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

Case No. S7 91 Cr. 451
Regular Panel Decision
Jul 28, 1993

United States v. Marquez

This Memorandum Opinion and Order details the findings for the sentencing of defendant Flora Marquez following a Fatico hearing. Marquez pleaded guilty to conspiracy to distribute and possess heroin. The hearing addressed disputes regarding the quantity of narcotics involved, her role in the offense, and claims of diminished capacity. The Court determined a Base Offense Level of 32, denied adjustments for her role or diminished capacity, and allowed only a two-point reduction for acceptance of responsibility. Consequently, Marquez's Total Offense Level was set at 30, with a Criminal History Category of I, leading to a sentencing guideline range of 97-121 months.

Criminal LawSentencing GuidelinesDrug ConspiracyHeroin DistributionCocaine DistributionFatico HearingRelevant ConductBase Offense LevelDiminished CapacityAcceptance of Responsibility
References
21
Case No. MISSING
Regular Panel Decision

United States v. Villanueva Madrid

Defendant Consuelo Marquez, an investment broker, was indicted on seventeen counts, including conspiracy to launder illegal proceeds and conspiracy to commit bank and wire fraud. Marquez sought severance of the money laundering charge (Count One) from the bank and wire fraud charges (Counts Two through Seventeen), dismissal of certain charges, and various discovery orders. The court granted her motion for severance under Federal Rule of Criminal Procedure 14, citing the undue prejudice that would arise from a joint trial due to the potentially inflammatory nature of the money laundering evidence. The court denied the motion to dismiss the wire fraud charges based on deprivation of honest services, finding the indictment facially sufficient. Additionally, the court granted in part and denied in part Marquez's discovery motions, setting a schedule for the disclosure of Giglio material, Rule 404(b) evidence, and witness lists.

SeveranceMoney LaunderingBank FraudWire FraudConspiracyFederal Rules of Criminal ProcedureUndue PrejudiceDiscovery OrdersHonest Services FraudFiduciary Duty
References
30
Case No. ADJ7096356
Regular
Jul 07, 2017

DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied David Marquez's petition for reconsideration of an order approving a compromise and release settlement. Marquez sought to set aside the settlement, alleging mutual mistake regarding the resolution of Section 5710 fees and a Civil Code Section 1542 release. The Board found no evidence of good cause for rescission based on mutual mistake, affirming the WCJ's report. However, the Board noted a separate petition to set aside the addendum and remanded it for a hearing to allow Marquez to present evidence.

Compromise and ReleasePetition for ReconsiderationMutual Mistake of FactSection 1542 Civil CodeSection 5710 feesOrder ApprovingWCJ ReportGood CauseStipulationsAttorney's Fees
References
8
Case No. FRE 0176262
Regular
Jun 03, 2008

YOLANDA MARQUEZ vs. COMP USA, AIG CLAIMS SERVICES

The Appeals Board dismissed the applicant's petition for reconsideration because the prior decision it sought to review was an interim procedural order, not a final determination of substantive rights. This interim order deferred issues of permanent disability, apportionment, and attorney's fees, allowing for further development of the record. The Board found that clarification of the Agreed Medical Evaluator's opinion on apportionment was necessary in the interests of justice.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical Evaluator (AME)Interlocutory OrderFinal OrderAggrieved PartyBurden of Proof
References
8
Case No. GOL 0089200
Regular
Mar 21, 2008

YOLANDA MARQUEZ vs. COMP USA, AIG, AMERICAN INT'L CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 75% of the applicant's disability to non-industrial factors based on the Agreed Medical Examiner's (AME) opinion. The Board found that the AME's apportionment might have been based on the cause of the injury rather than the cause of the disability, which is an incorrect legal standard. Therefore, the Board deferred the issues of permanent disability, apportionment, and attorney's fees and returned the case to the trial level for further development of the record on apportionment.

Workers Compensation Appeals BoardYolanda MarquezCOMP USAAIGAmerican International Claims ServicesFindings and Awardindustrial injurypermanent disabilityapportionmentAgreed Medical Examiner (AME)
References
10
Case No. ADJ7219831
Regular
Aug 27, 2012

LORENA MARQUEZ vs. CARL'S JR.; TRAVELERS INSURANCE

This case involves a workers' compensation claim for a psychiatric injury sustained by Lorena Marquez while employed as a cashier at Carl's Jr. The applicant sought reconsideration of the denial of temporary disability benefits, arguing she was partially disabled and her resignation was not a voluntary choice. The defendant insurer sought reconsideration regarding their affirmative defense that the injury stemmed from lawful personnel actions, but failed to adequately present this argument. Both petitions for reconsideration were denied, upholding the original award of 23% permanent disability and future medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryTemporary DisabilityPermanent DisabilityPQMELabor Code Section 3208.3(h)Affirmative DefensePersonnel ActionDeemed Denied
References
1
Case No. ADJ2475098
Regular
Oct 19, 2011

YOLANDA SPANDRI vs. LAUSD, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration filed by Yolanda Spandri. The Workers' Compensation Appeals Board (WCAB) has dismissed her petition. The dismissal is based on both untimeliness and, alternatively, would have been denied on the merits according to the WCJ's report. Therefore, the Petition for Reconsideration is formally dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and Recommendationuntimely petitiondismissal ordermerits denialadministrative law judgeLAUSDSedgwick Claims Management ServicesADJ2475098
References
0
Case No. ADJ 3006646 (GOL 0101478) ADJ 4273750 (GOL 0101479)
Regular
Dec 23, 2010

YOLANDA ROMO RODRIGUEZ vs. COUNTY OF SANTA BARBARA

Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.

Labor Code section 132aDiscrimination9/80 work scheduleBusiness necessityReconsiderationPenaltiesFinding of FactIndustrial injuryLauher standardEligibility worker
References
2
Case No. ADJ590815 (RIV 0081064) ADJ6520585
Regular
Feb 22, 2012

CARMEN MARQUEZ vs. RYLAND HOMES, AIG CLAIMS SERVICES

This Workers' Compensation Appeals Board order denies a Petition for Removal in the case of *Marquez v. Ryland Homes, AIG Claims Services*. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is DENIED.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalRyland HomesAIG Claims ServicesADJ590815RIV 0081064Frank M. BrassNeil P. Sullivan
References
0
Case No. ADJ8817767
Regular
Mar 03, 2016

YOLANDA JONES vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a petition for removal filed by the applicant, Yolanda Jones, against the Department of Motor Vehicles and State Compensation Insurance Fund. The applicant's attorney, Ratto Law Firm, subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8817767Department of Motor VehiclesState Compensation Insurance FundMarguerite SweeneyRatto Law Firm
References
0
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