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

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 Washington v. Montefiore Hospital

Claimant, a mechanical engineer, sustained a work-related injury and received initial workers' compensation benefits. The employer later contested further disability, leading to a Workers' Compensation Law Judge (WCLJ) order for medical expert depositions, including one from the employer's expert, Robert Orlandi. Claimant's counsel objected to Orlandi's telephone deposition but failed to formally challenge the notice or raise a specific objection to the oath administration during the deposition. Orlandi's testimony, taken via telephone with the court reporter in New York and Orlandi in Connecticut, concluded that the claimant was no longer disabled. Both the WCLJ and the Workers' Compensation Board credited Orlandi's testimony, finding the claimant waived objections to the deposition's procedural irregularities. The Appellate Division affirmed the Board's decision, ruling that the claimant's failure to make a timely and specific objection to the oath's administration during the deposition constituted a waiver, thus allowing the Board to properly rely on Orlandi's evidence.

Workers' CompensationMedical TestimonyDeposition ProcedureWaiver of ObjectionCPLROath AdministrationDisability AssessmentAppellate ReviewExpert WitnessProcedural Irregularities
References
2
Case No. MISSING
Regular Panel Decision

Gudz v. Jemrock Realty Co., LLC

The dissenting opinion, penned by Justice Manzanet-Daniels, argues against the permissibility of a class action concerning rent overcharges under the Rent Stabilization Law (RSL). The core contention is that the treble damages stipulated in RSL § 26-516 (a) constitute a mandatory "penalty" as defined by CPLR 901 (b), which explicitly forbids class actions for statutory penalties unless specific authorization exists. The dissent asserts that any waiver of these treble damages by a class representative is nullified by Rent Stabilization Code § 2520.13, as such a waiver would undermine the legislative intent to deter excessive rents and contravene public policy. Furthermore, the opinion posits that such a waiver compromises the adequacy of the class representative, potentially disadvantaging class members who might possess significant claims for treble damages.

Class ActionPenaltyTreble DamagesRent Stabilization LawCPLR 901 (b)Waiver of RightsAdequacy of Class RepresentativePublic PolicyStatutory InterpretationRent Overcharge
References
16
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
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. ADJ8931511
Regular
Sep 04, 2014

DOUGLAS FEUTZ vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for removal, affirming the WCJ's decision. The applicant's attorney objected to a supplemental QME report being untimely, but did not request a new QME panel until after reviewing the report. The Board found this action constituted a waiver of the objection because the request was not made contemporaneously with the objection to the violation. Allowing such a delay would undermine efficient dispute resolution and permit doctor shopping.

Petition for RemovalSupplemental ReportPanel Qualified Medical EvaluatorPQMEMedical UnitReplacement QME PanelTimely Supplemental ReportProcedural ViolationWaiverDoctor-Shopping
References
2
Case No. MISSING
Regular Panel Decision

Matter of Kessler

William B. Kessler, Inc. (Kessler), a clothing manufacturer, filed for Chapter 11 bankruptcy. Kessler was party to collective bargaining agreements requiring contributions to a Multi-employer Pension Plan (MPP). Upon cessation of operations, a withdrawal liability became due to the Amalgamated Clothing and Textile Workers Union ('the Union'). The Union filed several claims for this withdrawal liability, seeking administrative priority status. Kessler objected, arguing that the withdrawal liability was based on pre-petition services and did not qualify as an administrative expense under Bankruptcy Code § 507(a)(1). The court sustained Kessler's objection, expunging duplicative claims and reclassifying the remaining withdrawal liability claim as a general unsecured claim, concluding it was not entitled to administrative status.

BankruptcyChapter 11Collective Bargaining AgreementMulti-employer Pension PlanMPPAWithdrawal LiabilityAdministrative ExpensesPriority ClaimsUnsecured ClaimsSeverance Pay
References
7
Case No. ADJ7395101
Regular
Jan 13, 2016

Phillips Wylly Jr. vs. Omni Hotel, Arch Insurance Company

The Workers' Compensation Appeals Board rescinded the original findings regarding the applicant's right thumb injury, as it was based on an unclear stipulation and the employer's insurer's identity was irrelevant. However, the Board affirmed the denial of the applicant's request to strike the medical report of Dr. Ronald Carlish. This denial was due to the applicant's waiver of objection by not unqualifiedly objecting to the untimely report before reviewing its contents. The Board found that allowing such an objection after seeing an unfavorable opinion would promote doctor shopping and hinder expeditious litigation.

Petition for ReconsiderationStipulation of CounselIndustrial InjuryPanel Qualified Medical EvaluatorMedical ReportReplacement PanelWaiverInvited ErrorUntimely ServiceDoctor Shopping
References
3
Case No. MISSING
Regular Panel Decision

Claim of Drummond v. Desmond

This appeal consolidates three cases where the disability insurance carrier, First Rehabilitation Life Insurance Company of America, sought reimbursement for disability benefits paid to claimants Headley Drummond, Stephanie Scire, and Sandra Lewis from their workers’ compensation waiver agreements. The Workers' Compensation Board denied the carrier's request for a lien against these settlements, arguing that the proceeds were not 'awards of workers’ compensation benefits' and that the carrier lacked standing to object. The Board subsequently approved the waiver agreements. The Appellate Division dismissed the carrier’s appeals from the Board’s letters, ruling that the letters were not appealable Board decisions. Furthermore, the Court held that approved waiver agreements are explicitly not subject to administrative or appellate review under Workers’ Compensation Law § 32 (c).

Workers' Compensation BenefitsDisability InsuranceReimbursement ClaimsWaiver Agreement ValidityLien EnforcementAppellate Court JurisdictionAdministrative AppealsStanding in Legal DisputesStatutory Interpretation (Workers' Compensation Law)Board Decisions
References
2
Case No. MISSING
Regular Panel Decision

Allman v. UMG Recordings

Plaintiffs, members of the Allman Brothers Band, sued UMG Recordings, Inc. for breach of contract, alleging unpaid royalties for the period of January 1, 2000, through December 31, 2003. UMG removed the case to federal court based on diversity jurisdiction and moved for summary judgment, arguing the claims were time-barred. The court examined the recording agreements from 1985 and 1994, which included "Objection Provisions" and "Limitation Provisions" requiring written objections within two years and commencing suit within three years, respectively. The court found that Plaintiffs' objections and subsequent lawsuit were untimely for most statements, and no exceptions like waiver or equitable estoppel applied. Consequently, the court granted UMG's motion for summary judgment and dismissed the complaint.

Breach of contractRoyalty paymentsRecording agreementsSummary judgmentStatute of limitationsContractual limitation periodWaiverEquitable estoppelTimeliness of claimsMusic industry law
References
29
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