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

Case No. ADJ4659072 (FRE 0250287)
Regular
May 23, 2018

JIM WILLIAMS vs. INTERSTATE DISTRIBUTING, INC., ZURICH AMERICAN INSURANCE CO., ZURICH NORTH AMERICA

This case involves a defendant's petition for reconsideration of an administrative law judge's (WCJ) order awarding penalties for delayed permanent disability benefits and out-of-pocket expense reimbursement, along with attorney's fees. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB affirmed the penalty for delayed permanent disability payments, finding that the off-calendar orders did not resolve penalties accrued after the initial award. However, the WCAB amended the order to defer the issue of out-of-pocket expense reimbursement penalties, returning the matter to the WCJ for further proceedings on that specific issue.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgePenaltyPermanent Disability BenefitsOut-of-pocket ExpensesLabor Code Section 5814Labor Code Section 5814.5Mandatory Settlement Conference
References
0
Case No. MISSING
Regular Panel Decision

Four Points Shipping & Trading, Inc. v. Poloron Israel, L.P.

The case concerns a dispute over a canceled shipment of prefabricated housing parts. Plaintiff Four Points Shipping and Trading, Inc. sued Poloron Israel, L.P., and TMT Homes, Inc., for lost profits and out-of-pocket expenses. The core issue revolved around a contract between Four Points and Poloron, contingent on a separate manufacturing agreement becoming "effective," which the court interpreted as actual production capability, not just signing. Due to the manufacturer's financial difficulties, the parts were never produced. The court granted defendants' motion for summary judgment on the lost profits claim, citing contractual exculpatory clauses and the speculative nature of the damages. However, it denied summary judgment for both parties on the out-of-pocket expenses, allowing Four Points to pursue this claim if it can demonstrate it was misled by Poloron. The court also suggested alternative dispute resolution for the remaining issue.

Contract disputeMaritime lawNew York lawSummary judgmentLost profitsOut-of-pocket expensesBreach of contractContingent contractExculpatory clauseContract interpretation
References
39
Case No. MISSING
Regular Panel Decision

In re Relativity Fashion, LLC

This Memorandum Opinion addresses a motion for attorneys' fees and expenses filed by Relativity Media, LLC (and its affiliates RML Distribution Domestic, LLC, Armored Car Productions, LLC, and DR Productions, LLC, collectively 'Relativity') and Mr. Ryan Kavanaugh against Netflix, Inc. The dispute arose from Netflix's refusal to execute 'Date Extension Amendments' related to a License Agreement, prompting Relativity to seek relief under Section 1142 of the Bankruptcy Code. The Court previously ruled that Netflix was barred by res judicata and judicial estoppel from asserting its claimed contractual rights to distribute films before theatrical release. In this opinion, the Court determined that Relativity was the 'prevailing party' under California Civil Code Section 1717 and the License Agreement's fee provision. Consequently, Relativity is entitled to reimbursement for its own reasonable attorneys' fees and litigation expenses. However, the Court denied Mr. Kavanaugh's request for reimbursement of his counsel's fees and expenses, concluding that he was not a party to the License Agreement and did not meet the exceptions for non-signatories to recover fees. The Court awarded Relativity $818,547.48, comprising $795,732.50 in attorneys’ fees and $22,814.98 in litigation expenses, against Netflix.

Attorneys FeesLitigation ExpensesContract LawCalifornia Civil Code Section 1717Bankruptcy Code Section 1142Prevailing PartyLodestar MethodHourly RatesJudicial EstoppelRes Judicata
References
85
Case No. MISSING
Regular Panel Decision

In Re Golden Distributors, Ltd.

The debtor, Golden Distributors, Ltd., in a Chapter 11 case, moved to classify employee benefit claims, while several unions cross-moved for full administrative expense treatment. The court addressed the priority of sick leave, personal holidays, vacation, and severance pay for both union and non-union former employees. It concluded that most of these claims, including all severance pay and union vacation pay, qualify as administrative expenses or similar high-priority claims. However, all such employee claims were deemed subordinate to the super-priority secured liens held by the post-petition lenders.

BankruptcyChapter 11Administrative ExpensesEmployee BenefitsSeverance PayVacation PayCollective Bargaining AgreementSuper-priority LiensDebtor in PossessionUnions
References
17
Case No. MISSING
Regular Panel Decision

Matter of Terranova v. Lehr Construction Co.

In 2009, Claimant sustained a right knee injury at work, leading to workers' compensation benefits and a 10% schedule loss of use award. Concurrently, Claimant settled a third-party action for $173,500. A dispute arose concerning the carrier's credit and the apportionment of litigation expenses from the third-party settlement, specifically whether Burns v Varriale or Matter of Kelly v State Ins. Fund applied to a schedule loss of use award. The Workers’ Compensation Board ruled that Matter of Kelly controlled, denying Claimant ongoing payments for litigation expenses. The appellate court affirmed, clarifying that for schedule loss of use awards, future benefits are ascertainable, making Matter of Kelly applicable.

Schedule Loss of UseThird-Party SettlementWorkers’ Compensation BenefitsLitigation ExpensesCarrier CreditApportionment of Counsel FeesFuture BenefitsIndependent Medical ExaminationOrthopedist ReportCourt of Appeals Precedent
References
5
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. 22108137
Regular Panel Decision
Aug 23, 2023

Matter of Harrell v. Blue Diamond Sheet Metal

The Self-Insured Employer appealed a decision by the Workers' Compensation Law Judge (WCLJ) which established a claim for a consequential left knee injury. The WCLJ's decision also directed reimbursement to the claimant for out-of-pocket medical expenses related to the left knee. The Board Panel, after reviewing the evidence, found no reason to disturb the WCLJ's findings regarding the consequential left knee injury. The Board Panel also affirmed the WCLJ's directive for reimbursement of medical expenses. Therefore, the WCLJ's decision was affirmed.

consequential injuryleft knee injuryout-of-pocket medical expensesWCLJ decisionBoard Panelself-insured employerreimbursementmedical treatment
References
0
Case No. MISSING
Regular Panel Decision

Wood v. Firestone Tire & Rubber Co.

Anthony N. Wood, severely injured while employed by the Town of Stillwater Highway Department, settled a third-party action against Firestone Tire and Rubber Company for $1.1 million. The workers' compensation carrier, Saratoga County Self-Insured Plan, had a lien of over $63,000 for compensation and medical payments. Wood moved to apportion legal fees and expenses against the carrier's lien, arguing that the carrier's equitable share should consider the present value of estimated future benefits it would no longer have to pay, citing *Matter of Kelly v State Ins. Fund*. The Saratoga County Self-Insured Plan opposed, disputing the calculation of future benefits and arguing for consideration of potential future death benefits. The court, guided by *Kelly*, found the respondent's arguments lacked merit and applied a formula that included the lien amount plus the discounted value of future payments saved by the carrier. The court determined an equitable apportionment of $114,112.67, concluding that the offset exceeded the carrier's lien due to the substantial benefits the carrier received from the extinguishment of future obligations.

ApportionmentLegal FeesThird-Party ActionLien OffsetFuture Benefits CalculationEquitable ApportionmentSettlement ProceedsEconomist Expert WitnessPermanent DisabilityCarrier Liability
References
10
Case No. 824-01
Regular Panel Decision

Hi Pockets, Inc. v. Music Conservatory of Westchester, Inc.

Hi Pockets, Inc. (HPI) sued The Music Conservatory of Westchester, Laura Calzolari, and several White Plains municipal entities and officials, alleging illegal issuance of a building permit for the Conservatory's new site. HPI brought fifteen causes of action, including Section 1983 claims for civil and constitutional rights violations, and numerous state law claims related to zoning ordinances, lease agreements, and parking rights. The Conservatory defendants moved for summary judgment, and the White Plains defendants moved for judgment on the pleadings. The court granted both motions, dismissing the case in its entirety, finding that HPI's state law claims were barred by res judicata and collateral estoppel, and its federal Section 1983 claims failed to state a claim upon which relief could be granted due to absolute immunity for municipal officials and the availability of adequate state post-deprivation remedies.

Summary JudgmentJudgment on the PleadingsCollateral EstoppelRes JudicataAbsolute ImmunityZoning OrdinanceBuilding PermitParking RightsCovenant of Quiet EnjoymentSection 1983
References
31
Case No. ADJ7112948
Regular
Mar 30, 2017

LYLE BYNUM vs. VALLEJO TRANSIT, ACE AMERICAN INSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award. The Board issued a Notice of Intention to Impose Sanctions against the defendant's attorney and insurance company for alleged bad faith actions. These actions included filing a petition for reconsideration with inaccurate and unsupported references to evidence, misrepresenting medical opinions, and asserting meritless contentions. The WCAB is considering sanctions of up to $2,000 and reasonable expenses due to these alleged violations of labor code and board rules.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Findings and AwardWCJBus DriverBack InjuryLeft Lower Extremity Injury
References
0
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