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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

Petrillo v. Cooke

Claimant, a funeral director, sustained a work-related back and knee injury in 1994, leading to workers' compensation benefits. After being laid off due to downsizing and deemed permanently partially disabled, she retrained as a paralegal. In 2005, the employer and carrier sought to suspend benefits, alleging she voluntarily withdrew from the labor market. A Workers' Compensation Law Judge and the Board affirmed this, suspending payments. The Appellate Division affirmed the Board's decision, finding substantial evidence for voluntary withdrawal based on claimant's limited job search, her statement to a physician that she "elected to not work in the paralegal field," and her failure to prove a link between her disability and her inability to find paralegal employment.

Workers' CompensationLabor MarketVoluntary WithdrawalPermanent Partial DisabilityParalegal TrainingJob SearchDisability BenefitsAppellate ReviewSubstantial EvidenceMedical Opinion
References
6
Case No. 570558/19
Regular Panel Decision
Dec 02, 2019

Prasad v. Spodek

This case involves an appeal by Todd Spodek, Esq. from a Civil Court judgment affirming an arbitration award in favor of Sunita Prasad. Spodek sought to vacate the award, arguing it was untimely and that the arbitrator improperly excluded his paralegal's hearsay testimony. The Appellate Term found Spodek's application was not untimely but denied it on the merits. The Court held that the arbitrator's refusal to consider the paralegal's hearsay testimony, which was based on conversations with Spodek and lacked competence to prove fee reasonableness, did not constitute misconduct. Spodek had alternative means to present evidence, such as testifying himself or submitting written declarations.

Arbitration AwardVacate Arbitration AwardHearsay EvidenceParalegal TestimonyArbitrator MisconductCPLR 7511Fee DisputeAppellate TermBurden of ProofReasonableness of Fee
References
12
Case No. MISSING
Regular Panel Decision

In re the Claim of Ford

The claimant appealed decisions from the Unemployment Insurance Appeal Board denying Trade Adjustment Assistance (TAA) benefits. The initial February 8, 1999 decision was superseded by a May 21, 2001 decision, which the court reviewed. The court found that the Board's denial of further training was reasonable because the claimant had already received suitable paralegal training under Labor Law § 599. The claimant left her paralegal employment to continue law school, rather than finding permanent work in the field for which she was already trained. Consequently, the court affirmed the May 21, 2001 decision and dismissed the appeal from the April 5, 1999 decision as moot.

Trade Adjustment AssistanceTAA BenefitsUnemployment InsuranceEligibilityVocational TrainingParalegal TrainingAdministrative LawAppellate ReviewStatutory InterpretationFederal Trade Act
References
5
Case No. MISSING
Regular Panel Decision

Parise v. Riccelli Haulers, Inc.

Plaintiff, identified as the chairman and fiduciary of Local 317 Truckdrivers and Helpers Welfare Plan, sought default judgment and an award of delinquent contributions and attorney's fees from an employer. The defendant employer had failed to make required contributions to the multi-employer pension plan in 1982 and 1983, leading to the plaintiff filing a complaint and subsequently an amended complaint, which the defendant also failed to answer. The court granted the default judgment, emphasizing ERISA's remedial nature and Congress's intent to protect employee benefits plans. A significant portion of the decision addressed the compensation rate for paralegals, with the court awarding $40 per hour for 1983 work and $45 per hour for 1985-1986 work, citing their extensive experience and the cost-saving benefits. Ultimately, the plaintiff was awarded over $6,000 in delinquent contributions for 1982 and 1983, 24% annual interest, $10,666.21 in attorney's fees, and $3,717.00 in paralegal fees.

ERISADefault JudgmentDelinquent ContributionsMulti-employer Pension PlanAttorney's FeesParalegal FeesStatutory ConstructionRemedial LegislationHourly Rate CalculationFiduciary Duty
References
9
Case No. MON 0230199
Regular
Dec 07, 2007

Paula Letherblaire vs. Leigh & Associates, Inc., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Paula Letherblaire's petition for reconsideration, affirming the administrative law judge's report. The Board found that the applicant's constitutional arguments against the application of utilization review and ACOEM guidelines to her existing medical award were outside the WCAB's jurisdiction. Furthermore, the Board determined that the carrier's delayed utilization review was not sanctionable, and the applicant was not entitled to compensation for her personal paralegal time.

WCABPetition for ReconsiderationFindings and AwardUtilization ReviewCumulative Trauma InjuryFuture Medical Care AwardLabor Code § 4610ACOEM GuidelinesSanctionsPenalty
References
6
Case No. MON 0331606
Regular
Aug 08, 2007

DEAN HARVEY vs. PES PAYROLL

This case involves a request for additional attorney's fees and costs under Labor Code § 5801 following a successful appeal by the applicant. The Appeals Board awarded applicant's attorney $3,500 in fees and $96.98 in costs, finding the requested hours for drafting the response excessive and disallowing paralegal fees. The Board determined the case was of average complexity and set the hourly rate at $250 for a certified specialist.

Labor Code § 5801Attorney's FeesPetition for Writ of ReviewCourt of AppealAppeals BoardSupplemental AwardReasonable FeesHourly RateCertified SpecialistAppellate Complexity
References
3
Case No. ADJ8949252
Regular
Feb 14, 2018

SERGIO CERON (Deceased), GINA PIELLUSCH (Individually and as Guardian Ad Litem), SABRINA CERON PIELLUSCH, CLAUDIA CERON, DAVID CERON, ROXANNA CURTIS, vs. HAMBURG, KARIC, EDWARD & MARTIN; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that the deceased paralegal's death was not industrially caused. The Board affirmed the judge's conclusion that the decedent was not performing a service for his employer or acting within the course of employment at the time of death. The applicant failed to prove the personal comfort exception applied, as the decedent was not paid for his lunch break. Deference was given to the judge's credibility assessment of a key witness.

Workers' Compensation Appeals Boardindustrial injurydeathgoing and coming rulepersonal comfort exceptioncourse of employmentlabor codecompensable injuryhourly paywitness credibility
References
13
Case No. ADJ1966312 (AHM 0071600)
Regular
Jul 02, 2009

CHERYL BOND-DICKEY vs. LAW OFFICE OF SATIN & RUSSELL, SCIF INSURED SANTA ANA

This case involves a defendant's petition for reconsideration of a finding of 100% permanent disability for a paralegal/file clerk who sustained an industrial injury. The defendant argued the vocational expert's evaluation was insufficient. However, the Appeals Board denied reconsideration, finding the defendant failed to request further vocational evaluation at trial or provide rebuttal evidence. The Board also noted the defendant's petition lacked the specific detail and record references required by regulation.

Workers Compensation Appeals BoardFindings Award and Orderspermanent disabilityvocational expertopen labor marketpetition for reconsiderationagreed vocational evaluatorsubstantial medical evidenceReport and Recommendationindustrial injury
References
2
Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
3
Case No. MISSING
Regular Panel Decision

Pollis v. New School for Social Research

This Memorandum Opinion and Order resolves outstanding issues regarding attorney's fees and costs following a jury verdict in an age discrimination and equal pay case. Plaintiff Adamantia Pollis sued The New School for Social Research and achieved partial success. The court determined reasonable hourly rates for Pollis's lead attorney, Janice Goodman, and a paralegal. It applied reductions to the hours claimed due to partial success and the dismissal of certain claims, including the ADEA claim. Ultimately, the court awarded Pollis $142,289 in attorney's fees and $22,235.42 in costs and expenses. The New School's counter-claim for attorney's fees related to the successfully defended ADEA claim was denied, as the court found Pollis's ADEA claims were not frivolous.

Age DiscriminationEqual Pay ActAttorney's FeesCosts and ExpensesEmployment DiscriminationPrevailing PartyLodestar MethodLitigation HistoryHourly RatesSouthern District of New York
References
8
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