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

Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. MISSING
Regular Panel Decision
Mar 12, 1996

Schaefer v. RCP Associates

This case involves an appeal of an order in a Labor Law § 240 action where an injured plaintiff worker fell from a ladder. The Supreme Court, New York County, affirmed an earlier order denying third-party defendant Superior Acoustics, Inc.'s motion to set aside a jury verdict finding it 5% negligent. The order also imputed the plaintiff's negligence to Superior Acoustics, Inc., the employer, and granted the plaintiff's cross-motion to set aside the jury's verdict as to damages. The court found sufficient proof of the employer's failure to supervise and reiterated that the plaintiff's own negligence does not defeat their right to compensation under the Labor Law. Furthermore, the decision upheld setting aside the jury's inconsistent damages verdict, which awarded substantial future lost earnings but no future pain and suffering.

Labor Law § 240Jury VerdictNegligence ImputationDamagesFuture Lost EarningsPain and SufferingLoss of ServicesThird-Party DefendantEmployer LiabilityLadder Fall
References
4
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
0
Case No. MISSING
Regular Panel Decision

Bugge v. Sweet

Plaintiff appealed an order from the Supreme Court in Otsego County which set aside a jury verdict in his favor for $10,000 and directed a verdict for the defendant. The case stemmed from a 1975 motor vehicle accident, with the central legal question being whether the plaintiff sustained a "serious injury" as defined by Insurance Law § 671(4) at the time. The appellate court reviewed the medical evidence presented, specifically the testimony of the plaintiff's doctor. The court found the doctor's testimony regarding the permanency and causal link of the injury to the accident to be burdened with doubt, speculation, and inconsistency. Consequently, the appellate court determined that the plaintiff failed, as a matter of law, to establish the "serious injury" threshold required for recovery. Therefore, the order and judgment in favor of the defendant were affirmed.

Motor Vehicle AccidentPersonal InjurySerious Injury ThresholdInsurance LawSpinal FusionLumbo-sacral StrainCausationPermanencyMedical Expert TestimonyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Feb 01, 2000

La Fountaine v. Franzese

This personal injury action concerns a plaintiff (a minor) who suffered lead poisoning between April 1992 and September 1993 while living in an apartment owned and managed by the defendants. Routine medical examinations revealed elevated blood lead levels, prompting the Albany County Department of Health to order lead abatement procedures, which the defendants performed inadequately. Experts testified that the lead poisoning caused permanent disorders, including ADHD, cognitive, and reading disorders, which were not capable of practical apportionment between pre-notice and post-notice exposure periods. The jury awarded the plaintiff $500,000 for past pain and suffering, $1,000,000 for future pain and suffering, and $300,000 for future lost earnings, assigning 70% liability to the defendants. Defendants appealed the judgment and the denial of their motion to set aside the verdict, arguing lack of liability before notice, erroneous jury instructions, and excessive damages. The appellate court affirmed the lower court's judgment and order, finding the defendants' arguments without merit and upholding the jury's findings on non-apportionment of injuries and the reasonableness of the damage awards.

Lead poisoningLandlord liabilityPersonal injury damagesNon-apportionment of injuriesADHDCognitive disordersEnvironmental lead hazardInadequate abatementExpert medical testimonyJury verdict review
References
12
Case No. MISSING
Regular Panel Decision
Feb 23, 1968

Weeks v. Beardsley

Raymond H. Weeks, an employee of joint venture contractors, died on October 30, 1964, after being struck by an automobile operated by Beverly J. Beardsley. The plaintiff appealed a Supreme Court judgment in favor of the defendants, which resulted from a jury verdict of no cause of action, and an order denying the plaintiff’s motion to set aside that verdict. The appellate court affirmed the judgment, concluding that the jury's findings regarding the decedent's contributory negligence and the defendant operator's freedom from negligence were supported by a fair interpretation of the evidence, and therefore, the verdict was not palpably wrong.

Wrongful DeathAutomobile AccidentContributory NegligenceJury VerdictAppellate ReviewEvidence SufficiencyNegligenceMotion to Set Aside VerdictTrial TermAffirmed Judgment
References
9
Case No. MISSING
Regular Panel Decision

Pedone v. B & B Equipment Co.

In a personal injury action, the plaintiff sued B & B Equipment Co., Inc., alleging a defective backhoe caused injury. A jury found B & B negligent but not the proximate cause. The Supreme Court, Nassau County, set aside this verdict and granted a new trial on causation. On appeal, the order was reversed. The appellate court reinstated the jury's verdict, finding it supported by a fair interpretation of the evidence, particularly given conflicting testimony about how the accident occurred and the jury's role in assessing witness credibility. Consequently, the plaintiff's motion was denied, and the complaint was dismissed.

Personal InjuryNegligenceProximate CauseJury VerdictAppellate ReviewWeight of EvidenceCredibility AssessmentBackhoe AccidentCausationCPLR 4404
References
9
Case No. MISSING
Regular Panel Decision
Jun 03, 1996

Gropper v. St. Luke's Hospital Center

In this personal injury action, the plaintiff, a steamfitter, alleged injuries from a slip and fall at a construction site. The defense claimed the accident was feigned, particularly highlighting inconsistencies in workers' compensation accident reports regarding the date of injury. The trial court initially set aside a jury verdict favoring the defendants and ordered a new trial on liability and damages. However, the Supreme Court, New York County, reversed this decision, finding that references to workers' compensation during summation were permissible as the plaintiff had 'opened the door' to the issue. Consequently, the jury's original verdict in favor of the defendants was reinstated, and the complaint was dismissed.

Personal InjuryWorkers' CompensationJury VerdictAppellate ReviewEvidentiary RulingSummation ArgumentInconsistent StatementsAccident ReportLiabilityDamages
References
2
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