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

Case No. MISSING
Regular Panel Decision

All Terrain Properties, Inc. v. Hoy

This case concerns plaintiff All Terrain Properties' attempt to domesticate a New Jersey default judgment against defendant Robert J. Hoy in New York. Hoy had personally guaranteed corporate promissory notes, leading to the default judgment. Following a corporate bankruptcy reorganization, a provision (the "Hoy Clause") in the plan stayed enforcement of the judgment. The New York Supreme Court denied domestication and dismissed the complaint, citing invalid service. The Appellate Division reversed this decision, ruling that Hoy was judicially estopped from challenging the New Jersey court's personal jurisdiction due to his active involvement in, and benefits derived from, the bankruptcy proceedings that implicitly affirmed the judgment's validity. The court reinstated the complaint and remanded the matter for further proceedings.

Judicial EstoppelCollateral EstoppelIn Personam JurisdictionDefault JudgmentDomestication of Foreign JudgmentBankruptcy Reorganization PlanPersonal GuaranteeService of ProcessFull Faith and CreditAppellate Review
References
29
Case No. ADJ6481250 ADJ7453468
Regular
Jun 06, 2011

PUI HOY vs. HYATT REGENCY SAN FRANCISCO, LIBERTY MUTUAL 29073 GLENDALE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinded the prior decision, and returned the case for further medical record development. The WCAB found that the Administrative Law Judge's award of temporary disability benefits was not supported by substantial medical evidence due to ambiguities in the Agreed Medical Examiner's reports. Specifically, the reports lacked clear reasoning on causation, permanent and stationary dates, and the impact of the applicant's back and knee conditions on her ability to work. The matter is remanded for the WCJ to obtain a supplemental report from the examiner to clarify these critical issues.

Pui HoyHyatt Regency San FranciscoLiberty MutualPetition for ReconsiderationFindings of Fact and Awardtotally temporarily disabledtemporary disability indemnity benefitssubstantial medical evidenceAgreed Medical Examiner (AME)Peter Mandell
References
10
Case No. ADJ1646469 (VNO 0550706)
Regular
Apr 19, 2013

ANDREW HERNANDEZ vs. STATE OF CALIFORNIA - CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns the defendant's petition for reconsideration of an award for industrial injury to the applicant's low back and cervical spine. The defendant argued the applicant was not temporarily disabled as they offered a modified position consistent with AME Dr. Sew Hoy's restrictions, and that sub rosa videos should have been admitted. The Board denied reconsideration, finding Dr. Sew Hoy's report was qualified and did not preclude temporary disability, especially when contrasted with the applicant's treating physician's consistent findings. The Board also upheld the exclusion of the sub rosa videos due to late disclosure, as required by Labor Code section 5502(d)(3).

Workers' Compensation Appeals BoardAndrew HernandezState Compensation Insurance FundFindings and Awardindustrial injurylow backcervical spinetemporary disabilitypermanent disabilityfuture medical treatment
References
1
Case No. MISSING
Regular Panel Decision

CRABHOUSE OF DOUGLASTON INC. v. Newsday, Inc.

The court considered five motions to dismiss the plaintiffs' fourth amended complaint in a case alleging a widespread scheme by news publications Newsday, Hoy, and their distributor, DSA, to fraudulently inflate circulation numbers. Plaintiffs, a class of businesses that placed advertisements, claimed defendants' actions drove up advertising rates through violations of RICO, unjust enrichment, fraud, and New York General Business Law § 349. The court dismissed claims related to the 'ABC Enterprise' and 'Circulation Enterprise' due to a lack of common purpose or distinctness among enterprise members. While some RICO claims against individual defendants (Halfmann and Foley) were dismissed for insufficient factual allegations regarding their direct involvement, RICO claims against Brennan, Langer, and Potthoff survived. State law claims for unjust enrichment and common law fraud generally survived, but claims under New York General Business Law § 349 were dismissed as not consumer-oriented.

RICO ActMail FraudConspiracyMotion to DismissPleading StandardsAssociation-in-Fact EnterpriseCorporate LiabilityFraudulent AdvertisingCirculation FraudUnjust Enrichment
References
63
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