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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Wachtel v. Metropolitan Life Insurance

The plaintiff, Mr. Wachtel, sued his health insurance carrier, Empire (previously Metropolitan), for reimbursement of a manually operated wheelchair for his wife, Carrie R. Wachtel, who suffers from multiple sclerosis. Although the insurer had provided a motorized wheelchair, Mrs. Wachtel's Orthodox Jewish faith precludes its use on the Jewish Sabbath. The court considered whether the insurer could be compelled to provide an additional benefit based on religious beliefs. It found that the insurer's definition of 'medically necessary' lacked clear exclusions applicable to this situation. Therefore, the court ruled that the manual wheelchair was medically necessary given Mrs. Wachtel's inability to use the motorized chair one day a week due to religious tenets, and entered judgment for the plaintiff.

Religious AccommodationHealth Insurance CoverageMedical NecessityWheelchair ReimbursementOrthodox JudaismSabbath ObservanceInsurance Contract InterpretationDiscrimination in InsuranceMultiple SclerosisSmall Claims Court
References
23
Case No. ADJ4402360 (MON 0331376) ADJ937992 (MON 0331375)
Regular
Sep 19, 2011

MARTIN ROJERO LONGORIA vs. MICRO SOLUTIONS, ICW EXPLORER INSURANCE

This case involves a lien claimant, former counsel Elliott J. Wachtel, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCJ initially awarded attorney fees for temporary disability but did not address Wachtel's lien for services rendered previously. Wachtel argued the WCJ erred by failing to name him in the decision and address his lien. While the WCJ acknowledged an error and proposed an amended award for one case, the WCAB dismissed Wachtel's petition because it was untimely for the specific injury case and moot for the continuous trauma case.

Lien claimantPetition for ReconsiderationFindings of Fact and AwardWCJindustrial injurylumbar spinehead injuryattorney feestemporary disability benefitscontinuous trauma
References
2
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. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. 2016 NY Slip Op 02173 [137 AD3d 657]
Regular Panel Decision
Mar 24, 2016

Wittels v. Sanford

This case involves an appeal concerning the confirmation of an arbitration award in favor of Steven L. Wittels, a partner in a dissolved law firm. The Supreme Court had affirmed the arbitrators' decision, which entitled Wittels to an accounting and distribution of his partnership interest, ruling that potential violations of the Rules of Professional Conduct did not override this entitlement or violate public policy. The arbitrators also correctly denied a counterclaim for disgorgement of compensation, finding earlier payments untainted. However, the Appellate Division found that the Supreme Court erred in striking portions of the cross-petition to vacate the arbitration award. Consequently, the Appellate Division affirmed the judgment confirming the award, reversed the order to strike portions of the cross-petition, and dismissed the appeal from an earlier order.

Arbitration Award ConfirmationPartnership DissolutionAttorney EthicsRules of Professional ConductPublic Policy ViolationFaithless Servant DoctrineDisgorgement of CompensationAppellate Review StandardCPLR 7511Motion to Strike
References
17
Case No. MISSING
Regular Panel Decision
Aug 02, 2013

National Integrated Group Pension Plan v. Dunhill Food Equipment Corp.

This case, filed under ERISA, involves the National Integrated Group Pension Plan and its Board of Trustees (Plaintiffs) seeking to collect withdrawal liability from Dunhill Food Equipment, Esquire Mechanical, Geoffrey Thaw, Sanford Associates, and Custom Stainless (Defendants). The core dispute revolved around whether the non-Dunhill defendants were part of a commonly controlled group at the time of Dunhill's withdrawal from the pension plan, and whether Geoffrey Thaw could be held personally liable through veil piercing. The court ruled that Dunhill, Esquire, and Thaw were jointly and severally liable for the withdrawal liability, attorney's fees, costs, interest, and liquidated damages, finding Thaw's complete domination and misuse of corporate funds justified piercing the corporate veil. However, the claims against Sanford and Custom Stainless were dismissed, as they were determined to have effectively dissolved prior to the withdrawal date, thus not being members of the controlled group.

ERISA LitigationMPPAA LiabilityPension WithdrawalCorporate Veil PiercingSummary Judgment MotionControlled Group LiabilityCorporate DissolutionPersonal LiabilityEmployee Benefits LawFiduciary Breach
References
48
Case No. MISSING
Regular Panel Decision

Pollack v. Hobbs

Sanford Pollack, previously convicted of arson and other crimes, filed a pro se petition under 28 U.S.C. § 2241, seeking to vacate his arson conviction. He argued that the federal court lacked jurisdiction due to an insufficient interstate commerce nexus for the property involved. The government opposed the motion on both procedural and substantive grounds. The court ultimately denied the petition, finding it procedurally barred because Pollack failed to raise the jurisdictional challenge on direct appeal or in a timely § 2255 motion. Additionally, the court found the jurisdictional claim to be without merit, citing Pollack's own guilty plea allocution where he admitted the property's use in interstate commerce.

Habeas Corpus PetitionArson ConvictionFederal JurisdictionInterstate Commerce NexusProcedural BarPlea Agreement WaiverCollateral Attack28 U.S.C. 224128 U.S.C. 2255Timeliness
References
18
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
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
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