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Case Law Database

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

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. 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. ADJ1122093 (SAC 0279029) ADJ988134 (SAC 0267349)
Regular
Nov 20, 2018

BOBBIE SANDERS vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

Applicant Bobbie Sanders, previously declared a vexatious litigant under Rule 10782, filed a Petition for Removal without court approval. Rule 10782 requires pre-filing authorization for pro se litigants, with exceptions for licensed attorneys. The Appeals Board denied the Petition for Removal because there was no significant change in circumstances or new evidence to warrant re-litigation of previously determined issues. Therefore, the document was not accepted for filing.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removalin pro perworkers' compensationEmployment Development DepartmentState Compensation Insurance FundADJ1122093ADJ988134
References
0
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. ADJ3674012 (ANA 0386342)
Regular
Feb 17, 2015

Richard Hoover vs. Trading Places International, Clarendon Insurance Company, Subsequent Injuries Benefits Trust Fund

Here is a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration to further develop the record regarding the applicant's eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The core issue is whether the applicant had a "labor disabling" pre-existing condition before his October 2, 2002 industrial injury, a requirement for SIBTF benefits. The Board found the previous administrative law judge erred by finding no pre-existing disability without sufficient exploration of the applicant's residual pain symptoms from prior back surgeries. Jurisdiction is reserved to determine if these symptoms constituted a ratable, labor-disabling permanent disability entitling the applicant to SIBTF benefits.

Subsequent Injuries Benefits Trust FundSIBTFpre-existing disabilitylabor disablingapportionmentSB 899retroactive prophylactic work restrictioncongenial work settingresidual pain symptomsmedical evaluator
References
11
Case No. ADJ3388364 (VNO 0526713) ADJ2633182 (VNO 0342427)
Regular
Oct 24, 2014

RICHARD FROMKNECHT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The applicant sought reconsideration of a decision denying him benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant claimed a pre-existing disability from a 1996 spinal injury caused further permanent disability with a subsequent 1998 spinal injury. However, both injuries became permanent and stationary concurrently, meaning there was no distinct pre-existing ratable disability at the time of the second injury. Therefore, the applicant did not meet the criteria for SIBTF benefits under Labor Code section 4751, and his petition for reconsideration was denied.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Petition for ReconsiderationFindings and OrderStipulations with Requests for AwardsAgreed Medical Evaluatorapportionmentpermanent and stationarypreexisting disabilityindustrial injury
References
0
Case No. MISSING
Regular Panel Decision

LTV Steel Co. v. Connors (In Re Chateaugay Corp.)

This case is an appeal of two orders issued by the United States Bankruptcy Court for the Southern District of New York. The first order granted partial summary judgment to the Mining Companies and LTV Steel Corporation, holding they were not legally obligated to pay retiree health benefits. The second order granted the United Mine Workers of America's cross-motion for summary judgment, determining that the United Mine Workers of America 1974 Benefit Plan and Trust was liable to pay these benefits. The Plan & Trust appealed both orders to the District Court, arguing violations of the Retiree Benefits Bankruptcy Protection Act, lack of subject matter jurisdiction, denial of due process, and misinterpretation of its obligations under the Wage Agreement's 'no longer in business' clause. The District Court affirmed the Bankruptcy Court's orders, finding the Act inapplicable, subject matter jurisdiction proper as a core proceeding, sufficient opportunity to litigate, and the Plan & Trust liable due to contractual interpretation and collateral estoppel from prior litigations.

Bankruptcy LawChapter 11 ReorganizationRetiree Health BenefitsCollective Bargaining AgreementUMWAEmployee BenefitsSummary JudgmentSubject Matter JurisdictionCore ProceedingCollateral Estoppel
References
13
Case No. ADJ8243867, ADJ8015702, ADJ7226529
Regular
Nov 13, 2015

William McGaugh vs. Monterey Peninsula Unified School District, Subsequent Injuries Benefits Trust Fund, Keenan & Associates

This case concerns an applicant seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIF). The applicant's prior permanent disability award, with 15% apportionment to pre-existing conditions, was found not to be res judicata for SIF liability. The Board affirmed the denial of SIF benefits because the applicant failed to prove his pre-existing conditions were labor disabling or resulted in ratable permanent disability prior to the industrial injury. Medical opinions and applicant testimony did not establish a substantial link between prior injuries and actual work disability before the new injury.

Subsequent Injuries Benefits Trust FundSIF liabilitylabor disablingpermanent disabilityapportionmentres judicataWCJFindings and OrderPetition for Reconsiderationmedical opinion
References
3
Case No. ADJ1438639 (GRO0024593) ADJ3262777 (GRO0025366)
Regular
Jul 06, 2011

DENNIS TIMMONS vs. CALIFORNIA MENS COLONY, STATE COMP. INS. FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior award of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits to the applicant, Dennis Timmons. The applicant sought SIBTF benefits based on a claimed pre-existing disability from a 1991 injury, arguing it imposed a prophylactic restriction from very heavy work that contributed to his 2000 industrial injury. However, the Board found no substantial medical evidence of a ratable pre-existing disability at the time of the 2000 injury, as prior medical reports indicated no residual disability and the applicant returned to work without restrictions. The Board concluded that a retroactive prophylactic restriction, without evidence of actual prior work limitations, is insufficient to establish SIBTF eligibility.

Subsequent Injuries Benefits Trust FundSIBTFpre-existing disabilityindustrial injurypermanent disabilityapportionmentAgreed Medical ExaminerAMEprophylactic restrictionWCJ
References
2
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