of Fact
References
3
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
0
Case No. 13-71842-ast; 13-72354-ast
Regular Panel Decision
Jun 08, 2015

In re 1990's Caterers Ltd.

Richard Bivona, one of the petitioning creditors in an involuntary Chapter 7 bankruptcy case against 1990’s Caterers Ltd, was ordered on November 19, 2013, to turn over $30,613.00 in auction sale proceeds to the Chapter 7 Trustee, Kenneth P. Silverman. Despite numerous hearings and orders, including a daily sanction of $200 and a judgment for attorney’s fees and accrued sanctions, Bivona continuously failed to comply. In January 2015, Bivona offered contradictory testimony, claiming he did not possess the funds at the time of the initial order, which the Court deemed false. The Court found Bivona in knowing, clear, and convincing civil contempt and, finding no lesser sanction appropriate due to his pattern of non-compliance, ordered that if he does not turn over the funds by June 22, 2015, a warrant will be issued for his arrest, and he will be held in custody by the United States Marshals until he purges his contempt.

Civil ContemptBankruptcyTurnover OrderSanctionsIncarcerationDebtor-CreditorAsset SaleTrustee EnforcementJudicial AuthorityRule Violation
References
30
Case No. MISSING
Regular Panel Decision
Oct 19, 2007

Lago v. City of New York-Workers' Compensation Division

This case involves an appeal by the City of New York-Workers’ Compensation Division from two orders of the Supreme Court, Kings County. The first order, dated October 19, 2007, denied the City's motion to vacate a prior order approving the petitioner's settlement of a personal injury action. The second order, dated January 22, 2008, denied the City's motion for leave to reargue. The appellate court dismissed the appeal from the January 22, 2008 order, as no appeal lies from an order denying reargument. The order dated October 19, 2007 was affirmed, with the court finding that the City failed to demonstrate the merit of its position for relief under CPLR 5015 (a) (1).

Settlement ApprovalPersonal Injury ActionAppeal from OrderMotion to VacateReargument MotionCPLR 5015(a)(1)Judicial ReviewAffirmed DecisionDismissed AppealProcedural Issues
References
1
Case No. ADJ3904838
Regular
Jan 06, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE

This case concerns a clerical error in the Workers' Compensation Appeals Board's (WCAB) prior decision, specifically the date of service. The Board identified that the decision, served on December 6, 2015, should have reflected a service date of January 6, 2015. The WCAB has corrected this specific clerical error without requiring further proceedings, citing its authority to do so at any time. This correction amends the date of service to January 6, 2015, as reflected in the amended order.

Clerical error correctionDate of servicePetition for reconsiderationWorkers' Compensation Appeals BoardAmended date of serviceSupplemental proceedingsOpinion and Orders Denying PetitionGranting PetitionDecision After ReconsiderationConstitution State Service Company
References
1
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. ADJ3755642 (OAK 0305976) ADJ3452882 (OAK 0305978)
Regular
Jan 27, 2015

THOMAS OLENHOUSE vs. NESTLE ICE CREAM, SEDGWICK CMS, FRUIT-A-FREEZE, STATE COMPENSATION INSURANCE FUND

This is an interim order from the Workers' Compensation Appeals Board correcting a clerical error. The Board's prior Opinion and Order Granting Petition for Reconsideration, served on December 6, 2015, incorrectly stated the service date. The corrected service date is now January 6, 2015. The case remains pending reconsideration by the Commissioners.

Workers' Compensation Appeals BoardInterim OrderClerical ErrorPetition for ReconsiderationDate of ServiceSupplemental ProceedingsOffice of the CommissionersSan FranciscoAmendedLaw Offices of Mark A. Vickness
References
1
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