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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
Dec 29, 2014

City of New York v. Fedex Ground Package System, Inc.

The City and State of New York sued FedEx Ground, alleging the knowing delivery of unstamped cigarettes from 2005 to 2012, which violated the Contraband Cigarette Trafficking Act (CCTA), the Prevent All Cigarette Trafficking Act (PACT Act), the Racketeer Influenced and Corrupt Organizations Act (RICO), and New York Public Health Law § 1399-ii, and constituted a public nuisance. FedEx Ground filed a motion to dismiss these claims. The court denied the motion to dismiss the CCTA, RICO, and RICO conspiracy claims, finding sufficient grounds for aggregation of sales, pattern of predicate acts, participation in the enterprise, injury to business or property, and proximate causation. However, the court granted the motion to dismiss the New York Public Health Law claim, ruling that the 2013 amendment, which would grant the City and State enforcement authority, did not apply retroactively. The court also granted the motion to dismiss the public nuisance claim, concluding that it primarily involved alleged tax evasion, which is already subject to comprehensive regulation, rather than unauthorized shipments to minors.

Contraband CigarettesCigarette TraffickingRICO ActPublic Health LawPublic NuisanceMotion to DismissTax EvasionStatutory InterpretationRetroactive ApplicationProximate Cause
References
42
Case No. ADJ10285745
Regular
Jun 17, 2019

MELINDA SANCHEZ vs. MERITAGE HEALTHCARE, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Sanchez's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which mandate specific details on grounds for reconsideration and evidence relied upon. Specifically, the petition did not clearly state the grounds for reconsideration or cite the record with specificity. Consequently, the WCAB found the petition subject to dismissal and would have denied it on the merits had it not been procedurally deficient.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902Appeals Board RulesRule 10842Rule 10846Rule 10852SpecificityRecord ReferencesLegal Principles
References
8
Case No. ADJ10680590, ADJ10680591
Regular
Oct 12, 2017

HYUNMI KIM vs. SHERRY PRECISION DENTAL ART, HARTFORD FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was "skeletal" and failed to meet the specific requirements of Labor Code section 5902 and Appeals Board Rules. The petition did not detail the grounds for reconsideration, cite specific evidence, or fairly state all material evidence relative to the disputed findings. Despite the WCAB acknowledging the WCJ's finding of injury AOE/COE made the order final, the petition's lack of specificity was sufficient grounds for dismissal. Therefore, the petition was dismissed for failing to comply with procedural requirements for seeking reconsideration.

ADJ10680590ADJ10680591WCABPetition for ReconsiderationSkeletal PetitionFinal OrderAOE/COELabor Code 5902Rule 10842Rule 10846
References
8
Case No. MISSING
Regular Panel Decision

Universal Acupuncture Pain Services, P.C. v. Lumbermens Mutual Casualty Co.

The New York court addresses a motion for reargument by Universal Acupuncture Pain Services, P.C. against Lumbermens Mutual Casualty Company concerning no-fault insurance claims. The central legal question is whether an expert witness's peer review report, created after a timely denial of a no-fault claim, can be admitted at trial, specifically under the Cirucci precedent regarding the specificity of denial grounds. The court grants the motion for reargument but upholds its initial ruling, which granted partial summary judgment on one of five claims. It clarifies that the expert's testimony must be strictly limited to the "concurrent or excessive care" ground initially stated by the insurer, excluding any new grounds like "medical necessity" not specified in the original denial. The court emphasizes that the issue of whether different treatment modalities constitute concurrent care for the same condition requires a trial for factual determination.

No-Fault InsurancePeer ReviewExpert Witness TestimonySummary Judgment MotionInsurance Law InterpretationSpecificity of DenialConcurrent Medical CareAcupuncture TreatmentChiropractic TreatmentPhysical Therapy
References
7
Case No. 02 MDL 1499, 02 Civ. 4712, 02 Civ. 6218, 03 Civ. 1024, 03 Civ. 4524
Regular Panel Decision

Ntsebeza v. Daimler AG

This Opinion & Order addresses the defendants' motion to certify for interlocutory appeal three key issues arising from a lawsuit filed by South Africans against multinational corporations for allegedly aiding and abetting torts during the apartheid era. The defendants sought certification on the application of case-specific deference, the mens rea standard for aiding and abetting under international law, and the vicarious liability standard for foreign subsidiaries. The court denied certification for case-specific deference, concluding it did not involve a controlling question of law, lacked substantial grounds for disagreement, and an appeal would not materially advance the litigation. While acknowledging substantial ground for disagreement on the mens rea issue, the court still denied certification, asserting an immediate appeal would not expedite the litigation's termination. Finally, certification for the vicarious liability standard was denied, as the court found no substantial ground for difference of opinion. Consequently, the defendants' motion for certification of an interlocutory appeal and a request for a stay of proceedings were entirely denied.

Interlocutory AppealAlien Tort Claims ActAiding and AbettingCustomary International LawSouth African ApartheidMultinational CorporationsCase-Specific DeferencePolitical Question DoctrineInternational ComityMens Rea
References
19
Case No. ADJ9212812
Regular
Jan 26, 2018

VERN MILLARD vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Vern Millard's Petition for Reconsideration because it was skeletal and lacked specific legal and factual grounds. Although the applicant's attorney attempted to withdraw the petition, the withdrawal request was unsigned. The WCAB cited Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which require detailed grounds and specific record references. Without proper support, the petition was subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionDismissalLabor CodeAppeals Board RulesWCJ ReportVerificationProof of ServiceWithdrawal Request
References
7
Case No. ADJ3033041 (SBR 0286165)
Regular
Dec 09, 2014

MARIO MORALES, SR. vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition to appeal an Independent Medical Review (IMR) determination. The petition was dismissed because it failed to comply with WCAB rules regarding caption information, service of process, verification, and specificity of grounds. Specifically, the applicant did not properly identify the defendant, failed to serve all parties or the IMR Unit, and did not verify the petition or provide detailed grounds for appeal. The WCAB emphasized that appeals must strictly adhere to procedural requirements, including filing at the correct venue and allowing for a WCJ decision before appealing to the Board.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewPetition to ReopenStipulated AwardElectronic Adjudication Management SystemAdministrative DirectorWCAB Rules of Practice and ProcedureCalifornia Code of RegulationsLabor Code
References
0
Case No. 06 Civ. 7784
Regular Panel Decision

National City Golf Finance v. Higher Ground Country Club Management Co.

Defendant and third-party plaintiff Higher Ground asserted claims against third-party defendant ProLink for breach of warranty and for indemnification and contribution. ProLink moved to dismiss the Third-Party Complaint or compel arbitration, citing an arbitration clause and a forum selection clause. Higher Ground argued the agreement was unsigned and unenforceable under the statute of frauds and that claims were outside the scope. The court, applying the Federal Arbitration Act, found an agreement to arbitrate existed due to Higher Ground's conduct, and the claims fell within the broad scope of the arbitration clause. ProLink’s motion was granted, and proceedings on the Third-Party Complaint were stayed pending arbitration in Maricopa County, Arizona.

ArbitrationFederal Arbitration Act (FAA)Contract LawBreach of WarrantyIndemnificationContributionForum Selection ClauseStatute of FraudsAgreement to ArbitrateThird-Party Complaint
References
46
Case No. ADJ9244329
Regular
Nov 23, 2016

MIGUEL AMADOR vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) dismissed Miguel Amador's Petition for Reconsideration. This dismissal was based on the petition's failure to comply with Labor Code section 5902 and relevant WCAB Rules. Specifically, the petition was inadequate because it did not set forth specific details of the grounds for reconsideration, failed to fairly state all material evidence, and lacked specific references to the record. The WCAB adopted the administrative law judge's report, which also would have led to denial on the merits had the procedural defects not resulted in dismissal.

WCABPetition for ReconsiderationDismissalLabor Code 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Skeletal PetitionUnjust or UnlawfulMaterial Evidence
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Binghamton City School District & Peacock

The dissenting opinion by Mugglin, J. addresses the majority's decision that an arbitrator exceeded their authority by imposing a lenient penalty in a teacher disciplinary matter involving inappropriate teacher-student relationships. The dissent argues that judicial review of arbitration awards is strictly limited by CPLR 7511 (c) to grounds such as violating strong public policy, being irrational, or exceeding specific limitations on the arbitrator's power. It contends that the public policy exception requires an absolute statutory or decisional law prohibition against the specific penalty, which is not present, especially since Education Law § 3020-a (4) specifically empowers arbitrators to impose such penalties. Therefore, the dissent asserts that the Supreme Court's characterization of the penalty as 'shockingly lenient' constitutes an improper interference with the arbitrator's discretion, and consequently, the Supreme Court's judgment should be reversed and the petition dismissed.

ArbitrationJudicial ReviewPublic Policy ExceptionTeacher Disciplinary MattersCPLR 7511Education Law 3020-aArbitrator's AuthorityPenalty LenienceDissenting OpinionAppellate Law
References
11
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