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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

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. MISSING
Regular Panel Decision

Parrott v. Commissioner SSA

The plaintiff sought judicial review of the Commissioner of the Social Security Administration's decision denying disability benefits. The defendant moved to dismiss the complaint, arguing it was not timely filed. The Magistrate Judge recommended granting the motion to dismiss, concluding the complaint was untimely. The plaintiff filed objections, introducing a new theory of constructive possession of the complaint by the clerk. The District Court, after de novo review, overruled the plaintiff's objections, citing the impropriety of raising new legal theories before the district judge that were not presented to the magistrate judge. Consequently, the court adopted the Magistrate Judge's report and granted the defendant's motion to dismiss.

Social Security DisabilityJudicial ReviewMotion to DismissTimelinessFiling DeadlinesMagistrate Judge RecommendationsObjections to ReportDe Novo ReviewConstructive PossessionFederal Procedure
References
13
Case No. MISSING
Regular Panel Decision

Myer v. Callahan

The case involves pro se plaintiff Turner Myer III seeking judicial review of a Social Security Administration (SSA) decision denying disability benefits. The defendant, SSA, moved to dismiss due to untimely filing. The Magistrate Judge recommended granting dismissal because Myer failed to file within the statutory period, didn't request an extension, and equitable tolling was deemed inapplicable. The District Court reviewed Myer's objections to this recommendation, finding them without merit. The court concluded that Myer's previous attempts to file in other district courts did not justify equitable tolling due to his subsequent inaction and the absence of court misconduct or threats. Consequently, the District Court overruled Myer's objections, adopted the Magistrate Judge's report, and granted the defendant's motion for summary judgment.

Disability BenefitsSocial SecurityEquitable TollingUntimely FilingSummary JudgmentPro Se LitigantPrisoner LitigationFifth CircuitMagistrate Judge ReportDistrict Court Order
References
34
Case No. ADJ8162481
Regular
Aug 29, 2014

JERRY CRADDUCK vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

This case involves the denial of a defendant's Petition for Removal regarding a workers' compensation matter. The defendant sought to have a Qualified Medical Evaluator (QME) report admitted, arguing the applicant's objection was untimely. However, the Board found the QME's report was indeed untimely and the applicant's objection was valid. Removal was denied because the defendant failed to demonstrate substantial prejudice and the WCAB Rules were also violated by the defendant.

Petition for RemovalQualified Medical Evaluator (QME)Untimely ReportOff CalendarStatus ConferenceMedical UnitReplacement PanelTimeliness ObjectionComprehensive Medical-Legal EvaluationMedical Director
References
2
Case No. ADJ2716798 (WCK 0029007), ADJ2430808 (OAK 0281982), ADJ229203 (OAK 0333135), ADJ1351068 (WCK 0030503)
Regular
Dec 01, 2013

KAMLESH BANGA vs. STATE COMPENSATION INSURANCE FUND

The defendant, State Compensation Insurance Fund, petitioned for removal, arguing the applicant's objection to the judge was untimely. The applicant alleged the judge previously represented her, necessitating disqualification, but this objection was raised only after trial and an unfavorable award. The Appeals Board found the disqualification request untimely as it was not made before the first witness was sworn. Consequently, the Board granted removal, rescinded the order of rescission, and returned the cases to the trial level for further proceedings.

Petition for RemovalOrder Rescinding FindingsWorkers' Compensation Appeals BoardWCJ DisqualificationTimeliness of ObjectionLabor Code Section 5311WCAB Rule 10452Petition for ReconsiderationMandatory Settlement ConferenceIndustrial Injuries
References
0
Case No. ADJ9163491; ADJ9163494
Regular
Jan 09, 2015

RIGOBERTO NORIEGA vs. BEST WESTERN TOWN & COUNTRY

This case concerns an applicant's petition for removal after the WCJ denied his objection to a QME's report. The applicant argued the QME report was untimely and prejudicial because it issued a zero impairment rating. The Appeals Board denied removal, finding the applicant waived his objection by not requesting a replacement QME panel until after receiving the unfavorable report. The Board cited precedent preventing parties from waiting to see if a report is favorable before objecting to its timeliness. Commissioner Zalewski dissented, believing the applicant could object after receipt as long as the objection preceded the replacement panel request.

Petition for RemovalQualified Medical EvaluatorQME reportuntimely filingservice of reportreplacement panelobjectionstatutory timeframesLabor CodeAdministrative Director Rule
References
3
Case No. ADJ1952983
Regular
Mar 15, 2018

JUAN RIVERA vs. IMPORT EXPORT CACTUS, STATE COMPENSAITON INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of a prior ruling that deemed them to have waived objections to a specific invoice from lien claimant Scandoc Imaging. The WCAB denied reconsideration, finding that the defendant's objection, if any, was untimely, having been filed approximately four years after the invoice was submitted. California regulations require objections to medical-legal billings within 60 days to avoid waiver. Therefore, the defendant waived their objections to the reasonableness of the services and charges for invoice #234447-3.

WCABPetition for ReconsiderationFindings and Orderslien claimantinvoice objectionwaiver of objectionreasonableness of servicesLabor Code section 4622Scandoc ImagingImport Export Cactus
References
2
Case No. MISSING
Regular Panel Decision

Claim of Wilkinson v. Bendix Friction Corp.

Claimant filed a workers' compensation claim after being diagnosed with a lung condition, which a Workers' Compensation Law Judge (WCLJ) determined in August 2003 was an occupational disease causally related to 1969 asbestos exposure while working for the employer, though not currently disabling. The claimant sought review. The Workers' Compensation Board, in January 2004, found the employer's rebuttals to be untimely. Subsequently, the employer and its third-party administrator filed an application for Board review in February 2004, which the Board denied as untimely in October 2004. The employer appealed this denial. The appellate court affirmed the Board's decision, finding no abuse of discretion in denying the application as untimely, given that the employer had received proper notice of the WCLJ decision.

Workers' CompensationUntimely ApplicationBoard ReviewOccupational DiseaseAsbestos ExposureCausal RelationDisability ClaimAppellate Decision
References
4
Case No. WR 78,113-01
Regular Panel Decision
Mar 19, 2015

Garza, Humberto

This document contains Applicant Humberto Garza's objections to the Convicting Court's Findings of Fact and Conclusions of Law, and its recommendation to deny habeas corpus relief. Garza seeks the withdrawal of the February 12, 2015 Order, the recusal of Judge Noe Gonzalez, and the assignment of a different judge or revised findings. The objections are rooted in concerns over alleged ex parte communications with the jury by the judge and bailiff, the court's adoption of the State's findings, and insufficient funding for case development. Additionally, Garza objects to the exclusion of expert reports diagnosing Fetal Alcohol Spectrum Disorder and outlining its impact on his life.

Ineffective Assistance of CounselHabeas CorpusRecusal MotionJury MisconductEx Parte CommunicationJudicial ImpartialityFetal Alcohol Spectrum DisorderMitigation EvidenceCapital PunishmentDeath Penalty
References
76
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