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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

Vincent v. Shalala

Lawrence Vincent, a 44-year-old claimant, appealed the denial of Social Security disability benefits stemming from a 1984 work-related back injury. His insured status expired on September 30, 1989, making his pre-expiration disability the central issue. The Magistrate Judge recommended remand for further factual development, but the District Court, presided over by Judge Cholakis, affirmed the Administrative Law Judge's (ALJ) decision. The court found substantial evidence to support the ALJ's conclusion that Mr. Vincent was capable of performing sedentary work prior to his insured status expiration, despite his back pain and subsequent auto accident. The decision emphasizes the court's limited scope of review, upholding the ALJ's findings when supported by substantial evidence.

Disability BenefitsSocial Security ActALJ Decision ReviewSedentary Work CapacityInsured Status ExpirationBack InjuryMedical Evidence AssessmentVocational GuidelinesJudicial Review ScopePain Management
References
8
Case No. 09 Civ. 3043(PAE)
Regular Panel Decision

Hart v. Rick's Cabaret International, Inc.

This Opinion & Order addresses several pre-trial issues in a class action lawsuit brought by exotic dancers against Rick’s Cabaret NY and related entities, alleging violations of the Fair Labor Standards Act and New York Labor Law concerning minimum wages and mandatory tip-out fees. District Judge Paul A. Engelmayer ruled that performance fees received by dancers cannot offset the Club’s liability for mandatory tip-out fees, which were deemed unlawful deductions under NYLL § 193(3)(a). The Court further affirmed that claims related to these tip-out fees are appropriate for class-wide resolution, consistent with the Mt. Clemens doctrine for calculating damages when employer records are insufficient. Finally, the defendants' motion for interlocutory appeal regarding class certification, the "reasonable customer" standard, and wage offset issues was denied, as the questions did not meet the criteria of 28 U.S.C. § 1292(b). Consequently, a single trial is scheduled for April 27, 2015, to resolve all outstanding jury issues.

Class ActionFair Labor Standards ActNew York Labor LawMinimum WageTip-out FeesExotic DancersInterlocutory AppealClass CertificationDamages CalculationEmployer Liability
References
36
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. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
0
Case No. ADJ629563
Regular
Jun 10, 2014

CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the trial judge's findings and returned the case for further proceedings due to a denial of due process. The trial judge decided issues not presented by the parties, preventing them from offering evidence or arguing their case. The Board found the trial judge's framing of the sole issue as "good cause to violate the MPN agreement" was insufficient and failed to resolve the lien claim's ultimate entitlement to recovery. The case will be returned to the trial level to properly frame all contested issues and allow parties to present evidence.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNLien ClaimantDue ProcessFindings and OrdersReconsiderationExpedited HearingCompromise and ReleaseLien Trial
References
9
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
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. MON 0315937 MON 0315938
Regular
Jun 09, 2008

ALLEN SUTTON vs. CITY OF INGLEWOOD, INTEGRATED CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of whether the applicant's neck injury was industrial was sufficiently raised at the mandatory settlement conference, despite the initial disallowance of a lien for neck surgery. The Board determined that the pre-trial conference statement and the parties' conduct indicated the issue was actively litigated, thus amending the prior order. The case is returned to the administrative law judge for a decision on the merits of the lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationStipulated awardIndustrial injuryMandatory settlement conferencePre-trial conference statementDisputed body partLabor Code section 5502(e)(3)AOE/COE
References
1
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. ADJ3341513 (VNO 0517589) ADJ4150961 (VNO 0517583)
Regular
Sep 08, 2009

Jeannie Lefevre vs. TRW, INC., CONTINENTAL CASUALTY CO., CNA CLAIMS PLUS-PORTLAND

The Workers' Compensation Appeals Board denied Jeannie Lefevre's petition for reconsideration, upholding a judge's decision that her admitted left great toe injury did not cause subsequent injuries to her ankles, heels, knees, hips, or back, nor a cumulative trauma injury. The Board found Dr. Kornblum's opinion, which cited Lefevre's extensive pre-existing foot issues, was more persuasive than Dr. Capen's. Defendant's petition for reconsideration was dismissed as the issues raised were subsequently corrected by an Amended Findings and Award, from which they failed to seek further reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCumulative TraumaApportionmentMedical EvidencePermanent DisabilityTemporary Disability IndemnityAmended Findings and AwardQualified Medical Evaluator
References
4
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