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

Case No. MISSING
Regular Panel Decision

Massachusetts Mutual Life Insurance v. Avon Associates, Inc.

This case addresses a motion by defendants mortgagors to vacate an ex parte order appointing a receiver during a mortgage foreclosure action. Defendants asserted that the lack of notice for the receiver's appointment violated CPLR 6401 and their Federal constitutional due process rights, citing Fuentes v Shevin. The court found that New York's Real Property Actions and Proceedings Law § 1325 (subd 1) permits ex parte receiver appointments when the mortgage contract explicitly waives notice. Furthermore, the court distinguished the present case from Fuentes, concluding that the sophisticated business operators involved had knowingly and voluntarily waived their right to notice, akin to the circumstances in Overmyer Co. v Frick Co. Based on these findings, the court affirmed the validity of the ex parte order and denied the defendants' motion to vacate the appointment of the receiver.

Mortgage ForeclosureReceiver AppointmentEx Parte OrderDue ProcessWaiver of NoticeContractual WaiverCPLRReal Property Actions and Proceedings LawConstitutional LawBusiness Disputes
References
9
Case No. MISSING
Regular Panel Decision

In re the Claim of Sweet

A claimant, formerly a sewage treatment worker for a municipality, left his job and moved to Hawaii after receiving a conditional job offer at a tropical fish farm and his girlfriend's relocation there. Upon arrival, he discovered the position was no longer available. The Unemployment Insurance Appeal Board subsequently ruled that the claimant was disqualified from receiving unemployment insurance benefits, determining he had voluntarily left his employment without good cause. The appellate court affirmed the Board's decision, finding substantial evidence that the claimant failed to verify the job offer before moving and had primarily relocated for personal reasons without definite employment.

Unemployment benefitsVoluntary quitGood cause for leavingJob availabilityRelocation for personal reasonsDisqualification for benefitsAppellate reviewSubstantial evidenceMunicipality employmentHawaii job offer
References
0
Case No. MISSING
Regular Panel Decision

321 Henderson Receivables, L.P. v. Martinez

The case concerns a petition by 321 Henderson Receivables to purchase structured settlement payments from Pedro Martinez, Jr. under the Structured Settlement Protection Act (SSPA). Justice Alice Schlesinger examined whether the proposed transfer met the statutory requirements of being in the "best interest" of the payee and "fair and reasonable." The court found the transaction unreasonable, noting a significant discount rate (55.70% of current value) and a 16.39% interest rate. Additionally, Mr. Martinez, a 21-year-old with no income or assets, lacked a concrete and viable plan for the funds, indicating the transfer was not in his best interest. Consequently, the court denied the petition and dismissed the proceeding, emphasizing the SSPA's role in protecting vulnerable payees.

Structured Settlement Protection ActStructured Settlement TransferFactoring CompanyPayee ProtectionBest Interest StandardGeneral Obligations LawDiscount RateFinancial HardshipJudicial ReviewDenial of Petition
References
10
Case No. ADJ2714448, ADJ778707
Regular
Apr 09, 2013

ZELIE MEDINA vs. ADVANCED RECEIVABLE STRATEGY, ST. PAUL TRAVELERS

This is an order granting reconsideration for both the applicant and defendant in the case of Zelie Medina vs. Advanced Receivable Strategy and St. Paul Travelers. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. All future correspondence must now be filed in writing with the WCAB Commissioners' office in San Francisco, not district offices or e-filed.

Workers' Compensation Appeals BoardReconsideration GrantedPetitions for ReconsiderationFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersSan FranciscoElectronic Adjudication Management SystemFresno District Office
References
0
Case No. ADJ3953602 (SRO 0260827) ADJ2646453 (SRO 0133845)
Regular
Nov 14, 2012

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of an award finding the applicant totally permanently disabled due to industrial injuries sustained in 2004. The WCJ found the combined injuries greater than 70% and the second injury itself greater than 35%, entitling the applicant to SIBTF benefits. SIBTF argues the applicant's disability is solely due to the subsequent injury, thus disqualifying them from SIBTF benefits. The Appeals Board granted reconsideration to review the admissibility of two vocational reports and deposition transcripts, Exhibits M and N, which were previously marked for identification only. The Board intends to receive these documents into evidence unless timely objections are filed.

SIBTFPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryVocational Rehabilitation EvaluationDiminished Future Earning CapacityDeposition TranscriptExhibits M and NWCJ Report
References
0
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. MISSING
Regular Panel Decision

In re the Claim of Warnock

The claimant was terminated after an altercation with a co-worker, but eyewitnesses testified that no threats or physical contact occurred, and the co-worker was the one who became angry. The Unemployment Insurance Appeal Board ruled that the claimant was entitled to receive unemployment insurance benefits, finding that the actions did not constitute misconduct. The appellate court affirmed this decision, holding that the Board's conclusion was supported by substantial evidence and that displaying bad judgment does not automatically disqualify a claimant from benefits.

Unemployment benefitsMisconductSubstantial evidenceAltercationCo-worker disputeAppellate reviewAppeal Board decisionEmployee terminationBad judgmentNo physical contact
References
2
Case No. MISSING
Regular Panel Decision

In re the Claim of Cale

Claimant, a Canadian national, worked as a social worker at New York University Medical Center under a TN visa. After her inpatient position was eliminated, she applied for partial unemployment insurance benefits. The Unemployment Insurance Appeal Board ruled that she was ineligible to receive them because she was not available for employment. The court affirmed this decision, noting that a non-United States citizen must have valid work authorization from the Immigration and Naturalization Service. Her TN visa restricted her to working for a specific employer, NYUMC, and she was not authorized to seek employment elsewhere, thereby rendering her unavailable for work and ineligible for benefits.

Unemployment InsuranceVisa RestrictionsWork AuthorizationImmigration StatusTN VisaEligibility for BenefitsAvailability for EmploymentAppellate DecisionNew York LawSocial Worker
References
3
Case No. MISSING
Regular Panel Decision

In re the Claim of Dunford

Claimant, a legal secretary, left her job after four days, citing asthma aggravated by co-workers' cigarette smoke, a reason not initially mentioned in her resignation letter. She applied for unemployment benefits and was initially deemed eligible, receiving $1,476. The employer protested, leading to a local office review that reversed the decision, declaring her ineligible and demanding repayment. This decision was affirmed by an administrative law judge and the Unemployment Insurance Appeal Board. Claimant appealed, arguing that the Commissioner of Labor lacked authority to review the initial determination under Labor Law § 597 (3) due to a lack of "new or corrected information." The court affirmed the Board's decision, liberally construing "new or corrected information" to include an "amplification of prior information" and finding no substantial prejudice to the claimant.

unemployment insuranceeligibilityrecoverable overpaymentLabor Law § 597administrative reviewstatutory interpretationcredibilityasthma conditionlegal secretary
References
2
Case No. MISSING
Regular Panel Decision
Feb 27, 1964

Beirne v. Habel

The court considered two orders. An order entered on February 14, 1964, was unanimously affirmed without costs. Another order entered on February 27, 1964, which denied a motion to vacate a prior order appointing a receiver, was unanimously modified. The modification was made on legal and factual grounds, and in the exercise of discretion, to terminate the receivership upon the plaintiffs-appellants paying the receiver $100 plus actual expenses, including bond premium. The initial appointment of the receiver was deemed justified due to the parties' agreement in open court. However, the litigation settled and was discontinued within a week of the appointment, and the receiver reportedly did not take possession, receive funds, or perform significant services beyond qualifying.

receivershipmotion to vacatesettlementdiscontinuanceappellate decisionjudicial discretioncourt ordersexpensesbond premiumagreement in court
References
0
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