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Case Law Database

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

Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. ADJ3746488
Regular
Oct 07, 2010

JAVIER CHAVEZ vs. CRESCENT TRUCK LINES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision which found a lien claimant to be an assignee, thus not a covered claim for CIGA. The Board found the WCJ erred in drawing an adverse inference of assignment without sufficient evidence. The matter was returned to the trial level for further proceedings on whether the lien was legally assigned. The Board clarified that the nature of the assignment (absolute vs. for representation) is crucial to determining CIGA's liability.

Workers' Compensation Appeals BoardLien Recovery ServicesNorwalk OrthopedicCalifornia Insurance Guarantee AssociationCIGAadverse inferenceassigneelegal assignmentcovered claimexhibition exclusion
References
0
Case No. ANA 0386138
Regular
Jun 18, 2008

CECIL MORTON vs. RALPH'S, Permissibly Self-Insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's timely petition for removal to reassign the Workers' Compensation Administrative Law Judge (WCJ) due to procedural irregularities. The Appeals Board granted the removal because the defendant was first notified of the trial judge assignment at a mandatory settlement conference and the assigned WCJ failed to follow proper procedure regarding an "Order Suspending Action" for alleged inadequacy. Consequently, the case is reassigned to a different WCJ to determine readiness for trial.

WCAB Rule 10453Petition for RemovalAutomatic ReassignmentWorkers' Compensation Administrative Law Judge (WCJ)Mandatory Settlement Conference (MSC)Order Suspending ActionAdequacyPolicy and Procedure ManualLabor Code section 5502(e)(3)Stipulations with Request for Award
References
0
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. ADJ15136580
Regular
May 09, 2025

Neal Newton vs. Rudgear Logistics, LLC.; Falls Lake Fire & Casualty

Applicant Neal Newton filed a petition to disqualify the trial Workers' Compensation Administrative Law Judge (WCJ), alleging bias and the expression of unqualified opinions during hearings. The applicant contended the WCJ belittled his personal physician, questioned his intelligence, and demonstrated bias against his video evidence. Despite the WCJ denying actual bias, the Workers' Compensation Appeals Board found an 'appearance of bias' sufficient to warrant disqualification, particularly noting the WCJ's characterization of applicant's documents without full review. Consequently, the Board granted the petition, disqualified the assigned WCJ, and ordered the case reassigned to a new WCJ.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJAppearance of BiasMandatory Settlement ConferenceDeclaration of Readiness to ProceedQualified Medical EvaluatorEvidence DisputeMed-Legal EvaluationCode of Civil Procedure
References
5
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ3072125
Regular
Dec 08, 2017

STEPHANIE SEALS vs. OCCUPATIONAL HEALTH MANAGER, CHIRON CORPORATION, TRAVELERS

The applicant sought removal of Judge Lieberman, alleging she ignored prior orders regarding personnel records and showed bias. The WCJ acknowledged the applicant's concerns about potential impropriety due to frank settlement discussions where monetary sums were mentioned. The WCJ recommended reassignment to another judge and the Appeals Board granted the petition for removal. The case is returned to the presiding judge for assignment to a new WCJ.

Petition for RemovalJudge LiebermanJudge MillerPersonnel RecordsBias AllegationAppearance of ImproprietyWCJ RecommendationPanel QMECase AssignmentOakland WCAB
References
0
Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975
Regular
Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in attorney fee calculations for applicant Malcolm Strong's permanent disability awards from a specific and cumulative injury to his cervical spine and upper extremities. The Board affirmed the original findings regarding the nature and extent of the injuries and the permanent disability ratings assigned by the WCJ. Applicant's contention that the WCJ erred by using the Combined Value Table to combine impairment ratings was rejected, as the WCJ's application of the AMA Guides was consistent with the Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical ExaminerRichard D. ScheinbergM.D.Permanent Disability Rating ScheduleAMA GuidesCombined Values Tablecervical spine
References
12
Case No. ADJ9849559
Regular
Sep 08, 2017

MARIA ESTEVEZ vs. WALMART ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original order to defer the disposition of Reshealth Medical Group's lien. The Board found that the WCJ failed to make necessary factual findings regarding the timing of the assignment of the lien to Javlin Three LLC, a critical issue given Reshealth's suspension by the Franchise Tax Board. The matter was returned for further proceedings to address whether the assignment was valid before or after Reshealth's corporate suspension, and potentially the validity of the assignment under Labor Code section 4903.8. The Board otherwise affirmed the original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeLienAssignmentFranchise Tax Board suspensionCorporate statusCapacity to sueLabor Code 5313
References
10
Case No. ADJ11145757; ADJ11145758
Regular
Sep 29, 2025

JOHN GARCIA vs. ROMAN CATHOLIC BISHOP OF ORANGE, CHURCH MUTUAL INSURANCE COMPANY

Applicant John Garcia sought removal or reconsideration of a workers' compensation administrative law judge's (WCJ) minute order denying his request for automatic reassignment. The Appeals Board dismissed the petition for reconsideration, finding the WCJ's order was an interlocutory procedural decision and not a 'final' order. The Board also denied the petition for removal, concluding that the applicant failed to show significant prejudice or irreparable harm and that reconsideration would not be an adequate remedy. Furthermore, the Board upheld the assignment of supplemental proceedings to WCJ Finete, citing Labor Code section 5700, as he had previously approved the Compromise and Release.

Petition for ReconsiderationPetition for RemovalAutomatic ReassignmentWCJ AssignmentCompromise and ReleaseAttorney Fee DivisionFinal OrderInterlocutory OrderLabor Code Section 5700WCAB Rule 10346
References
8
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