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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

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. ADJ3107406 (LAO 0758074)
Regular
Jun 21, 2013

SHAN S. GU vs. DEPARTMENT OF PUBLIC SOCIAL SERVICES, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a required activation fee. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed untimely, outside the statutory 20-day window after service. Furthermore, even if timely, the petition would have been dismissed for failure to serve all adverse parties and file proof of service. The WCAB noted the lien activation fee was, in fact, paid prior to the dismissal, but this did not cure the procedural defects of the petition.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder of DismissalLien activation feeLabor Code section 4903.06WCJReport and RecommendationEAMSProof of Service
References
0
Case No. ADJ11368246
Regular
Mar 03, 2020

Marta Ubillus vs. One Stop Employment Services, LLC/Vensure Employer Services, Security National Insurance Company, State National Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration regarding the valuation of interpreter services. The WCAB adopted the Administrative Law Judge's (ALJ) report, which found that while the defendant did not present rebuttal evidence, the ALJ had substantial evidence to make a determination. The ALJ determined a market rate of $114.97 per hour but noted the lien claimant failed to provide sufficient evidence of the duration of services on most dates, preventing application of the market rate. Consequently, the statutory rate was applied for those services.

WCABPetition for ReconsiderationDeniedLien ClaimantInterpreter ServicesMarket RateStatutory RateWCJ ReportSubstantial EvidenceFindings and Award
References
1
Case No. ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)
Regular
Apr 21, 2014

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtimely filingserviceLabor CodestipulationElectronic Adjudication Management System (EAMS)defective serviceuntimely petition
References
5
Case No. WCK 0068998
Regular
Jan 22, 2008

LINDA FONTENOT vs. BARRETT BUSINESS SERVICES INC., PINNACLE RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded sanctions imposed against Barrett Business Services Inc. (represented by Pinnacle Risk Management Services) and its adjustor, Chamber Medical Collections, Inc. (CMC), for failing to appear at a hearing. The WCAB found that CMC provided a reasonable excuse for its non-appearance, supported by a doctor's note, and deemed the sanctions disproportionate. The matter was returned to the trial level for further proceedings on other sanctions and the underlying lien claim.

Workers Compensation Appeals BoardReconsiderationSanction OrdersLien ClaimantFailure to AppearWCJPetition for ReconsiderationTimelinessReasonable ExcuseDoctor's Statement
References
0
Case No. ADJ8762625 (MF) ADJ8782686
Regular
Aug 20, 2018

MARCELA CAMERENA vs. STONEHAVEN, INC., EVEREST NATIONAL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., EAH INCORPORATED, UNITED STATES FIRE INSURANCE, Administered by CRUM & FORSTER HOLDINGS CORP.

This case concerns a lien claimant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to modify the original award regarding the reasonableness of services and the reimbursement amount. Ultimately, the WCAB found that the lien claimant's "lien/legal fee" service was not reasonable, but affirmed reimbursement for other services at $\$9,759.32$, concluding the defendant waived objections to most costs due to a failure to contest within the statutory 60-day period. The WCAB also upheld the exclusion of a specific exhibit for failing to comply with discovery rules.

Lien ClaimantPetition for ReconsiderationJoint Findings of FactAward & OrderWorkers' Compensation Appeals BoardWCJReasonable ServicesFee SchedulePenalties and InterestLabor Code section 4622
References
22
Case No. ADJ587289 (LBO 0321668)
Regular
202013-05-00

TERESA BACA vs. STATE OF CALIFORNIA DPSS/CALWORKS/GAIN; TRISTAR; STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Pinnacle Lien Services on behalf of lien claimant Dynamed, Inc., challenging a prior Order Imposing Sanctions. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. Although the petitioner claimed defective service of the sanctions order, the WCAB found that their own records, via the EAMS system, conclusively showed proper service of the relevant orders to Pinnacle Lien Services at their correct address. Therefore, the WCAB denied reconsideration as the petition was not filed within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessOrder Imposing SanctionsNotice of ServiceElectronic Adjudication Management SystemWCABLien ClaimantAdministrative Law JudgeOfficial Record of Service
References
0
Case No. MISSING
Regular Panel Decision

Cox v. Don's Welding Service, Inc.

A construction worker, John J. Stachera, died on April 17, 1972, after being struck by a defective metal boom. His estate sued Don's Welding Service, Inc. for negligence, breach of warranty, and wrongful death, alleging the boom was improperly welded. The trial court dismissed the plaintiff's complaint at the close of proof, as well as Don's Welding Service's cross-claim against the third-party defendant, Depew Paving Co., Inc. The appellate court reversed the judgment, concluding that sufficient circumstantial evidence existed, especially given the lower burden of proof in wrongful death actions, to withstand a motion to dismiss under CPLR 4401. Consequently, a new trial was granted for the plaintiff.

Wrongful deathNegligenceBreach of warrantyConstruction accidentDefective weldingCircumstantial evidenceCPLR 4401Prima facie evidenceBurden of proofAppellate review
References
4
Case No. ADJ3196685 (PAS 0043967) MF ADJ2175299 (PAS 0043966)
Regular
Jul 20, 2015

ALICIA SZUMAN vs. JAY NOLAN COMMUNITY SERVICES, HIH INSURANCE, in liquidation/CIGA, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORT SERVICES, YORK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Alicia Szuman v. Jay Nolan Community Services et al. This grant was sought by the defendant to allow further study of the factual and legal issues. The WCAB has ordered that all future correspondence related to the petition for reconsideration must be filed directly with the Office of the Commissioners. This order is effective pending the issuance of a formal Decision After Reconsideration.

Workers' Compensation Appeals BoardReconsideration GrantedPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMSTrial Level Documents
References
0
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