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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

Pfeiffer v. Rand (In Re Rand)

Katherine Pfeiffer, an unemployed office worker acting pro se, objected to the discharge of Jonathan Rand and the dischargeability of her claim against him. Rand moved to dismiss her complaint, citing improper service and failure to state a claim. The court found Pfeiffer's January 3rd letter constituted a timely complaint, but her subsequent service of only a summons was improper. However, acknowledging Pfeiffer's pro se status and efforts to correct the error, the court denied Rand's motion to dismiss for improper service, instead quashing the service and directing Pfeiffer to re-serve once an amended complaint is filed. The court granted Rand's motion to dismiss Pfeiffer's objection to discharge under 11 U.S.C. § 727 due to a lack of pleaded facts, without leave to replead. Conversely, the court conditionally denied the motion to dismiss Pfeiffer's claim under 11 U.S.C. § 523, granting her leave to replead with particularity, and also denied Rand's request for sanctions.

BankruptcyDischargeabilityMotion to DismissAdversary ProceedingPro Se LitigantRule 7004Rule 4(j)Rule 727Rule 523Fraudulent Intent
References
38
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. ADJ2373766 (AHM 0114662)
Regular
Mar 10, 2009

DENNIS HAWKINS vs. WERNER ENTERPRISES; ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (Board) granted reconsideration on its own motion after a lien claimant's petition was untimely considered. The Board found that the initial dismissal of the lien claimant's lien was improper as the Administrative Law Judge (ALJ) did not consider the lien claimant's timely objection. While the lien claimant's petition for reconsideration was dismissed as it sought review of a non-final order, the Board amended the ALJ's dismissal order. The matter was returned to the ALJ for further proceedings on the lien claimant's objection.

Lien ClaimantPetition for ReconsiderationNotice of Intent to DisallowWCJ Order Dismissing LienCompromise and ReleaseIndustrial InjuryDue ProcessStatutory Time PeriodBoard Motion ReconsiderationInterlocutory Order
References
5
Case No. ADJ9058932
Regular
Jul 28, 2014

DIANA OCHOA vs. COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC SOCIAL SERVICES, SEDGWICK CMS

The Appeals Board dismissed the defendant's Petition for Removal, finding it was an improper remedy for contesting a final order to pay a deposition fee. Treating the petition as one for reconsideration of the WCJ's order to pay $1,300 in deposition fees, the Board also dismissed it as untimely filed. The defendant's objection was overruled via WCJ correspondence on April 22, 2014, making the petition for reconsideration due by May 19, 2014, but it was filed on May 27, 2014. The Board would have denied reconsideration on the merits due to the WCJ's reasoning, had it been timely.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLabor Code section 5710Deposition FeeWCJDue ProcessFinal OrderTimely FiledEvidentiary Hearing
References
4
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. ADJ7447894, ADJ2955721 (GRO 0029571), ADJ3762879 (GRO 0029570)
Regular
Oct 29, 2015

Glenn Kendall vs. San Luis Personnel, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed a petition for reconsideration by lien claimants Dr. Moelleken and Carrillo Surgery Center. Initially, the administrative law judge dismissed their liens, but then vacated that dismissal after the lien claimants objected. As the original order was set aside, the petition for reconsideration became moot, leading to its dismissal by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsAdministrative Law Judge (WCJ)Notice of Intention to Dismiss LiensVacated OrderLien ConferenceMoot PetitionDismissalSan Luis Personnel
References
0
Case No. SFO 457386
Regular
Mar 14, 2008

ALEJO GONZALES vs. SEE'S CANDIES, LUMBERMEN'S MUTUAL CASUALTY COMPANY, BROADSPIRE

A lien claimant's objection to a dismissal order, despite an incorrect case number, was deemed timely filed by the Workers' Compensation Appeals Board. The Board rescinded its prior dismissal order, finding it null and void due to the timely objection. The case is now returned to the trial level for a merits-based adjudication of the lien claimant's claim.

Workers' Compensation Appeals BoardLien ClaimantObjectionPetition for ReconsiderationOrder of DismissalTimelinessClerical ErrorIndustrial InjuryShipping SupervisorRight Lower Extremity
References
0
Case No. ADJ4045249 (LBO 0349635)
Regular
Jul 29, 2013

PATRICK RUSSELL vs. CITY OF LONG BEACH

This case involves a Petition for Reconsideration filed by lien claimant Dr. Samer Alaiti regarding the dismissal of Miracle Mile Medical Center's (MMMC) lien. The Workers' Compensation Appeals Board (WCAB) dismissed Dr. Alaiti's petition because he was not "aggrieved" by the dismissal of MMMC's lien, as his own lien had been settled. Dr. Alaiti's representative admitted a calendar error for his own absence, but there was no indication this representative, or any other, was appearing for MMMC. The WCAB upheld the dismissal of MMMC's lien due to their failure to appear and object to the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantMiracle Mile Medical CenterSamer Alaiti M.D.MJR Management ServicesWCJHearing RepresentativeStipulation and Order
References
3
Case No. ADJ9383316, ADJ9300387, ADJ10335273, ADJ10335276, ADJ10335278
Regular
Oct 28, 2020

TERESA SOTO vs. SANTA CLARA SUPERIOR COURT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves a Petition for Removal filed by the applicant, Teresa Soto, after the Workers' Compensation Administrative Law Judge (WCJ) vacated submission and intended to reopen the record. The applicant objected to the WCJ's proposed actions and filed the Petition for Removal. The Appeals Board dismissed the Petition for Removal because the applicant's objection led to a new hearing date being set. Had the petition not been dismissed on procedural grounds, it would have been denied on the merits.

Petition for RemovalWCJOrder Vacating SubmissionNotice of Intent to Develop the RecordTyler decisionIndependent Medical Examiner (IME)Applicant's ObjectionAggrieved PartyWorkers' Compensation Appeals BoardSubsequent Injuries Benefits Trust Fund
References
0
Case No. ADJ399293 (AHM 0126172)
Regular
Mar 06, 2014

CINDY PIERCE PALMER vs. CANINE CAROUSEL, STATE FARM FIRE & CASUALTY

The Appeals Board dismissed the applicant's Petition for Removal as moot because she attended the scheduled medical evaluation despite her objections. Applicant argued the evaluation was improper due to alleged procedural defects, but the Board found her petition untimely and her claims unsubstantiated by current law. Furthermore, the injury predated a relevant statutory amendment, making the applicant's procedural objections inapplicable. Therefore, the petition seeking to rescind the order compelling attendance was dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMedical ExaminationQualified Medical EvaluatorQMELabor Code Section 4062.3Labor Code Section 4062.2Agreed Medical EvaluatorIndustrial Injury
References
0
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