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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
Feb 04, 1983

Claim of Palumbo v. Transport Masters International, Inc.

The Workers' Compensation Board initially denied a claim due to late filing and lack of advance compensation payment. A subsequently located disability benefits file was reviewed by the Board in the interest of justice. However, the Board found no evidence within this file to indicate a claim for compensation was filed as required by section 28 of the Workers' Compensation Law. The court affirmed the Board's decision, emphasizing that only questions of fact were presented. The court concluded that the Board's factual findings were conclusive as they were supported by substantial evidence in the record.

Workers' Compensation BoardClaim Filing DeadlineDisability Benefits FileSubstantial EvidenceQuestions of FactAppellate ReviewTime LimitationAdvance PaymentSection 28Administrative Review
References
1
Case No. ADJ10110995 (MF)
Regular
Jun 20, 2019

Preston Lee Brown Scott vs. City of Los Angeles

Applicant Preston Lee Brown Scott, previously declared a vexatious litigant, filed multiple documents seeking relief without obtaining the required pre-filing approval. The Workers' Compensation Appeals Board reviewed these filings and found no significant change in circumstances justifying reconsideration of prior rulings. Consequently, the Board issued an order stating that the submitted documents are not accepted for filing. This order reaffirms the pre-filing requirements for vexatious litigants absent representation by a licensed attorney.

Vexatious LitigantPre-Filing OrderAppeals Board Rule 10782In Pro PerApplication for AdjudicationDeclaration of ReadinessPleadingsPetitionLicensed AttorneyChange in Circumstances
References
6
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. MISSING
Regular Panel Decision

Mandel v. United States Office of Personnel Management

Michael Mandel sued the United States Office of Personnel Management (OPM) and two individual defendants, McCann and Crandell, alleging violations of the Privacy Act. The lawsuit stemmed from OPM's disclosure of Mandel's employment records to his former supervisors during an appeal to the Merit Systems Protection Board (MSPB), where Mandel challenged OPM's negative suitability determination for federal employment due to alleged falsification of records. Mandel moved for summary judgment, arguing OPM's disclosure was unlawful and caused him emotional distress and pecuniary loss, while defendants cross-moved, asserting a 'routine use' exception and lack of causation. The court denied Mandel's motion and granted the defendants' cross-motion, ruling that the disclosure fell within the Privacy Act's 'routine use' exception. Furthermore, the court found Mandel failed to establish a causal connection between the disclosure and his claimed adverse effects, concluding that his own falsification of documents was the cause. Finally, the claims against the individual defendants were dismissed as the Privacy Act does not permit suits against individuals.

Privacy ActSummary JudgmentRoutine Use ExceptionFederal EmploymentSuitability DeterminationMSPB AppealFalsification of DocumentsInformation DisclosureAdverse EffectCausal Connection
References
17
Case No. ADJ10110995
Regular
Oct 14, 2020

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, THE HARTFORD

The applicant, Preston Lee Brown Scott, was declared a vexatious litigant in 2018 and is subject to a pre-filing order. This order requires him to obtain prior approval from a judge before filing any documents with the Workers' Compensation Appeals Board (WCAB). He has filed multiple petitions for reconsideration without this approval. The WCAB has reviewed these filings and found no significant change in circumstances to warrant acceptance. Therefore, the documents submitted by Mr. Scott are not accepted for filing.

Vexatious litigantPre-filing orderWorkers' Compensation Appeals BoardRule 10430Rule 10782In pro perPetition for ReconsiderationAdjudication of claimDeclaration of readinessPleading
References
16
Case No. ADJ4599548 (MON 0212034), ADJ1776170 (MON 0224335)
Regular
Sep 17, 2012

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT, AIG, BROADSPIRE, a CRAWFORD COMPANY

Kristian Von Ritzhoff has been declared a vexatious litigant by the Workers' Compensation Appeals Board (WCAB) under California Code of Regulations, title 8, section 10782. This designation requires him to obtain prior approval from the Presiding Judge or the Appeals Board before filing any pleadings, unless represented by a licensed attorney. The WCAB reviewed a Petition for Reconsideration filed by Von Ritzhoff, dated September 10, 2012, and determined it was *not accepted* for filing. This ruling signifies the Board's adherence to the pre-filing order in managing the applicant's litigation activities.

Vexatious litigantPre-filing orderWCABWorkers' Compensation Appeals BoardPetition for ReconsiderationRemovalExtraordinary remedyDeputy CommissionerOgden EntertainmentBroadspire
References
3
Case No. MISSING
Regular Panel Decision

Claim of Jex v. Albion Correctional Facility

A vocational cosmetology instructor, the claimant, sustained a workplace injury in 1994, exacerbating preexisting respiratory issues, and received workers' compensation benefits until October 1995. In 1999, before taking disability retirement, she filed a new claim for an occupational disease caused by workplace air quality dating back to 1989. The Workers’ Compensation Board deemed her occupational disease claim time-barred under Workers’ Compensation Law § 28, a decision upheld after her application for reconsideration was denied. The court affirmed the Board's finding, stating that occupational disease claims must be filed within two years of disablement and awareness of its work-related cause. Evidence from October and December 1995 indicated the claimant's knowledge of the link between her respiratory problems and employment, thus rendering her 1999 claim untimely.

Occupational diseaseUntimely claimTime-barredRespiratory problemsVocational cosmetology instructorWorkers’ Compensation BoardAppealEvidence of knowledgeDisablement dateWorkplace injury
References
2
Case No. MISSING
Regular Panel Decision

Piesco v. New York, Department of Personnel

Dr. Judith Piesco sued the City of New York's Department of Personnel, Commissioner Juan Ortiz, and Assistant Commissioner Nicholas La Porte, Jr., alleging retaliation after she testified before a New York State Senate commission regarding deficiencies in a Police Department entrance examination. Her claims included prima facie tort, intentional infliction of mental distress, and a First Amendment violation under 42 U.S.C. section 1983. Piesco moved to amend her complaint to add Mayor Edward I. Koch as a defendant and a cause of action for wrongful discharge, which was granted. She also sought to strike the defendants' affirmative defense of failure to file a notice of claim under New York General Municipal Law section 50-i, but this motion was denied, with the court finding state law applicable to the pendent state claims.

RetaliationFirst AmendmentFree SpeechWrongful DischargeMunicipal LawNotice of ClaimFederal Rules of Civil ProcedureErie DoctrinePendent JurisdictionMotion to Amend
References
13
Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
0
Case No. MISSING
Regular Panel Decision

Place v. Beekmantown Central School District

This case involves an appeal by respondents (Cumberland Head Elementary School, Clinton County Department of Social Services, Beekmantown Central School District, and Board of Education) against a Supreme Court decision granting a petitioner (guardian ad litem for Child Doe) leave to file a late notice of claim. The child, who had been sexually abused by his stepfather, had reported the abuse to school personnel in 2004 and 2006, but appropriate authorities were not notified until mid-2007. The stepfather was subsequently convicted in March 2008. The Court affirmed the Supreme Court's decision, finding that the respondents had timely knowledge of the essential facts, the delay was excusable due to the child's age and distress, and there was no significant prejudice to the respondents. The Court also found that the petitioner had established a meritorious cause of action against the school and that the claim against DSS was not patently meritless given the limited record.

Child AbuseSexual AbuseGuardian ad LitemLate Notice of ClaimGeneral Municipal LawEducation LawSocial Services LawSchool LiabilityDSS LiabilityStatute of Limitations
References
5
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