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

Case No. ADJ13342468
Regular
May 23, 2025

AMELIA MINA vs. NMA INSPECTIONS, DEPARTMENT OF INDUSTRIAL RELATIONS

Applicant Amelia Mina sought reconsideration of an October 3, 2022 Findings and Order, which denied her a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b). She argued the rule was inconsistent with its authorizing statute, violated equal protection, and constituted invalid special legislation. The Workers' Compensation Appeals Board (WCAB) affirmed the prior decision, finding the applicant's second injury occurred before receipt of the first RTWSP payment, making her ineligible under Rule 17302(b). The Board also determined that the jurisdiction to invalidate Rule 17302(b) lies with the Superior Court under the Administrative Procedures Act, not the Appeals Board.

Workers' Compensation Appeals BoardReturn-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48Findings and OrderPetition for ReconsiderationCompromise and Release
References
9
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. ADJ16283940
Regular
Feb 18, 2025

DEXTER HAYNES vs. TRANSFORCE, INC.; RETURN-TO-WORK SUPPLEMENT PROGRAM

Dexter Haynes sought reconsideration of a November 27, 2024 Findings and Order, which denied his entitlement to a second Return-to-Work Supplement (RTWS) payment under Rule 17302(b). Haynes argued that the rule is inconsistent with Labor Code section 139.48 and unconstitutional due to improper delegation of authority. The Director of the Department of Industrial Relations contended the rule is valid and the Appeals Board lacks jurisdiction to invalidate it. The Appeals Board granted the petition for reconsideration to further review the validity and consistency of Rule 17302(b) with section 139.48, deferring a final decision.

Return-to-Work SupplementRTWSRule 17302(b)Labor Code section 139.48statutory authorityunconstitutional delegationDirector of Department of Industrial Relationsen banc decisionPetition for ReconsiderationFindings and Order
References
14
Case No. ADJ11110973
Regular
May 23, 2025

Jorge Aragon vs. El Super, Safety National Casualty Corporation, Tristar Risk Management

The applicant, Jorge Aragon, sought reconsideration of a decision denying him a second payment from the Return-to-Work Supplement Program (RTWSP). The Workers' Compensation Administrative Law Judge (WCJ) initially found him ineligible based on Rule 17302(b), which prohibits a second RTWSP payment if the subsequent injury occurs before receiving the previous supplement. The Appeals Board affirmed the WCJ's decision, concluding that the applicant's remedy to challenge the validity of Rule 17302(b) lies with the Superior Court, not the Appeals Board, as the rule is governed by the Administrative Procedures Act. The Board also clarified its jurisdiction to review the WCJ's denial despite RTWSP's contention.

Return-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48invalid regulationarbitrary and capriciousArticle XIV section 4Administrative Procedures Act
References
3
Case No. ADJ10813026
Regular
May 27, 2025

Noureddine Manser vs. Return-to-Work Supplement Program

Applicant Noureddine Manser sought reconsideration of a November 9, 2023 finding that he was not entitled to a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b), which prohibits a second benefit unless for a subsequent injury. Applicant contended the word "injury" should include a continuing injury. The Appeals Board affirmed the November 9, 2023 Findings of Fact, declining to interpret "injury" as a continuing injury and noting that the validity of Rule 17302(b) is subject to judicial review in the Superior Court, not the Appeals Board. The Board also asserted its jurisdiction to review the WCJ's denial despite arguments to the contrary.

Return-to-Work Supplement ProgramRTWSPRule 17302(b)vocational rehabilitationsubsequent injurySJDBVQMEtemporary total disabilityWCABLabor Code section 139.48
References
8
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. MISSING
Regular Panel Decision

Ahmed v. City of New York

The New York City Taxi and Limousine Commission (TLC) promulgated "Health Care Rules" to deduct six cents per fare from taxi drivers for health care services and disability coverage. Petitioners, including taxi drivers, challenged these rules, arguing they were ultra vires and violated the separation of powers. The Supreme Court annulled the rules but initially denied restitution. On appeal, the court affirmed the annulment, finding the TLC exceeded its authority and acted arbitrarily in establishing the deductions. The appellate court modified the lower court's decision, granting the petitioners' request for restitution of the improperly deducted funds.

New York City Taxi and Limousine CommissionHealth Care RulesUltra ViresSeparation of PowersArbitrary and CapriciousRestitutionTaxi DriversDisability CoverageRegulatory AuthorityAdministrative Law
References
10
Case No. 03-92677
Regular Panel Decision

Enron Corp. v. J.P. Morgan Securities Inc.

Enron filed a motion for reargument under Bankruptcy Rule 9023, seeking reconsideration of a May 2, 2006 opinion that denied its motion to amend its complaint to add Lehman Brothers Japan, Inc. as a defendant. Enron argued that the court overlooked Lehman's misrepresentation regarding named defendants, which constituted concealment under Rule 15(c)(3). The court found that Enron had sufficient information to name Lehman Japan and that its reliance on Lehman's statement was not reasonable. The court also denied considering new arguments raised by Enron as they were not timely. Ultimately, the court denied Enron's request for relief under Rule 9023, concluding that no material facts were overlooked, new arguments were untimely, and no manifest injustice occurred.

Bankruptcy Rule 9023Federal Rules of Civil Procedure 15(c)(3)Relation-Back DoctrineAmendment of ComplaintMistake in IdentityConcealmentMisrepresentationReasonable RelianceEquitable TollingFraudulent Concealment
References
19
Case No. MISSING
Regular Panel Decision

Desser v. Ashton

This opinion addresses the sufficiency of an oral contract to satisfy the "purchaser-seller" requirement in a private action under Section 10(b) of the 1934 Exchange Act and Rule 10b-5, where no actual purchase or sale of securities occurred. The court considers whether such an oral agreement, even if potentially unenforceable under the statute of frauds, can support a federal securities claim. Reviewing existing jurisprudence, the court emphasizes a liberal and flexible construction of anti-fraud provisions to protect investors. It concludes that an action under Rule 10b-5 is not deficient merely because the contract relied upon is oral rather than written. Consequently, the defendants' motions for summary judgment are denied, and the case is set to proceed to trial, affirming the court's jurisdiction over the matter.

Securities fraudOral contractsRule 10b-5Purchaser-seller requirementStatute of fraudsPendent jurisdictionSummary judgmentFederal court jurisdictionExchange Act of 1934Investor protection
References
18
Case No. MISSING
Regular Panel Decision

Butler v. Monaghan

City police officers sought a temporary injunction and declaratory judgment to invalidate a police commissioner's rule prohibiting police force members from joining labor unions. The court addressed whether plaintiffs would suffer irreparable harm and the likelihood of their success on the merits. It found no irreparable harm, as officers could withdraw union applications or appeal disciplinary actions, leading to full restoration of rights if successful. Furthermore, the court noted that previous rulings in other states consistently upheld the commissioner's authority in such matters. The court also highlighted that the New York State Constitution's provision on employee organization was specifically amended to exclude public employees. Consequently, the motion for a temporary injunction was denied.

Police officersLabor unionsTemporary injunctionDeclaratory judgmentPolice commissionerDisciplinary actionIrreparable harmPublic employeesConstitutional lawFreedom of association
References
20
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