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

Case No. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
4
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. ADJ7761748
Regular
Nov 18, 2019

JOSE VARGAS vs. WEST COAST LIQUIDATORS, INC., dba BIG LOTS STORES, ARCH INSURANCE, Administered by SEDGWICK CMS

The Appeals Board granted reconsideration to address the recoverability of vocational expert costs and affirmed the applicant's 50% permanent disability rating. It held that the costs of vocational expert Robert Stoneburner's reports are recoverable, even if his opinions weren't found to be substantial evidence, as long as the expert was qualified and the costs were reasonable and necessary. The WCJ's credibility determination regarding the applicant was given significant weight, and the court found no basis to reject it. The case was remanded to determine the precise amount of recoverable expert costs.

Vocational expertPetition for ReconsiderationFindings and AwardPermanent disabilityReimbursementLabor Code section 5811Appeals BoardWCJSubstantial evidenceExpert witness
References
4
Case No. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
1
Case No. MISSING
Regular Panel Decision

Tokyo Electron Arizona, Inc. v. Discreet Industries Corp.

This order addresses the plaintiff Tokyo Electron Arizona's (TAZ) application for reasonable attorney's fees and costs against defendants Discreet Industries and Ovadia Meron (Discreet), pursuant to Federal Rule 37. The court determines the appropriate award by assessing the reasonableness of hourly rates and hours expended, applying the lodestar method. While acknowledging the high caliber of work, the court reduced Mr. Haug's hourly rate and applied a 10% overall reduction to the billed hours to account for potential overlap. Additionally, the court found TAZ's copying and transcript costs reasonable and partially awarded costs for a computer-generated Power Point presentation. Ultimately, TAZ was awarded $55,751.79 in fees and $5386.19 in costs, totaling $61,137.98.

Attorney's FeesCostsDiscovery SanctionsFederal Rule 37Lodestar MethodHourly RatesReasonable HoursEastern District of New YorkSouthern District of New YorkWork Product Doctrine
References
26
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
4
Case No. ADJ10146503
Regular
Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

This case concerns an award of attorney's fees and costs to applicant's attorney, Robert Rassp, pursuant to Labor Code section 5801. The Second District Court of Appeals had previously remanded the matter for this purpose. The Workers' Compensation Appeals Board reviewed Rassp's request for 13.25 hours of work and $865.59 in costs, totaling $6,165.59. The Board disallowed two hours of travel time due to lack of clarity on the reasonableness and nature of the activity. Ultimately, the Board awarded Rassp a total of $5,365.59 in attorney's fees and costs.

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return
References
0
Case No. ADJ6873231
Regular
Apr 15, 2011

RENITA REED vs. TRINITY HOSPICE, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order. The Board found that it was unclear how the administrative law judge awarded $1,450 in "costs" to the defendant. Crucially, the Board clarified that attorney's fees are not recoverable as "costs" under Labor Code section 5811. The case was returned to the trial level for further proceedings to clarify the basis for the cost award and address potential attorney's fees and sanctions.

WCABReconsiderationLien claimantLabor Code section 5710Attorney's feeCompromise and ReleaseIndustrial injuryLitgation costsSection 5813Sanctions
References
5
Case No. MISSING
Regular Panel Decision
Aug 22, 1991

Acevedo v. Consolidated Edison Co. of New York, Inc.

This case concerns an appeal arising from a steam pipe explosion in Manhattan in 1990, where Consolidated Edison (Con Ed) employees and their families sued Con Ed for asbestos exposure. Plaintiffs alleged battery, intentional infliction of emotional distress, public nuisance, and sought lifetime medical monitoring costs. The IAS Court dismissed the intentional tort claims but allowed claims for public nuisance and medical monitoring. On appeal, the higher court affirmed the dismissal of intentional torts, but reversed the IAS Court's decision on public nuisance and medical monitoring. The appellate court ruled that Workers' Compensation Law § 11 provides the exclusive remedy for these claims, even if specific damages like medical monitoring costs are not explicitly compensable under workers' compensation, clarifying that such costs may still be recoverable within the workers' compensation framework.

Asbestos ExposureWorkers' Compensation ExclusivityIntentional TortMedical MonitoringPublic NuisanceSummary JudgmentOccupational DiseaseEmployer LiabilityToxic TortPersonal Injury
References
9
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