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

Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
11
Case No. MISSING
Regular Panel Decision
Sep 20, 2006

Robles v. City of New York

Plaintiff was allegedly injured after falling on a snowy and icy curb cut ramp in Manhattan. The defendants, the City of New York, were unable to locate Sanitation Department records that would indicate whether City workers were involved in snow removal in the specific area. Plaintiff argued these missing records were crucial to establish that City workers could have observed and remedied the dangerous condition. Defendants countered that they properly prioritize snow removal operations, making any observations by City employees irrelevant as they would not have been able to abandon assigned tasks. The court recognized the municipality's need to establish snow removal priorities. The Supreme Court's order imposing a sanction of a missing documents charge on defendants was unanimously reversed on appeal, and the sanction was vacated.

Municipal LiabilitySnow RemovalIcy ConditionsNegligence ClaimsDiscovery SanctionsMissing DocumentsPrioritization of Public ServicesAppellate ReviewNew York Supreme CourtCurb Cut Ramp
References
2
Case No. LBO 0323091
Regular
Apr 11, 2008

JOSE LUIS ZENDEJAS vs. DISTRIBUTION AUTO SERVICES, TOKIO MARINE MANAGEMENT

The WCAB granted reconsideration and rescinded the prior order to pay the lien claimant only $100. The Board found the original order lacked proper documentation and was not based on admitted evidence or a proper evidentiary hearing, violating WCAB rules and precedent. The case is returned for further proceedings to ensure the lien claim is properly litigated with due process.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOrder to Pay LienStipulated AwardPermanent DisabilityMedical TreatmentWCAB Rule 10566Hamilton v. Lockheed Corp.Summary of Evidence
References
5
Case No. ADJ-4279077 (SDO 0317244)
Regular
Jun 09, 2016

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) issued a Decision After Removal ordering the striking of three sets of documents from the EAMS record. These documents pertained to San Diego Superior Court Case Number 37-2016-00006537-CU-IC-CTL and were submitted without objection. The WCAB previously issued a Notice of Intention to Strike these documents, stating they would be removed unless good cause to the contrary was shown. No objections were received from the parties or the identified attorneys.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS recordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyLiquidationSan Diego Superior CourtObjectionGood Cause
References
1
Case No. ADJ2130164
Regular
Sep 09, 2014

RAQUEL PADILLA vs. TRIBUNE COMPANY dba COMMUNITY NEWS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by lien claimant South Lake Medical Center. The lien claimant had argued the WCJ erred in finding the defendant had a valid Medical Provider Network (MPN), that the applicant was properly notified of her MPN rights, and that certain documents were improperly excluded. The Board adopted the WCJ's report, which found the defendant presented unrebutted evidence of its MPN's approval and applicant's notification. The WCJ also properly excluded exhibits due to the lien claimant's failure to properly list them and provide adequate proof of service, thus denying the petition.

Petition for ReconsiderationWCJ ReportMPNself-procured treatmentexcluded exhibitsproof of servicelien claimantDefendant's objectionjudicial noticeunrebutted testimony
References
0
Case No. 01-13-00816-CV
Regular Panel Decision
Apr 16, 2015

Retaka Romeo Nelson v. Shannon Brochette Nelson

This document is a Third Amended Motion for Rehearing filed by Retaka Romeo Nelson. He argues that the trial court erred by sustaining a contest to his pauper's oath without proper notice and hearing, leading to a default judgment against him. He also claims that the final divorce decree was rendered without proper service of Shannon Brochette Nelson's counter-petition and citation, and that he did not voluntarily appear or participate in the trial. Nelson seeks a new jury trial and the vacation or reversal of both the pauper's oath order and the final divorce decree, contending that due process violations occurred due to lack of notice and proper service, as well as missing essential records.

Motion for RehearingDue Process ViolationService of ProcessPauper's OathDefault JudgmentDivorce DecreeMissing RecordsJury TrialFamily ViolenceChild Custody
References
27
Case No. MISSING
Regular Panel Decision

Engstrum & Nourse-Stolte v. E.C. Ernst, Inc. (In re E.C. Ernst, Inc.)

E.C. Ernst, Inc. (Ernst), a debtor-in-possession in a Chapter XI bankruptcy proceeding, entered into a subcontract with Engstrom & Nourse-Stolte (ENS) for electrical work. After Ernst filed for bankruptcy, a Supplemental Agreement allowed Ernst to continue the project. ENS later filed a Proof of Claim for expenses, which Ernst moved to expunge or allow only as a general unsecured claim. Both parties filed cross-motions for summary judgment regarding the priority of ENS's claim and the interpretation of their agreements. Additionally, Ernst sought to expunge ENS's claim for failure to produce documents. The court denied both motions for summary judgment, citing disputes over the intent behind the Supplemental Agreement and potential breach of contract, and directed ENS to comply with document production.

Bankruptcy ActChapter XI ReorganizationExecutory ContractsSummary JudgmentDebtor-in-PossessionSubcontract AgreementProof of ClaimPriority ClaimContract InterpretationDocument Production
References
13
Case No. ADJ8845443; ADJ8845444
Regular
May 26, 2015

SHUN LIAO vs. MACY'S WEST STORES, INC.

The Appeals Board granted Macy's Petition for Removal due to a lack of proper record and evidence. The prior Workers' Compensation Judge's orders regarding psychological treatment and temporary disability were rescinded. The case is returned to the trial level for proper documentation of issues, stipulations, and admitted evidence. The Board expressed no opinion on the merits of the disputed claims.

Petition for RemovalDecision After RemovalWCJpsychological complaintsorthopedic injurycausationpsychiatric injurysubstantial evidencecompensabilityApplication for Adjudication of Claim
References
2
Case No. OAK 335190
Regular
Feb 26, 2008

ROBERT HAMANN vs. CHEVRON OCIP (CB&I CONTRACTORSSUBCONTRACTOR)

The Appeals Board granted the defendant's Petition for Removal, overturning the WCJ's order to produce documents and a privilege log. The Board amended the order, stating the defendant is not required to produce documents previously served on the applicant, provided proof of service can be demonstrated. The Appeals Board also corrected the heading on the WCJ's report to reflect the proper judicial authority.

Petition for RemovalSubpoena Duces TecumPrivilege LogAttorney-Client PrivilegeMotion to QuashWorkers' Compensation Appeals BoardWCJDivision of Workers' CompensationRemovalReconsideration
References
0
Case No. ANA 0348152
Regular
Mar 10, 2008

DOTTIE BLAKE vs. KELLY TEMP SERVICES, CNA INSURANCE COMPANY

The Appeals Board granted reconsideration of the prior decision allowing Griffin Medical Group's lien. The Board found that the WCJ's decision was improperly based on documents not formally admitted into evidence and that defendant was not afforded proper opportunity to object or cross-examine. Consequently, the matter was returned to the trial level for further proceedings to ensure compliance with procedural rules and proper evidence admission.

WCABReconsiderationLienGriffin Medical GroupBillingMedical Fee ScheduleCascadingAuthorizationWCJHamilton v. Lockheed Corp.
References
1
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