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

Case No. ADJ14244909

Regular

Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration

References

Case No. MISSING

Regular Panel Decision

Shau Chung Hu ex rel. Lowbet Realty Corp. v. Lowbet Realty Corp.

Petitioner Shau Chung Hu initiated a special proceeding to wind up Lowbet Realty Corp. and investigate the dissipation of its assets by respondent Margaret Liu. In the context of this larger proceeding, respondents Bay Shine Management Company and Ray Chen moved to dismiss the cross-claims for indemnification and contribution filed against them by respondent 973 44th Street Realty LLC. These cross-claims stemmed from petitioner's allegations that Liu's fraudulent conveyance of Lowbet's property to 973 44th Street was facilitated by Bay Shine and Chen. The court examined the legal principles of contribution and indemnification, particularly concerning whether 973 44th Street's potential liability for rescission or tort-based fraud allowed for such claims against the other respondents. Ultimately, the court denied the motion to dismiss, finding it premature to determine, as a matter of law, that 973 44th Street would not suffer actual out-of-pocket damages or face tort-based liability that could warrant contribution or indemnification.

Corporate DissolutionFraudulent ConveyanceIndemnificationContributionCross-ClaimsMotion to DismissBusiness Corporation LawCPLRRescissionFiduciary Duty Breach

References

Case No. SFO 474449

Regular

May 14, 2008

TEREASA HU vs. SALVATION ARMY, GALLAGIER BASSETT SERVICES, INC.

This case involves an applicant who suffered a stroke and psychiatric injury, allegedly due to her employment as a Salvation Army corps officer. The Appeals Board granted reconsideration to address contentions including insufficient evidence of industrial injury, bad faith, and constitutional violations. While upholding the finding of industrial injury, the Board amended the WCJ's decision to defer issues of temporary and permanent disability, apportionment, and attorney's fees, remanding the case for further proceedings.

Workers Compensation Appeals BoardSFO 474449industrial injurypsychevascular systemstroketemporary disabilitypermanent and stationarypermanent disabilityapportionment

References

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YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shau Chung Hu ex rel. Lowbet Realty Corp. v. Lowbet Realty Corp.

Corporate DissolutionFraudulent ConveyanceIndemnificationContributionCross-ClaimsMotion to DismissBusiness Corporation LawCPLRRescissionFiduciary Duty Breach

TEREASA HU vs. SALVATION ARMY, GALLAGIER BASSETT SERVICES, INC.

Workers Compensation Appeals BoardSFO 474449industrial injurypsychevascular systemstroketemporary disabilitypermanent and stationarypermanent disabilityapportionment