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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

Midori Hosokawa v. Screen Actors Guild-American, Federation of Television & Radio

Plaintiff Midori Hosokawa, proceeding pro se, filed a lawsuit against Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and its New York Local. She alleged breaches of SAG-AFTRA's duty of fair representation and its constitution, stemming from the Union's refusal to pursue her "upgrade" claims for compensation as a principal performer in a Verizon Droid commercial. SAG-AFTRA repeatedly informed Hosokawa that her claims were closed and warned her about persistent contact. Hosokawa's prior unfair labor practice charges with the NLRB were dismissed. The District Court granted SAG-AFTRA's motion to dismiss, ruling that the duty of fair representation claims were time-barred by the six-month statute of limitations, and the breach of constitution claims were either time-barred or lacked evidence of an actual breach.

Duty of Fair RepresentationLabor LawMotion to DismissStatute of LimitationsEquitable TollingUnion ConstitutionBreach of ContractPro Se PlaintiffSAG-AFTRAFederal Court
References
29
Case No. ADJ13768010
Regular
May 06, 2025

ROBERT NICHOLS vs. COMCAST, ACE AMERICAN INSURANCE COMPANY

Robert Nichols, the applicant, sustained injuries while employed by Comcast. A petition for reconsideration was filed regarding whether the medical treatment received by the applicant qualified as pre-admission or emergency services, and the defendant's alleged failure to conduct a second bill review. The Workers' Compensation Appeals Board denied the petition for reconsideration, concurring with the WCJ's report that the lien claimant did not provide sufficient evidence to demonstrate that the treatment fell under pre-admission or emergency status. The Board also noted that the issue concerning the defendant's non-response to the second bill review was not a contested matter at the trial.

PETITION FOR RECONSIDERATIONLABOR CODE SECTION 5909ELECTRONIC ADJUDICATION MANAGEMENT SYSTEM (EAMS)TRANSMISSION DATEREPORT AND RECOMMENDATIONLIEN CLAIMANTPRETREATMENT SERVICESEMERGENCY SERVICESMEDICARE PROSPECTIVE PAYMENT SYSTEMSECOND BILL REVIEW
References
7
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. MISSING
Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages
References
13
Case No. MISSING
Regular Panel Decision

Gayal Realty Corp. v. International Brotherhood of Electrical Workers, Local 25

The case involves plaintiffs Dans, a general contractor, and G-ayal, a property owner, who sought an injunction against defendant Local #25 I. B. E. W. to halt picketing at a construction site. The picketing, which commenced on August 5, 1963, alleged that electricians were not working under the union's standard wages and conditions, resulting in a significant work stoppage. The defendant moved for dismissal, citing deficiencies in the complaint, non-compliance with the Civil Practice Act, and federal pre-emption under the National Labor Relations Act (NLRA). The court determined that the dispute was "arguably subject" to the NLRB's jurisdiction, thereby pre-empting state judicial action, notwithstanding the plaintiffs' arguments that their businesses did not impact interstate commerce. Ultimately, the plaintiffs were granted permission to withdraw their motion and discontinue the action without prejudice, and the previously issued stay on picketing was vacated.

InjunctionLabor DisputeFederal PreemptionNLRB JurisdictionPicketingCivil Practice ActUnion ActivityInterstate CommerceWithdrawal of MotionMootness
References
6
Case No. ADJ6621190 (MF)
Regular
Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness
References
0
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. ADJ2005173 (AHM 0132388)
Regular
Jan 25, 2010

RUFUS TANKSLEY vs. CITY OF SANTA ANA

The Workers' Compensation Appeals Board granted reconsideration to both applicant and defendant. The Board rescinded the prior decision, finding that the medical reports of Drs. Jay and Stewart were admissible under pre-SB 899 procedures applicable to the claimed date of injury. The case was returned to the trial level for admission of these reports, further medical development if necessary, and a new decision addressing all issues, including the statute of limitations defense.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersPanel Qualified Medical ExaminersQMEMedical Report AdmissibilityLabor Code §4060(d)Statute of LimitationsLabor Code §5405Cumulative Period
References
5
Case No. MISSING
Regular Panel Decision

People v. Alaire

This case concerns an appeal of a criminal conviction where the defendant, a 16-year-old with schizophrenia, challenged the admissibility of statements made during police interrogation. The appellate court found that initial incriminating statements made prior to Miranda warnings should be suppressed because the defendant was in custodial interrogation, and his youth and mental state contributed to a coercive environment. However, a subsequent spontaneous statement made to his social worker, overheard by police after Miranda warnings, was deemed admissible as it was not coerced by police action. The judgment was partially reversed, with pre-Miranda statements suppressed and a new trial ordered, while the denial of suppression for the spontaneous statement was affirmed.

Miranda WarningsCustodial InterrogationSuppression of StatementsJuvenile RightsMentally Impaired DefendantVoluntary StatementsSocial Worker PrivilegeCriminal Procedure LawNew TrialDue Process
References
38
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
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