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Case Law Database

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

Case No. ADJ19198086
Regular
Aug 25, 2025

MILTON WINSTON vs. ORACLE AMERICA, INC.; SAFETY NATIONAL INSURANCE

The defendant, Oracle America, Inc. and Safety National Insurance, petitioned for reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) finding that applicant Milton Winston was employed for a sufficient period to qualify for psychiatric injury compensation under Labor Code section 3208.3(d). The defendant contended the WCJ erred by including pre-onboarding activities in the employment calculation and by relying on an employment stipulation. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition, asserting that employment includes unpaid pre-onboarding service and that the defendant failed to prove otherwise or show good cause to withdraw from the stipulation. Consequently, the Board affirmed that the applicant's claim was not barred by the six-month employment requirement.

Workers' Compensation Appeals BoardLabor Code Section 3208.3(d)psychiatric injurysix months employmentactual servicepre-onboardingonboarding processpaid workstipulationburden of proof
References
22
Case No. ADJ10110995 (MF)
Regular
Jun 20, 2019

Preston Lee Brown Scott vs. City of Los Angeles

Applicant Preston Lee Brown Scott, previously declared a vexatious litigant, filed multiple documents seeking relief without obtaining the required pre-filing approval. The Workers' Compensation Appeals Board reviewed these filings and found no significant change in circumstances justifying reconsideration of prior rulings. Consequently, the Board issued an order stating that the submitted documents are not accepted for filing. This order reaffirms the pre-filing requirements for vexatious litigants absent representation by a licensed attorney.

Vexatious LitigantPre-Filing OrderAppeals Board Rule 10782In Pro PerApplication for AdjudicationDeclaration of ReadinessPleadingsPetitionLicensed AttorneyChange in Circumstances
References
6
Case No. MISSING
Regular Panel Decision

Gayal Realty Corp. v. International Brotherhood of Electrical Workers, Local 25

The case involves plaintiffs Dans, a general contractor, and G-ayal, a property owner, who sought an injunction against defendant Local #25 I. B. E. W. to halt picketing at a construction site. The picketing, which commenced on August 5, 1963, alleged that electricians were not working under the union's standard wages and conditions, resulting in a significant work stoppage. The defendant moved for dismissal, citing deficiencies in the complaint, non-compliance with the Civil Practice Act, and federal pre-emption under the National Labor Relations Act (NLRA). The court determined that the dispute was "arguably subject" to the NLRB's jurisdiction, thereby pre-empting state judicial action, notwithstanding the plaintiffs' arguments that their businesses did not impact interstate commerce. Ultimately, the plaintiffs were granted permission to withdraw their motion and discontinue the action without prejudice, and the previously issued stay on picketing was vacated.

InjunctionLabor DisputeFederal PreemptionNLRB JurisdictionPicketingCivil Practice ActUnion ActivityInterstate CommerceWithdrawal of MotionMootness
References
6
Case No. ADJ6621190 (MF)
Regular
Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness
References
0
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. ADJ4599548 (MON 0212034), ADJ1776170 (MON 0224335)
Regular
Sep 17, 2012

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT, AIG, BROADSPIRE, a CRAWFORD COMPANY

Kristian Von Ritzhoff has been declared a vexatious litigant by the Workers' Compensation Appeals Board (WCAB) under California Code of Regulations, title 8, section 10782. This designation requires him to obtain prior approval from the Presiding Judge or the Appeals Board before filing any pleadings, unless represented by a licensed attorney. The WCAB reviewed a Petition for Reconsideration filed by Von Ritzhoff, dated September 10, 2012, and determined it was *not accepted* for filing. This ruling signifies the Board's adherence to the pre-filing order in managing the applicant's litigation activities.

Vexatious litigantPre-filing orderWCABWorkers' Compensation Appeals BoardPetition for ReconsiderationRemovalExtraordinary remedyDeputy CommissionerOgden EntertainmentBroadspire
References
3
Case No. MISSING
Regular Panel Decision

Pre' Catelan, Inc. v. International Federation of Workers

The plaintiff, a restaurant business operating an 'open shop' called Pre’ Catelan, sought an injunction against striking workers and their union. The strike, initiated without warning, involved picketing and alleged acts of violence, intimidation, and assault against employees and patrons, resulting in severe injuries to some workers. The defendants denied these charges, claiming peaceful picketing and attributing any disturbances to strangers, arguing the strike was due to the plaintiff's intention to destroy the union. The court, citing established principles regarding lawful picketing and the protection of workers' rights, found that the presented proof established aggravated assaults and threats. Consequently, the motion to continue the injunction pendente lite was granted.

StrikePicketingInjunctionLabor DisputeViolenceIntimidationAssaultThreatsOpen ShopClosed Shop
References
12
Case No. MISSING
Regular Panel Decision
Nov 03, 2010

Correa v. Orient-Express Hotels, Inc.

This is a wrongful death action where the plaintiffs allege that a decedent slipped and fell at premises owned by 21 Club, Inc., a company indirectly wholly-owned by the defendant. The defendant appealed the denial of their pre-answer motion to dismiss the complaint. The court affirmed the lower court's decision, rejecting the defendant's arguments based on documentary evidence and the exclusivity provisions of the Workers’ Compensation Law. The court clarified that the defendant's potential liability stems from ownership and/or control of the premises, not necessarily being an alter ego of 21 Club, Inc.

Wrongful DeathMotion to DismissCPLR 3211Corporate OwnershipAlter EgoPremises LiabilityWorkers' Compensation ExclusivityAppellate DivisionAffirmedProcedural Motion
References
4
Case No. MISSING
Regular Panel Decision

Claim of Milner v. Country Developers, Inc.

The Special Disability Fund appealed decisions by the Workmen’s Compensation Board which imposed liability on the Fund for a claimant's injuries. The Board found that the employer, Country Developers, continued to employ the claimant, a carpenter, with knowledge of his pre-existing permanent physical impairment, triggering liability under subdivision 8 of section 15 of the Workmen’s Compensation Law. The claimant suffered a fracture of the nose and a hip dislocation in 1964, having a history of three ruptured disc surgeries and other conditions. The appeal centered on whether the employer had sufficient knowledge of the claimant’s permanent condition. Testimony from the employer’s foreman, Mr. Pahlck, indicated awareness of the claimant's back issues, including wearing a back brace and being favored by co-workers. The court affirmed the Board’s decision, reiterating that employer knowledge is a question of fact for the Board, and its findings, if supported by substantial evidence, will not be disturbed.

Workers' Compensation LawSpecial Disability FundEmployer LiabilityPre-existing Permanent ImpairmentEmployer KnowledgeSubstantial EvidencePermanent Partial DisabilityFracture of NoseHip DislocationRuptured Discs
References
3
Case No. ADJ1122093 (SAC 0279029) ADJ988134 (SAC 0267349)
Regular
Nov 20, 2018

BOBBIE SANDERS vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

Applicant Bobbie Sanders, previously declared a vexatious litigant under Rule 10782, filed a Petition for Removal without court approval. Rule 10782 requires pre-filing authorization for pro se litigants, with exceptions for licensed attorneys. The Appeals Board denied the Petition for Removal because there was no significant change in circumstances or new evidence to warrant re-litigation of previously determined issues. Therefore, the document was not accepted for filing.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removalin pro perworkers' compensationEmployment Development DepartmentState Compensation Insurance FundADJ1122093ADJ988134
References
0
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