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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

Lake v. M.P.C. Trucking, Inc.

The case involves an appeal by the law firm Lewis & Stanzione after the Supreme Court denied their motion to withdraw as counsel for plaintiffs, including Charles Lake. Plaintiffs initially sought damages for injuries but later expressed dissatisfaction with their attorney, Ralph Lewis, questioning his competence, veracity, and loyalty, despite also requesting his continued representation due to inability to find new counsel. Lewis sought to withdraw due to limited potential recovery and irreconcilable differences, exacerbated by plaintiffs rejecting settlement offers and insisting on trial against his advice. The Appellate Division reversed the Supreme Court's decision, granting the law firm's motion for renewal and permitting them to withdraw as counsel, citing the deteriorated attorney-client relationship.

Attorney-Client RelationshipWithdrawal of CounselProfessional StandardsIrreconcilable DifferencesMotion to RenewAppellate ReviewGreene CountyWorkers' Compensation ClaimDamages LitigationSettlement Offers
References
7
Case No. ADJ10063548
Regular
Jul 03, 2019

Elsa Linares vs. Jonathan Club, Cypress Insurance Company

This case involved a lien claimant's petition for reconsideration regarding a WCJ's finding that a medical-legal expense was not reimbursable. The lien claimant subsequently requested to withdraw their petition for reconsideration. The Appeals Board granted this withdrawal request. Consequently, the Board vacated its previous order granting reconsideration and dismissed the lien claimant's petition, affirming the original WCJ's decision.

Lien claimantReconsiderationFindings and OrderMedical-legal expenseDismissedVacated
References
0
Case No. ADJ8033649, ADJ8418002, ADJ2392693 (SAC 0321287)
Regular
Nov 06, 2014

Reid Rousseau vs. AGI Publishing, Inc. dba Valley Yellow Pages, Liberty Mutual, State Compensation Insurance Fund

The California Insurance Guarantee Association (CIGA) sought removal to the Appeals Board, challenging the Workers' Compensation Judge's (WCJ) denial of their request to participate as a party. However, the underlying case was subsequently settled, leading CIGA to file a Request to Withdraw its Petition for Removal. Despite electronic filing, CIGA failed to properly notify the Appeals Board of this withdrawal. Therefore, the Appeals Board dismissed CIGA's petition as it was withdrawn.

CIGAPetition for RemovalWCJDismissalWithdrawalEAMSElectronic FilingAppeals BoardWorkers' Compensation Appeals BoardParty Status
References
0
Case No. MISSING
Regular Panel Decision
May 17, 2002

In re the Claim of Kearse

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which upheld its prior ruling that the claimant's request for a hearing was untimely. The claimant had been disqualified from receiving unemployment benefits due to misconduct and charged with an overpayment, but failed to request a review hearing for several months, mistakenly believing her workers' compensation case was related. The Board, upon reconsideration, adhered to its finding that the request was untimely. The Appellate Division affirmed the Board's decision, reiterating that a claimant typically has 30 days to request a hearing unless there is a valid excuse. The court also declined to consider the claimant's belated assertions of post-traumatic stress disorder as a justification for the delay.

Unemployment BenefitsUntimely RequestMisconduct DischargeOverpaymentWorkers' CompensationPost-Traumatic Stress DisorderAppellate ReviewHearing TimelinessAdministrative DecisionNew York Appellate Division
References
4
Case No. MISSING
Regular Panel Decision

Claim of Domanico v. Woodmere Fire District

This case involves an appeal from a decision by the Workers’ Compensation Board, filed April 4, 2005, which denied an employer's request for reimbursement of wages paid to a claimant during a period of disability. The court examined whether a June 24, 2004 notice, issued by the self-insured employer, Woodmere Fire District, containing language about reimbursement, was sufficient as a request under Workers’ Compensation Law § 25 (4) (a). The court found the notice to be sufficient in form. However, a critical issue remained regarding the timeliness of this request; specifically, whether it was filed prior to the compensation award made at the January 7, 2005 hearing. Due to this unresolved issue, the court reversed the Board's decision and remitted the matter for further proceedings to determine the timeliness of the reimbursement request.

Workers' Compensation ReimbursementEmployer Wage ReimbursementDisability WagesTimeliness of Reimbursement RequestWorkers' Compensation LawBoard Decision AppealJudicial ReversalRemittal for Further ProceedingsNew York Workers' CompensationStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Bland v. Gellman

A claimant had two workers' compensation claims, one managed by the Special Fund for Reopened Cases and the other by Travelers Insurance Company, with liability equally apportioned. The claimant's treating physician requested a variance for aquatic therapy, which both carriers denied. Although a Workers' Compensation Law Judge approved the treatment, the Workers' Compensation Board reversed, asserting that the variance request form (MG-2) was not properly served on the Board and that the review request was untimely. The Appellate Division reversed the Board's decision, finding substantial evidence that the MG-2 form was timely filed with the Board, referencing both claim numbers, and that the request for review of the denial was also timely. The court concluded that the Board's determination lacked substantial evidence and remitted the matter for further proceedings.

Variance RequestAquatic TherapyClaim DenialMG-2 FormTimely FilingAdministrative LawAppellate ReviewSpecial Fund for Reopened CasesTravelers Insurance CompanySubstantial Evidence
References
3
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
0
Case No. MISSING
Regular Panel Decision

In Re Schatz Fed. Bearings Co., Inc.

The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) sought to withdraw from the Creditors’ Committee in the bankruptcy estate of Schatz Federal Bearings Co., Inc. The Creditors’ Committee opposed the withdrawal, aiming to preserve its appeal of an earlier ruling that deemed the UAW eligible to serve. The court granted the UAW's application to withdraw, citing that a creditor's willingness to serve is a key factor in committee composition and that compelling service is not justified when the creditor no longer has an interest in the case, especially since the debtor's business has ceased and its assets were liquidated. The court also noted the UAW's pension rights were guaranteed by ERISA and it had negotiated a new contract with the asset buyer, making its position on the committee academic.

BankruptcyCreditors' CommitteeUnion RepresentationMotion to WithdrawMootness DoctrineERISADebtor LiquidationJudicial DiscretionAdequate RepresentationVoluntary Service
References
2
Case No. MISSING
Regular Panel Decision

Sigmund Cohn Corp. v. District No. 15 MacHinists Pension Fund Ex Rel. Board of Trustees

This case involves a dispute over an employer's withdrawal liability from a multiemployer pension plan under ERISA and MPPAA. Petitioner Sigmund Cohn Corporation challenged the assessment of withdrawal liability by the Board of Trustees of the District No. 15 Machinists Pension Fund, which an arbitrator subsequently deemed 'clearly erroneous.' The District Court confirmed the arbitrator's award, agreeing that the Fund had improperly applied the direct attribution method of calculating liability because the plan's amendment process had not been formally completed at the time of Sigmund Cohn's withdrawal. Consequently, the court ordered the Fund to recalculate Sigmund Cohn's withdrawal liability using the statutory presumptive method. However, the court denied Sigmund Cohn's request for attorney's fees, finding no evidence of bad faith on the part of the Fund.

ERISAMPPAAWithdrawal LiabilityPension PlanArbitration AwardFund AmendmentStatutory Presumptive MethodDirect Attribution MethodAttorney FeesFiduciary Duty
References
22
Case No. MISSING
Regular Panel Decision

Stair v. Calhoun

Plaintiffs' counsel, Ballon Stoll Bader & Nadler, P.C., moved to withdraw from representing plaintiffs and sought a charging and retaining lien due to plaintiff Theodore Stair's substantial unpaid legal fees. Stair opposed the withdrawal, citing a pending settlement. The court granted counsel's motion to withdraw, finding Stair's prolonged failure to pay constituted deliberate disregard of his financial obligations. The court also granted a charging lien for $37,546.87, representing adjusted reasonable hours and expenses, but denied the motion for a retaining lien to prevent prejudice to the ongoing litigation and due to Stair's alleged indigence.

Withdrawal of CounselCharging LienRetaining LienUnpaid Legal FeesAttorney-Client RelationshipDeliberate DisregardQuantum MeruitShareholder DilutionMotion PracticeFee Dispute
References
86
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