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

Case No. ADJ9343159, ADJ1368987 (MON0362038)
Regular
Sep 15, 2017

JAMES ISAAC vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition as procedurally improper. United Airlines filed a "Petition to Set Aside Order Approving Compromise and Release" instead of the correct "Petition for Reconsideration." The WCAB will return the matter to the Workers' Compensation Judge (WCJ) to address United Airlines' original petition. This ruling does not substantively rule on the merits of setting aside the compromise and release.

Petition to Set AsideOrder Approving Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDismissedGallagher Bassett ServicesUnited AirlinesADJ9343159ADJ1368987
References
0
Case No. AHM 0077308 AHM 0075910
Regular
Jul 30, 2007

CLIFFORD GAMBLE vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, ET AL.

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition for reconsideration as untimely filed. United Airlines sought to clarify VRMA liability, arguing it shouldn't extend to periods the applicant interrupted rehabilitation services. The WCAB found no bad faith or frivolousness, noting the petition was a reasonable attempt to clarify a potential ambiguity in the original decision.

Workers' Compensation Appeals BoardUnited AirlinesGallagher Bassett ServicesClifford GamblePetition for ReconsiderationDecision After RemittiturVocational Rehabilitation Maintenance AllowanceVRMAQualified Injured WorkerTimely Filing
References
1
Case No. MISSING
Regular Panel Decision

Doyle v. United Airlines, Inc.

Plaintiff Doreen Del Monaco Doyle sued United Airlines, Inc., alleging disability discrimination under the Rehabilitation Act of 1973 and breach of an employment agreement. Doyle claimed the airline denied her light duty work to accommodate short-term memory and coordination issues after brain surgery. Defendant moved to dismiss the Second Amended Complaint for failure to state a cause of action, arguing the Rehabilitation Act claim was time-barred and the breach of contract claim was preempted by the Labor Management Relations Act. The court granted defendant's motion to dismiss both claims with prejudice. The Rehabilitation Act claim was found to be time-barred, and equitable tolling was denied due to lack of due diligence. The breach of contract claim was preempted by LMRA § 301 and, even if considered a hybrid LMRA § 301 claim, it was also time-barred, leading to its dismissal.

Disability DiscriminationRehabilitation ActEmployment AgreementBreach of ContractLabor Management Relations ActLMRA PreemptionEquitable TollingStatute of LimitationsHybrid § 301 ClaimDuty of Fair Representation
References
47
Case No. MISSING
Regular Panel Decision
Mar 27, 1985

United States v. $100 in United States Currency

The United States initiated an in rem forfeiture action against $100,000 in U.S. currency, alleging it originated from illegal drug transactions. Claimants Jose Martinez-Torres and Nancy Medina asserted the funds were legitimate lottery winnings. The government sought summary judgment, arguing issue preclusion from a prior Nebbia bail hearing where Medina's lottery claim was found incredible. The Court granted partial summary judgment for the government, establishing probable cause for forfeiture. However, it denied the application of offensive collateral estoppel for full summary judgment, citing the distinct procedural environment and limited scope of the Nebbia hearing, and ruled that claimants are entitled to a plenary trial to prove the legitimate source of the funds.

ForfeitureDrug Trafficking ProceedsCollateral EstoppelIssue PreclusionSummary JudgmentProbable CauseIn Rem ForfeitureBail HearingDue Process ConcernsPuerto Rican Lottery
References
8
Case No. ADJ6721897
Regular
May 15, 2012

ERIC BOLDEN vs. UNITED AIRLINES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in the case of Bolden v. United Airlines. The Board rescinded the WCJ's prior decision and returned the matter for further proceedings and a new decision. This action is not a final determination of the case's merits. Both parties retain their rights regarding future appeals.

Petition for ReconsiderationWCJ's ReportGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelWorkers' Compensation Appeals BoardEric BoldenUnited Airlines
References
0
Case No. SAC 289384
Regular
Apr 04, 2008

NICK MILIVOJEVICH vs. UNITED AIRLINES

This case involves a clerical error in a prior award of attorney's fees for applicant Nick Milivojevich against United Airlines. The Workers' Compensation Appeals Board corrected the award to reflect the correct appellate attorney's fees of $\$ 6,050.00$ and disallowed costs, maintaining its continuing jurisdiction to rectify such errors. The corrected award is payable to Farrell, Fraulob & Brown, A Professional Corporation.

Workers' Compensation Appeals BoardClerical ErrorOpinion and AwardAttorney's FeesAppellate Attorney's FeesCostsContinuing JurisdictionToccalinoMorganUnited Airlines
References
2
Case No. ADJ2976308 (AHM 0075910) ADJ1926826 (AHM 0077308)
Regular
Jan 10, 2011

CLIFFORD GAMBLE vs. UNITED AIRLINES

This case concerns an applicant's claim for vocational rehabilitation benefits from United Airlines. The applicant interrupted services and did not seek reinstatement until over five years after the date of injury, which is beyond the statute of limitations. The Board denied reconsideration, finding that the applicant's vested right to benefits did not overcome the expired statute of limitations due to the delay. Applicant's arguments regarding improper notice, equitable tolling, and prior litigation were also rejected.

Vocational rehabilitationReconsiderationSubject matter jurisdictionVested rightSunset dateInterruptionStatute of limitationsReopenEquitable tollingLaches
References
7
Case No. ADJ8490774
Regular
Jan 06, 2014

JAIME ROSPIGLIOSI vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) denied United Airlines' petition for removal. The defendant's request for a new Qualified Medical Examiner (QME) was denied because the original QME selection process was valid and timely. The WCAB found the petition lacked merit, bordered on frivolous, and admonished defense counsel for failing to include their State Bar number. The existing QME's reports will stand, and the case will proceed without further delay.

Petition for RemovalWCABUnited AirlinesGallagher Bassett ServicesPQMEPanel QMEDr. CremetaMedical Unit8 CCR 30(b)duplicative request
References
0
Case No. ADJ526691, ADJ3636578
Regular
Mar 28, 2013

Jitka Van Dyne vs. United Airlines, Gallagher Bassett Services, Inc.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB adopted the Judge's report, stating removal is an extraordinary remedy not warranted here. The applicant failed to object to the declaration of readiness and has an adequate remedy at trial for evidentiary disputes. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardIrreparable HarmSignificant PrejudiceDeclaration of ReadinessAdmissibility of EvidenceDue DiligenceAneurysmIndustrial InjuryLay Opinion
References
3
Case No. ADJ526691 (LBO 0329338) ADJ3636578 (VNO 0535001)
Regular
Oct 22, 2019

JITKA VAN DYNE-PARMET vs. UNITED AIRLINES, INC.

The Workers' Compensation Appeals Board granted reconsideration to United Airlines regarding a 100% permanent disability award for Jitka Van Dyne-Parmet. Defendant argued the award improperly added multiple disabilities instead of combining them per the applicable rating schedule. The Board rescinded the award due to an inadequate trial record lacking clear stipulations and admitted evidence. The case is returned to the trial level to prepare a proper record for a new decision.

Workers' Compensation Appeals BoardUnited AirlinesPermissibly Self-InsuredSedgwick Claims Management ServicesPetition for ReconsiderationFindings of Fact and AwardPermanent DisabilityAgreed Medical ExaminersMultiple Disabilities Table1997 Rating Schedule
References
1
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