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

Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. MISSING
Regular Panel Decision

Claim of Fabiano v. Sears

This document concerns an appeal from a Workers’ Compensation Board decision, filed on June 27, 2005, which had awarded the claimant compensation for a period from December 28, 2001, to April 25, 2003. After the employer perfected this appeal, the Board subsequently filed an amended decision. This amended decision effectively rescinded its prior determination regarding the resumption of awards and returned the case to the trial calendar. The purpose of returning the case was to determine compensation awards subsequent to the claimant’s retirement. Consequently, the original appeal has been rendered moot by the Board's amended determination. Therefore, the appeal is dismissed without costs.

Workers' Compensation AppealAppeal DismissedMootness DoctrineAmended Board DecisionCompensation AwardsTrial Calendar RemandRescinded DeterminationAppellate Court RulingJudicial PrecedentProcedural Dismissal
References
2
Case No. MISSING
Regular Panel Decision

FLOTO v. Manhattan Woods Golf Enterprises, LLC

Plaintiff was fired from Manhattan Woods Golf Club after taking a day off for his dying mother's emergency brain surgery. He sued for FMLA violation and breach of contract. A jury awarded him damages for both claims. Defendants subsequently moved for judgment as a matter of law, arguing the plaintiff failed to adduce evidence that he qualified for FMLA leave. The court granted the defendants' motion regarding the FMLA claim (Count I), finding insufficient evidence that the plaintiff was 'needed to care for' his mother as per FMLA regulations, and dismissed the claim. The motion for reduction of FMLA damages became moot. However, the court denied the defendants' motion for judgment as a matter of law on the breach of contract claim (Count II), upholding the jury's finding that the employer lacked 'reasonable cause' to terminate the plaintiff's employment.

FMLABreach of ContractJudgment as a Matter of LawEmployment LawEmployee TerminationFamily and Medical LeavePsychological CareDamagesPost-trial MotionsRule 50
References
8
Case No. MISSING
Regular Panel Decision

Claim of Weygant v. Walter Kroll, Inc.

The case involves an appeal stemming from a Workers' Compensation Board decision, which affirmed a Workers' Compensation Law Judge's order for medical witness depositions. However, the Workers' Compensation Board later rescinded its own panel decision that was under appeal, thus rendering the ongoing appeal moot. The court found no applicable exception to the mootness doctrine, citing established precedent like *Matter of Hearst Corp. v Clyne*. Consequently, the appeal was dismissed without costs due to its moot status.

Workers' Compensation LawAppeal dismissalMootness doctrineMedical witness depositionsBoard panel decision rescissionJudicial discretionProcedural issueAppellate procedureLegal precedent
References
2
Case No. MISSING
Regular Panel Decision

Campbell v. Motors Liquidation Co.

This case involves an appeal from a Bankruptcy Court's Sale Order concerning General Motors Corporation (GM) and its affiliates. Five products liability claimants ("Campbell Appellants") appealed provisions allowing the sale of GM's assets "free and clear" of their existing products liability claims and enjoining successor liability claims against the purchaser, New GM. The District Court, presided over by Judge Naomi Reice Buchwald, denied the appeal as moot. The court found that the appeal was statutorily moot under Section 363(m) of the Bankruptcy Code because the Sale Order was not stayed, and the transaction had closed. Furthermore, the court determined the appeal was equitably moot, as the appellants failed to diligently pursue a stay and the requested relief would inequitably unravel a substantially consummated and intricately negotiated transaction.

BankruptcyMootnessSection 363(m)Asset SaleSuccessor LiabilityProducts Liability ClaimsGood Faith PurchaserAppellate JurisdictionChapter 11Equitable Mootness
References
43
Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
Case No. ADJ5781835
Regular
Jan 09, 2012

DEVISE GLASER vs. INDY MAC BANK, GALLAGHER BASSETT SERVICES

The Applicant sought removal to prevent a trial, arguing they needed further medical treatment. However, the trial that was the subject of the removal petition was subsequently taken off calendar by the judge. Therefore, the Applicant's petition for removal became moot. The Appeals Board dismissed the petition as moot.

Petition for RemovalMoot PetitionWCABWorkers' Compensation Appeals BoardContinued TrialMedical TreatmentSurgeryOff CalendarAdministrative Law JudgeDismissal
References
0
Case No. ADJ9925256
Regular
May 04, 2016

JOSE BARRIOS vs. JTS MODULAR, CALIFORNIA CONTRACTOR'S NETWORK, administered by AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed the Defendant's Petition for Removal as moot. The petition sought to challenge an order setting a trial date. However, the parties subsequently agreed to take the case off calendar to conduct further discovery via an Agreed Medical Evaluator. This mutual agreement rendered the defendant's petition unnecessary and thus moot.

Petition for RemovalMootAgreed Medical EvaluatorOff CalendarDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJTrialVan Nuys District Office
References
0
Case No. ADJ8826985
Regular
Mar 07, 2016

JOSE VAZQUEZ ROSAS vs. GRIFFITH COMPANY, OLD REPUBLIC CONSTRUCTION PROGRAM GROUP

Defendant Griffith Company petitioned for removal, arguing the WCAB lacked jurisdiction to consider a permanent disability increase because applicant failed to seek reconsideration of a prior award. The Board found the petition moot. This is because the parties reached a full settlement via Compromise and Release, which was approved by the WCJ after the removal petition was filed. Therefore, the Board dismissed the petition as moot.

Petition for RemovalMandatory Settlement ConferencePermanent Disability IndemnityFindings and AwardReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseMoot PetitionWCJ OrderAppeals Board Jurisdiction
References
0
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