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

Case No. 2020 NY Slip Op 00923 [180 AD3d 446]
Regular Panel Decision
Feb 06, 2020

Denson v. Donald J. Trump for President, Inc.

Jessica Denson, a former employee of Donald J. Trump for President, Inc., filed a lawsuit alleging sex discrimination and hostile work environment, which led to the campaign initiating arbitration for alleged breaches of her non-disclosure and non-disparagement agreement (NDA). The arbitrator issued awards against Denson for disclosing confidential information in a federal action challenging the NDA and for statements on social media. The Supreme Court affirmed these awards, but the Appellate Division, First Department, reversed the judgment and vacated the arbitration awards. The appellate court ruled that penalizing Denson for statements made in a judicial proceeding violated strong public policy protecting freedom of expression in court. Furthermore, the arbitrator exceeded his authority by considering events that occurred after the initial demand for arbitration, making the entire award invalid.

Arbitration award vacaturNon-disclosure agreement (NDA)Non-disparagement agreementPublic policyArbitrator authorityJudicial privilegeAppellate reviewEmployment disputeSex discriminationHostile work environment
References
39
Case No. 13-13-00463-CV
Regular Panel Decision
Oct 10, 2013

the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, the Church of Jesus Christ of Latter-Day Saints, and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. John Doe

John Doe sued the Church of Jesus Christ of Latter-day Saints, alleging sexual assault by Eustacio Munioz and seeking damages based on vicarious and direct liability theories. The Church moved for summary judgment, asserting the claims were time-barred. The trial court denied the motion without stating its reasons. The Church petitioned the Court of Appeals for a permissive interlocutory appeal, arguing controlling questions of law regarding the statute of limitations and tolling doctrines like duress and continuing tort. The appellate court denied the petition, finding that the absence of a substantive ruling by the trial court prevented the identification of a clear controlling question of law, thus failing to meet the requirements for a permissive appeal.

Permissive appealInterlocutory orderSummary judgmentStatute of limitationsTollingDuressContinuing tort doctrineControlling question of lawAppellate procedureTexas law
References
12
Case No. MISSING
Regular Panel Decision

Seguros Comercial Americas S.A. De C v. v. American President Lines, Ltd.

This case involves Seguros Comercial America, S.A. de C.V., a Mexican insurance company, as the subrogee of RBK International (Mexico), suing American President Lines, Ltd. (APL) for negligence. The dispute arose from the hijacking of a container of Reebok Tennis shoes during overland transport in Mexico, after being shipped from Indonesia. The court examined the applicability of the Carmack Amendment and the Carriage of Goods by Sea Act (COGSA), concluding that neither applied by force of law to the entire shipment, and that the Mexico Liability Clause in the bill of lading contractually extended Mexican law to the overland portion in Mexico. Consequently, the court granted APL's motion to dismiss based on forum non conveniens, finding Mexico to be an available and adequate alternative forum with a stronger nexus to the localized controversy and Mexican law governing the dispute.

Forum Non ConveniensCarriage of Goods by Sea ActCarmack AmendmentChoice of LawBill of LadingInternational ShippingCargo TheftMaritime CommerceNegligence LitigationJurisdictional Dispute
References
55
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. MISSING
Regular Panel Decision

In Re the Complaint of American President Lines, Ltd.

This case involves two related limitation proceedings (the "APL Action" and the "Hanjin Action") arising from a vessel collision in Korean waters between the President Washington (owned by American President Lines, Ltd. - APL) and the Hanjin Hong Kong (chartered by Hanjin Shipping Company Ltd. and owned by Highlight Navigation Corporation). The U.S. District Court, Southern District of New York, presided by Judge SWEET, addressed motions concerning forum non conveniens, transfer of venue, and choice of law. The Court granted APL's motions for summary judgment, dismissing Hanjin's affirmative defenses regarding forum non conveniens and venue transfer in the APL Action, and striking (with leave to replead) Hanjin's defense concerning Korean law. Concurrently, the Court denied Hanjin's motion to dismiss the Hanjin Action on forum non conveniens grounds, concluding that the balance of private and public interest factors did not strongly favor dismissal to a foreign forum or transfer to the Western District of Washington.

Admiralty LawMaritime LawVessel CollisionLimitation of LiabilityForum Non ConveniensTransfer of VenueChoice of LawCargo ClaimsInternational ShippingKorean Law
References
32
Case No. ADJ3072125
Regular
Dec 08, 2017

STEPHANIE SEALS vs. OCCUPATIONAL HEALTH MANAGER, CHIRON CORPORATION, TRAVELERS

The applicant sought removal of Judge Lieberman, alleging she ignored prior orders regarding personnel records and showed bias. The WCJ acknowledged the applicant's concerns about potential impropriety due to frank settlement discussions where monetary sums were mentioned. The WCJ recommended reassignment to another judge and the Appeals Board granted the petition for removal. The case is returned to the presiding judge for assignment to a new WCJ.

Petition for RemovalJudge LiebermanJudge MillerPersonnel RecordsBias AllegationAppearance of ImproprietyWCJ RecommendationPanel QMECase AssignmentOakland WCAB
References
0
Case No. ADJ409820 ADJ1572678 ADJ3967299 ADJ349576
Regular
Dec 08, 2010

VELEDA BURTON vs. FEDERAL EXPRESS, permissibly self-insured; SEDGWICK CLAIMS SERVICES

In this workers' compensation case, the applicant, Veleda Burton, sought to disqualify the administrative law judge (WCJ) presiding over her five consolidated claims. The WCJ denied the petition, finding no stated grounds for disqualification and noting that the request was untimely as an automatic reassignment request. The Workers' Compensation Appeals Board (WCAB) adopted the WCJ's report, expressly incorporating its reasoning, and denied the petition for disqualification. The WCAB also concluded the request was untimely under California Code of Regulations, title 8, section 10453.

Petition for DisqualificationAdministrative Law JudgeReassignmentUntimely RequestCal. Code Regs. tit. 8 § 10453WCJ ReportDeniedFederal ExpressSedgwick Claims ServicesVeleda Burton
References
0
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ1901816 (SFO 0496999)
Regular
Dec 01, 2009

LUIS BERMUDEZ vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

The WCJ's failure to issue a decision on all issues raised at trial may be viewed as having been decided adversely under Labor Code section 5815. The Appeals Board granted removal on its own motion under Labor Code section 5310, rescinding the prior order and returning the case to the Presiding WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderTreating PhysicianPermanent Stationary ReportDiminished Future Earning CapacityOgilvie v. City and County of San FranciscoDiscoveryTemporary DisabilityPermanent Disability Rating Specialist
References
2
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