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

Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
0
Case No. MISSING
Regular Panel Decision
Jun 19, 2006

Matter of Zaim R.

Zaim R., a minor, filed a motion in Family Court, Orange County, seeking a finding of eligibility for long-term foster care due to abuse, neglect, and/or abandonment to obtain special immigrant juvenile status (SIJS). Zaim, represented by counsel, entered the U.S. illegally and resides with his great uncle, who was previously appointed his guardian. The court, presided over by Judge Carol S. Klein, declined jurisdiction, finding that it lacked authority to intervene in federal immigration proceedings, especially since removal proceedings commenced before the guardianship was established. The court emphasized its limited jurisdiction, citing similar cases, and dismissed the application, noting that the relief sought was outside its scope and that SIJS findings should be made by the immigration court.

Immigration LawSpecial Immigrant Juvenile StatusFamily Court JurisdictionFederal PreemptionGuardianship ProceedingsChild WelfareUnaccompanied MinorsDeportationLong-term Foster Care EligibilityJudicial Authority
References
7
Case No. MISSING
Regular Panel Decision

In re the Appointment of a Guardian of the Personal Needs & Financial Affairs of G.W.

Alan G.W. suffered a traumatic brain injury in 1992, leading to Marlene W. being appointed as his guardian in 1995. Due to her diminished capacity, Marlene W., through her daughter Carol A.R. acting under a power of attorney, petitioned for her own discharge as guardian and for Carol A.R.'s appointment as successor guardian. The court examined whether Carol A.R. could use the power of attorney for this purpose and affirmed its validity under General Obligations Law § 5-1502G (2). Noting Marlene's inability to continue and Carol's willingness and ability, the court granted the petition. Marlene W. was discharged as guardian, and Carol A.R. was appointed as the successor guardian for Alan G.W.

GuardianshipMental Hygiene LawPower of AttorneyFiduciary DutySuccessor GuardianDischarge of GuardianCourt EvaluatorEstate TransactionsIncompetent PersonCapacity
References
7
Case No. MISSING
Regular Panel Decision
Oct 25, 2010

Viti v. Guardian Life Insurance Co. of America

Joseph Viti, suffering from post-traumatic stress due to 9/11, sued The Guardian Life Insurance Company of America under ERISA after his disability benefits claim was denied. Guardian denied the claim and Viti failed to appeal within the six-month administrative period. Viti also applied for and received Social Security disability benefits. The court granted Guardian's motion to dismiss the Third and Fourth Causes of Action, which concerned failure to provide documentation, concluding Guardian was not the proper defendant for those claims. The court denied without prejudice both parties' motions regarding the First and Second Causes of Action, which focused on the timeliness of Viti's lawsuit and the applicability of equitable tolling to contractual limitation periods, referring this matter to Magistrate Judge Dolinger for a hearing on equitable tolling.

ERISADisability BenefitsEquitable TollingStatute of LimitationsMental ImpairmentAdministrative RemediesContractual LimitationsSummary JudgmentMotion to DismissFiduciary Duty
References
41
Case No. SAC 0191116 SAC 0191126
Regular
Feb 19, 2008

WILLIAM VILLEMAIRE, Deceased, ROBERTA VILLAMAIRE, Widow, Individually and as Guardian ad Litem and Trustee for TIFFANY A. VILLAMAIRE (minor), WILLIAM A. VILLAMAIRE and TRACY A. VILLAMAIRE vs. CAMPBELL SOUP COMPANY; TRAVELERS INSURANCE COMPANY, et. al.

The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.

Workers' Compensation Appeals BoardDeceased EmployeeSurviving WidowGuardian ad LitemTrusteeSurvivor BenefitsCampbell Soup CompanyTravelers Insurance CompanyOpinion and Decision After ReconsiderationAverage Weekly Earnings
References
3
Case No. ADJ8503725
Regular
Jan 09, 2017

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

CALPERSSpecial Death BenefitLabor Code section 4707Labor Code section 4704good causeminor dependentdeath benefitGuardian ad Litemindustrial injuryWCJ discretion
References
3
Case No. MISSING
Regular Panel Decision

Geddes v. Cessna Aircraft Co.

This Memorandum and Order addresses the proposed distribution of a $1,800,000.00 wrongful death settlement for the estate of Warren H. Geddes, who died in a plane crash. The plaintiffs, including the widow Leticia Geddes and three minor children, presented a distribution plan that substantially increased the widow's share compared to the 'In re Kaiser's Estate' formula. U.S. Magistrate Judge Chrein expressed concerns regarding this proposed allocation and the absence of a guardian ad litem to protect the minor children's interests. Acknowledging criticisms of the Kaiser formula, the court found insufficient justification for such a significant deviation in favor of the spouse. Consequently, the court ordered the appointment of a guardian ad litem due to the inherent conflict of interest and directed the plaintiffs to provide detailed documentation of expenditures made for the children's sole benefit.

Wrongful DeathSettlement DistributionGuardian Ad LitemInfant's InterestsPecuniary LossKaiser FormulaConflict of InterestAttorney FeesWorkers Compensation LienEstate Law
References
14
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. MISSING
Regular Panel Decision

In re the Adoption of J.

The case concerns an adoption proceeding initiated by a same-sex couple. The court addresses whether to appoint a guardian ad litem for the adoptive infant, a practice previously common in same-sex adoptions due to their novelty. Citing Matter of Dana, which affirmed the legality of same-sex and heterosexual unmarried couple adoptions, the court found no legal basis to treat same-sex adoptions differently from those by married couples, where a guardian ad litem is not automatically appointed if statutory requirements and social worker reports are favorable. The court concluded that denying equal treatment could violate federal and state equal protection clauses, deciding against appointing a guardian ad litem unless special circumstances are present.

AdoptionSame-sex coupleGuardian ad litemBest interest of childEqual protectionDomestic Relations LawStatutory interpretationCourt of AppealsSurrogate's CourtFamily Law
References
2
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