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Case Law Database

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

Case No. ADJ9116799
Regular
Nov 01, 2016

JOHN FLOYD vs. CYPRESS INSURANCE COMPANY (BHHC) for FLOYD, SKEREN & KELLY, LLP et al.

The Workers' Compensation Appeals Board denied the Petition for Removal in this case. Removal is an extraordinary remedy, and the Board only grants it when substantial prejudice or irreparable harm would result from denial, and reconsideration would be inadequate. In this instance, the Board found no persuasive evidence of such prejudice or harm, adopting the WCJ's reasoning for denial. Therefore, the petition was dismissed.

Workers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law Judgeextraordinary remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.CYPRESS INSURANCE COMPANY
References
2
Case No. ADJ1 0108689
Regular
Apr 04, 2016

SERAFIN SALIGAN vs. CM LAUNDRY, LLC, ARCH INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by CM Laundry, LLC and its insurer. The petitioner, represented by Floyd and Skeren, voluntarily withdrew the petition. Consequently, the Board has issued an order dismissing the Petition for Removal as requested.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardSerafin SaliganCM Laundry LLCArch Insurance CompanyYork Risk Services GroupADJ1 0108689Los Angeles District Office
References
0
Case No. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
0
Case No. ADJ7703832
Regular
Nov 16, 2012

WAI SAM LEONG vs. CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a workers' compensation claim where the applicant alleged a psyche injury. The defendant's attorney, John Langevin of Floyd, Skeren & Kelly, LLP, engaged in bad-faith tactics by improperly contacting a Qualified Medical Evaluator (QME) and filing a frivolous Petition for Removal. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and intends to impose sanctions, including significant attorney's fees and penalties to the General Fund, against Langevin and his firm for these actions. The WCAB found the defendant's position regarding a clerical error in the QME request to be without merit and solely intended to cause delay.

WCABReconsiderationSanctionsLabor Code 5813WCAB Rule 10561Petition for RemovalPanel QMEClerical ErrorBad Faith TacticsFrivolous
References
0
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