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

Case No. MISSING
Regular Panel Decision

Board of Trustees v. Parker (In Re Parker)

The Boards of Trustees of three Carpenters Benefit Funds filed an adversary complaint against David Parker, seeking to deny his bankruptcy discharge or declare certain debts nondischargeable under 11 U.S.C. §§ 727, 523(a)(4), and/or (a)(6). The debts stemmed from Parker Deco, Inc.'s (where Parker was President) failure to make contributions and remit union dues to the Benefit Funds per a Collective Bargaining Agreement (CBA). A prior District Court judgment had been obtained against Parker Deco. During the trial, the Benefit Funds withdrew their § 523(a)(6) and § 727 claims, proceeding solely on § 523(a)(4). The court found that unpaid employer contributions did not constitute 'plan assets' under ERISA without explicit CBA language, thus Parker was not a fiduciary for those. For employee withholdings, the court found no larceny or embezzlement due to lack of fraudulent intent. Consequently, the court dismissed the complaint, finding the Benefit Funds failed to meet their burden of proof, and denied both parties' requests for attorney's fees.

Bankruptcy DischargeabilityERISA Fiduciary DutyDefalcationEmbezzlementUnpaid Employer ContributionsUnion Dues WithholdingsCollective Bargaining AgreementAdversary ProceedingBankruptcy Code Section 523(a)(4)Plan Assets
References
31
Case No. MISSING
Regular Panel Decision
Nov 02, 1994

Kern v. Frye Copysystems, Inc.

The case concerns William and Dorothy Kern's personal injury claims against Frye Copysystems, Inc. and Wheelabrator-Frye Co., stemming from an accident involving a rotary coating machine. The Kerns alleged negligence, breach of warranty, and strict products liability due to a defective design. The defendants sought summary judgment, arguing immunity under Worker's Compensation Law, that the warranty claim was time-barred, and that strict liability was inapplicable. The court granted summary judgment on the breach of warranty and strict products liability claims, but denied it for the negligence claim against Copysystems, citing unresolved factual disputes regarding machine modifications and successor liability under the "Billy" exception to Worker's Compensation exclusivity.

Personal InjuryProducts LiabilityNegligenceBreach of WarrantySummary JudgmentSuccessor LiabilityWorker's Compensation LawDefective DesignMachine AccidentStatute of Limitations
References
32
Case No. ADJ6796881
Regular
Sep 12, 2011

Ted Parker vs. COUNTY OF KERN

This case concerns the apportionment of permanent disability for Ted Parker, a deputy sheriff injured in 2008. The County of Kern sought reconsideration of a $50\%$ permanent disability award, arguing the judge failed to properly apportion to a prior $20\%$ award for a 2006 injury. The Board granted reconsideration, agreeing that the initial calculation was incorrect. The WCJ's amended decision correctly apportions the prior disability, resulting in a revised award of $43\%$ permanent disability.

Workers Compensation Appeals BoardCounty of KernTed ParkerDeputy Sherifflumbar spinepermanent disabilityapportionmentFindings of Fact and AwardWCJPetition for Reconsideration
References
0
Case No. Dkt. 12
Regular Panel Decision
May 29, 2015

United States v. Parker

The District Court adopted a Magistrate Judge's Report and Recommendation, denying defendant Ronnie Parker's motions to suppress statements and dismiss his indictment for threatening the President. Parker, hospitalized for schizophrenia and experiencing hallucinations, was interviewed by a Secret Service agent. The court ruled his statements were not made in custody, were voluntary despite his mental state, and were not protected by psychotherapist-patient privilege. It also found no outrageous government misconduct.

Motion to SuppressMotion to Dismiss IndictmentThreats Against PresidentMental HealthMiranda RightsCustodial InterrogationVoluntariness of StatementsPsychotherapist-Patient PrivilegeOutrageous Government MisconductSchizophrenia
References
66
Case No. MISSING
Regular Panel Decision

Sheet Metal Workers' National Pension Fund v. Kern (In re Kern)

This case addresses motions for summary judgment filed by several employee benefit funds (Plaintiffs) and Richard Kern (Defendant), focusing on whether unpaid contributions of $1.3 million were non-dischargeable in Kern's Chapter 7 bankruptcy under 11 U.S.C. § 523(a)(4). Plaintiffs alleged Kern, as a functional ERISA fiduciary of his now-defunct company CSI, committed defalcation by failing to ensure contributions were made. The Court acknowledged Kern's fiduciary status but found no evidence of intentional wrongdoing, bad faith, or gross recklessness required for defalcation under the Bullock standard, noting Kern's efforts to keep CSI operational. Consequently, the Court denied the Plaintiffs' motion and granted the Defendant's cross-motion, ruling the debt dischargeable.

BankruptcyERISADefalcationFiduciary DutySummary JudgmentEmployee BenefitsUnpaid ContributionsDischargeabilityChapter 7 BankruptcyCorporate Officer Liability
References
35
Case No. 13-71700
Regular Panel Decision

Board of Trustees v. Kern (In re Kern)

The Plaintiffs, the Board of Trustees of benefit funds under ERISA, sought to declare debts owed by Defendant Richard Kern, principal owner of Cool Sheetmetal, Inc. (CSI), non-dischargeable in bankruptcy. The core issue was whether monies deducted from employee paychecks but not remitted to the benefit funds constituted non-dischargeable debts under § 523(a)(4) and (6) of the Bankruptcy Code. The Court ruled that monies deducted for a vacation fund are non-dischargeable because they were subject to a statutory trust, Kern acted as a fiduciary, and committed defalcation. However, deductions for union assessments and political action league (PAL) funds were deemed dischargeable, as no statutory trust was established for these. Furthermore, the Plaintiffs' claim under § 523(a)(6) for willful and malicious injury was dismissed. The Court granted summary judgment in part for Plaintiffs regarding the Vacation Fund deductions, with the exact amount to be determined at trial, and granted summary judgment in part for Defendant on the other claims.

BankruptcyNon-dischargeabilityERISAFiduciary DutyDefalcationSummary JudgmentEmployee ContributionsVacation FundUnion AssessmentsPolitical Action League (PAL)
References
10
Case No. ADJ 7906635, ADJ 7906741
Regular
May 02, 2016

LINDA ARMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration. The County sought to overturn an award regarding the reasonable cost of two medical-legal reports from Dr. Ali Mostafavi. The Board adopted the findings of the administrative law judge, who found the attested hours and resulting fee schedule calculations for the reports to be reasonable. The County failed to demonstrate that the time spent by Dr. Mostafavi on the reports was unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationCounty of KernLinda ArmsADJ 7906635ADJ 7906741Workers' Compensation Administrative Law JudgeFindings Orders and AwardQualified Medical ExaminerQME
References
2
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
1
Case No. MISSING
Regular Panel Decision

Alvia v. Teman Electrical Contracting, Inc.

Justice S. Miller issues a dissenting and concurring opinion regarding the dismissal of plaintiffs' Labor Law § 241 (6) claims. The dissent argues for granting summary judgment on liability against Parker East and Parker, asserting that Industrial Code regulation 12 NYCRR 23-1.7 (b) (1) mandates protection for 'every hazardous opening,' and that plaintiff Humberto Alvia's injuries resulted from a violation of this unambiguous command. The opinion distinguishes the present case from prior rulings like D’Egidio and Piccuillo by noting the larger size and nature of the opening in question. While advocating for absolute liability against the owner and general contractor under Labor Law § 241 (6), the dissent concurs that the motion should be denied against the electrical subcontractor, Teman, due to unresolved factual questions regarding its control and authority over the work.

Labor LawHazardous OpeningSummary JudgmentLiabilityIndustrial CodeUnguarded OpeningAppellate DecisionSubcontractor LiabilityProximate CauseConstruction Site Safety
References
8
Case No. MISSING
Regular Panel Decision

Parker v. Hearn

Plaintiff Angela Parker filed a Section 1983 action against Jon Parker and Detective David Hearn, alleging wrongful arrest, false imprisonment, and malicious prosecution. The defendants moved for summary judgment. The Court determined that Detective Hearn had probable cause to arrest Angela Parker for assault and petit larceny, thereby warranting the dismissal of claims against him. Furthermore, the § 1983 claim against Jon Parker was dismissed because he was not acting under color of state law. Consequently, the Court lacked subject matter jurisdiction over the remaining state law claims, leading to their dismissal as well.

False ArrestFalse ImprisonmentMalicious ProsecutionSummary JudgmentProbable CauseCivil Rights ViolationSection 1983Federal JurisdictionState Law ClaimsAssault
References
22
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