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

Case No. ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164] ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087]
Regular
Sep 18, 2008

Parvin Olfati, (Patty Olfati) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND (Adjusting Agengy)

Petition for disqualification denied. Applicant's subjective perceptions of bias not well-founded.

Workers' Compensation Appeals BoardPetition for DisqualificationLabor Code section 5311WCAB rule 10452Administrative Law JudgeBiasHostilityDiscriminatory TreatmentDiscoveryPublic Records Act
References
9
Case No. MISSING
Regular Panel Decision

Kwitek v. United States Postal Service

Edward Kwitek, a driver for Midwest Transport, Inc., sued the United States Postal Service (USPS) under the Federal Tort Claims Act (FTCA) for injuries sustained while loading mail at a post office, alleging negligence by USPS employees. The government moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that Kwitek was an independent contractor and his injury resulted from a discretionary function, thereby making the FTCA's waiver of sovereign immunity inapplicable. The court denied the government's motion. It ruled that the independent contractor exception did not apply because the alleged negligence was on the part of USPS employees failing to perform their regular duties. Furthermore, the discretionary function exception was also inapplicable, as the alleged conduct was not policy-driven but rather a failure to follow established protocol. The case was then referred for a settlement conference.

Federal Tort Claims ActSovereign ImmunitySubject Matter JurisdictionIndependent Contractor ExceptionDiscretionary Function ExceptionNegligenceUnited States Postal ServicePersonal InjuryLoading Dock InjuryMotion to Dismiss
References
27
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Hightower v. United States

Willie Hightower, a federal employee, sued the United States and three individual federal officers for alleged injuries from a 1999 arrest at a VA hospital campus. Hightower sought money damages under state tort laws via the Federal Tort Claims Act (FTCA) and constitutional claims under Bivens, despite having already received benefits under the Federal Employee's Compensation Act (FECA) for the same incident, which he certified as work-related. The court dismissed the complaint for lack of subject matter jurisdiction. It ruled that FECA provides the exclusive remedy for federal employees' work-related injuries, thereby precluding FTCA claims against the United States. Furthermore, Bivens claims against the United States are barred by sovereign immunity, and against individual federal employees, they are precluded by the comprehensive remedial schemes of FECA and the Civil Service Reform Act (CSRA).

Federal Employee Compensation ActFederal Tort Claims ActBivens ActionSovereign ImmunitySubject Matter JurisdictionExcessive ForceFalse ArrestMalicious ProsecutionSlanderLibel
References
31
Case No. MISSING
Regular Panel Decision

In re Hostess Brands, Inc.

This modified bench ruling addresses a motion by the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (Bakers' Union) to dismiss a debtor's Section 1113/1114 motion due to a lack of subject matter jurisdiction. The central dispute revolves around whether Section 1113 of the Bankruptcy Code, which governs the rejection of collective bargaining agreements, applies to agreements that have technically expired but whose key terms remain in effect under the National Labor Relations Act (NLRA) until good faith bargaining to impasse. The Bakers' Union argued that expired agreements are not considered 'agreements' under Section 1113, a position the court largely concurred with, emphasizing the plain language of the statute and the distinction between Section 1113(e) and other subsections. Despite the debtor's arguments concerning the policy implications and potential interference with reorganization efforts, the court found insufficient evidence to extend the statute's language beyond its literal meaning. Consequently, the court granted the Bakers' Union's motion, concluding that Section 1113 does not apply to already expired collective bargaining agreements.

Collective Bargaining AgreementBankruptcy Code Section 1113Subject Matter JurisdictionNational Labor Relations Act (NLRA)Expired AgreementsDebtor in PossessionUnion Motion to DismissInterim ChangesGood Faith BargainingStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. ADJ10091554
Regular
Jun 24, 2019

GIUSEPPE MORICI vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration. The Board affirmed the administrative law judge's finding that the applicant sustained a compensable psychiatric injury. The judge determined the injury was predominantly caused by actual employment events, not lawful personnel actions or the applicant's subjective perceptions. The Board deferred to the judge's credibility determinations based on observed demeanor.

Workers' Compensation Appeals BoardGiuseppe MoriciCounty of San Diegopsyche injurycompensablegood faith personnel actionssubjective misperceptionReport and RecommendationWCJ credibility determinationpreponderance of evidence
References
1
Case No. ADJ10333468
Regular
Nov 05, 2018

RHONDA DUNBAR HOWARD vs. VALLEY BULK TRANSPORT, NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's petition to disqualify the judge. The petition was dismissed because it was untimely, filed after the first witness was sworn, and lacked a required supporting affidavit detailing specific grounds for disqualification. Furthermore, the Board found that the defendant's allegations of prejudice were based on subjective perception and did not meet the legal standard for disqualification, even on the merits. Therefore, the judge's petition to disqualify was denied.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJ disqualificationLabor Code 132aAppeals Board Rule 10452untimely petitionprejudicejudicial biasCode of Civil Procedure section 641affidavit
References
11
Case No. ADJ234009 (OAK 0324352) ADJ3704382 (OAK 0335469)
Regular
Jan 12, 2010

Carole Young vs. IPC SECURITY, LIBERTY MUTUAL INSURANCE COMPANY, ABM adjusted by ESIS

The applicant sought removal and disqualification of the Workers' Compensation Judge (WCJ) alleging bias due to denied trial requests, refusal to consider evidence, and case delays. The Appeals Board denied the removal and disqualification, stating a subjective perception of bias is insufficient grounds. The Board returned the case to the Presiding WCJ to address the defendant's request to declare the applicant a vexatious litigant, requiring notice and an opportunity to be heard.

Workers' Compensation Appeals Boardremovaldisqualificationworkers' compensation judge (WCJ)biasvexatious litigantPWCJWCAB Rule 10782applicantdefendant
References
1
Case No. ADJ969080 (FRE 0202793)
Regular
Sep 15, 2016

PEDRO LOPEZ vs. CAL-ALMOND; TRAVELERS

The applicant sought to disqualify the administrative law judge (WCJ) alleging insufficient time was spent on his case and a lack of seriousness towards his injury. The Workers' Compensation Appeals Board (WCAB) found the petition lacked the required formal affidavit but considered its merits. The WCAB denied the petition, holding that a party's subjective perception of bias or disagreement with rulings does not constitute legal grounds for disqualification under relevant statutes. The Board also noted the applicant's separate request for disability accommodations for an upcoming hearing.

Disqualification PetitionWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionLegal GroundsSubjective PerceptionWCAB Rule 10452Affirmative DutyJudicial Discretion
References
6
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