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

Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
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. ADJ3035736 (ANA 0360536) ADJ4288655 (ANA 0359734)
Regular
Aug 22, 2011

HUGO GARCIA-FLORES vs. MISOPE USA, INC., REDLANDS INSURANCE AND ACCEPTANCE INDEMNITY COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order that reinstated a prior rescission without addressing the defendant's due process objections. The defendant argued the WCJ erred by proceeding to trial without their attorney and failing to rule on their objection concerning service of evidence and sufficiency of medical reports. The Appeals Board granted reconsideration, finding the threshold issue of injury had not been clearly established and the defendant's objection was not addressed. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including findings on injury and the defendant's objection.

Petition for ReconsiderationRule 10843Rule 10859Due ProcessObjection to Submission of MatterAgreed Medical ExaminerDates of InjuryElectric WheelchairMandatory Settlement ConferencePretrial Conference Statement
References
0
Case No. ADJ4356391
Regular
Jun 03, 2016

YUNG LIN TSAO vs. FLETCHER JONES MOTOR CARS, ZURICH INSURANCE

This case concerns a lien claimant, Optimal Health Institute, whose lien was dismissed for failing to appear at a trial and object to a Notice of Intention to Dismiss (NIT). Optimal sought reconsideration, claiming they *did* file a timely objection with an incorrect case number and a representative attempted to appear at the trial. The Board granted reconsideration, finding the objection was timely and the circumstances surrounding the attempted appearance and compliance with representation rules were unclear. The matter was returned to the trial level for further proceedings due to insufficient findings from the WCJ.

WCABLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissExcusable NeglectInadvertenceIncorrect ADJ NumberLien TrialWCAB Rule 10774.5
References
5
Case No. ADJ11213816
Regular
Dec 02, 2019

KIM MAILANGKAY vs. PATTON STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, the applicant's petition for reconsideration was denied. The Board adopted the WCJ's reasoning, which found that the applicant failed to present objective evidence to support her psychiatric injury claim, as required by Labor Code section 3208.3 and the holding in *Verga v. Workers' Comp. Appeals Bd*. The Board also gave significant weight to the WCJ's credibility determinations, noting the opportunity to observe witnesses' demeanor and finding no evidence to overturn those findings. Therefore, the petition for reconsideration was denied based on the lack of substantiated objective evidence and the WCJ's credible findings.

Workers' Compensation Appeals BoardPatton State HospitalState Compensation Insurance FundPetition for Reconsideration DeniedPsychiatric InjuryActual Events of EmploymentObjective EvidenceHarassmentPersecutionVerga v. Workers' Comp. Appeals Bd.
References
2
Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. MISSING
Regular Panel Decision

In Re Saint Vincent's Catholic Medical Centers

St. Vincents Catholic Medical Centers of New York, a Chapter 11 debtor, objected to a $48.75 million claim filed by the New York State Department of Labor under the N.Y. WARN Act. The core issue was whether the bankruptcy court or an administrative proceeding by the Department of Labor was the appropriate forum to liquidate this claim. The Department of Labor argued for its administrative proceeding, citing the 'police powers' exception to the automatic stay, and also requested a determination by the Commissioner on certain issues. The Debtors contended the bankruptcy court had jurisdiction due to the proof of claim being filed. The court found it had core jurisdiction to determine the allowance and amount of the claim, declining to defer to another forum, especially given multiple related WARN claims. The court also denied the Debtors' request for an injunction, stating it was not properly brought as an adversary proceeding.

BankruptcyChapter 11WARN ActJurisdictionClaim LiquidationAutomatic StayPolice Powers ExceptionInjunctionCore ProceedingProof of Claim
References
13
Case No. 12-CV-656(LJV)(LGF)
Regular Panel Decision

Davis v. 2191 Niagara St., LLC

This case addresses the defendants' objections to a Magistrate Judge's Report and Recommendation and an appeal of his Decision and Order, arising from a Fair Labor Standards Act claim. The central issue is whether New York Labor Law § 196-d, which prohibits employers from retaining gratuities or purported gratuities, is preempted by the Internal Revenue Code (IRC) or the FLSA. The District Court affirmed the Magistrate Judge's findings, concluding that compliance with both federal and state law is possible, particularly by providing a required disclosure to customers. The court found no impossibility or obstacle preemption. Consequently, the defendants' motion for judgment on the pleadings was denied, and the case was recommitted for further proceedings.

Fair Labor Standards ActNew York Labor LawGratuities RetentionService Charges DistributionFederal PreemptionSupremacy ClauseInternal Revenue Code ComplianceMagistrate Judge ReviewMotion for Judgment on PleadingsStatutory Interpretation
References
22
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
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