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

Case No. A.P. 195-1539-352
Regular Panel Decision

Shapiro v. Halberstram (In Re Halberstram)

This bankruptcy court decision addresses two motions: the Debtor-Defendant's motion to dismiss an 11 U.S.C. § 523 adversary proceeding and the Plaintiffs' motion for sanctions due to discovery non-compliance. The Debtor-Defendant sought dismissal based on procedural irregularities in the summons and complaint, including an incorrect case number, lack of required information, and an unsigned complaint. The court acknowledged the defects but ruled that the Debtor-Defendant's timely answer and active participation without objection constituted a waiver of the service issues. It also found that the deficiencies in the complaint were technical and not fatal, especially since the initial counsel was already sanctioned. Ultimately, both motions were denied, and the court urged the Plaintiffs to obtain new counsel and proceed with discovery to reach the merits of the dispute.

Bankruptcy LawAdversary ProceedingMotion to DismissSanctionsProcedural DefectsSummonsComplaintWaiver of ServicePersonal JurisdictionSubject Matter Jurisdiction
References
19
Case No. MISSING
Regular Panel Decision

Higgins v. NYP Holdings, Inc.

Plaintiff Aaron Higgins, a former employee of NYP Holdings, Inc., moved to amend his complaint, which alleged racial and religious discrimination, retaliation, and FMLA violations. Defendant NYP cross-moved for sanctions. The Court denied most of Higgins's proposed amendments, citing the election of remedies doctrine for state and city human rights law claims, and finding that religious discrimination claims and most FMLA claims lacked sufficient pleading or were untimely. However, the Court granted leave to amend one FMLA retaliation claim related to leave taken for his daughter's hospitalization. The defendant's cross-motion for sanctions against plaintiff's counsel was denied, as the Court found the arguments, though largely unsuccessful, to be colorable.

Employment DiscriminationRacial DiscriminationReligious DiscriminationRetaliationFMLATitle VIINYSHRLNYCHRLMotion to AmendSanctions
References
54
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision

State Farm Mutual Automobile Insurance Co. v. Pender

This case involves a subrogation action initiated by an unnamed plaintiff (subrogee) to recover $15,200 in additional personal injury protection (APIP) benefits paid to its subrogor, Darci Plumbing Co., Inc., for an employee, Kareem Atkins. The defendants moved to dismiss the complaint based on documentary evidence, collateral estoppel, and res judicata, arguing that a prior Workers’ Compensation Board decision from November 24, 2008, which awarded Atkins basic economic loss benefits, was determinative. The plaintiff cross-moved for sanctions. The court found that APIP benefits, defined by 11 NYCRR 65-1.3, are distinct from statutory basic economic loss benefits and that an insured's subrogation rights for APIP are equitable, existing under common law. Therefore, the workers' compensation award was not res judicata, and the plaintiff was not precluded from asserting its subrogation rights for amounts paid in addition to the statutory basic economic loss. Consequently, the defendants' motion to dismiss was denied, and the plaintiff's cross-motion for sanctions was also denied.

SubrogationAPIP BenefitsPersonal Injury ProtectionWorkers' CompensationCollateral EstoppelRes JudicataMotion to DismissSanctionsNo-Fault LawInsurance Law
References
1
Case No. ADJ7199989 ADJ7118722
Regular
Jan 09, 2012

JUAN CERVANTES vs. WESTERN MEDICAL CENTER, HARTFORD

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the judge's finding that the applicant did not sustain work-related injuries and that a specific medical report was admissible. The Board also granted removal on its own motion to issue a Notice of Intention to sanction the applicant's attorney. This sanction is for violating Appeals Board Rule 10842 by attaching approximately 60 redundant pages of previously filed documents to the petition, causing unnecessary delay. The attorney faces a $250.00 sanction for this violation.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrderAdmissible Medical ReportCourse of EmploymentPetition for ReconsiderationReport and RecommendationCredibilityGarza v. Workers' Comp. Appeals Bd.Removal
References
1
Case No. ADJ8721136
Regular
Dec 07, 2015

LILITH TEITELBAUM vs. KAISER FOUNDATION HOSPITAL; Permissibly Self-Insured, Administered By Sedgwick CMS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that no order precluded the defendant from deposing the qualified medical evaluator. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the applicant's attorney and his firm. This action stems from the attorney's verified petition containing misrepresentations of fact and intemperate language, violating WCAB rules on sanctions for frivolous or delaying tactics. Ultimately, the Board found the applicant's attorney's conduct warranted sanctions due to false statements and unprofessional conduct in pursuing reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)SanctionsLabor Code § 5813Bad Faith ActionsFrivolous TacticsMisrepresentation of FactsIntemperate LanguageWCAB Rule 10561(b)
References
0
Case No. ADJ6711975
Regular
Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to vacate an order dismissing their lien for failure to pay an activation fee. The petition was untimely, filed 59 days after the order was served. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions due to the petition's untimeliness and multiple misrepresentations of fact. The Board is considering imposing a $500 sanction against the lien claimant's representative.

Lien ClaimantPetition to Vacate OrderLien Activation FeeLabor Code section 4903.06Untimely PetitionRemoval on Own MotionNotice of Intention to Impose SanctionsLabor Code section 5813Misrepresented Material FactsWCAB Rule 10842(a)
References
0
Case No. ADJ3362266 (LAO 0805454)
Regular
Oct 29, 2010

ROBERTO PINEDA vs. CIRCUIT CITY, CIRCUIT CITY SELFINSURED SECURITY FUND

The WCAB dismissed Shandler & Associates' petition for reconsideration because it was filed against an interlocutory order (Notice of Intent to Dismiss Liens), not a final order. Even if treated as a removal petition, it was denied due to a lack of demonstrated significant prejudice or irreparable harm. The Board, however, removed the case on its own motion to consider sanctions against Shandler & Associates for filing a frivolous petition. Sanctions of $250.00 are proposed for bad-faith litigation tactics, payable to the General Fund.

Notice of Intent to Dismiss LiensPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Interlocutory Procedural OrdersSignificant PrejudiceIrreparable HarmBad-Faith ActionsFrivolous Petition
References
12
Case No. ADJ7181189
Regular
Feb 21, 2014

MERVATTE ZAIT vs. ST. MARY INVESTMENTS, INC., dba IDEAL HOME CARE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the lien claimants' petition as it was improperly filed from a non-final letter, not an order. The Board granted removal on its own motion to address sanctions. The lien claimants' representatives, Qualified Billing and Collections, LLC and Diego S. Plasencia, were sanctioned $1,000 jointly and severally for filing a frivolous petition and causing a waste of judicial resources.

Workers Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationSanctionsFrivolous PetitionNotice of Intention to Impose SanctionsObjectionGood CauseLabor Code Section 5813WCAB Rule 10561
References
0
Case No. ADJ1514704 (ANA 0401964)
Regular
Jan 08, 2015

SALVADOR PADILLA vs. CDK PLUMBING, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Appeals Board dismissed the lien claimant's Petition for Reconsideration because it was skeletal, lacked specificity, and failed to cite relevant evidence or law. The Board also granted removal on its own motion to issue a Notice of Intention to impose sanctions of up to $1,500 against the lien claimant and its representative for filing a frivolous and non-compliant petition. The sanctions are for bad faith actions, including filing a pleading without justification and violating procedural rules.

Workers Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionSanctionsLabor Code Section 5813WCAB Rule 10561RemovalLien ClaimantReasonableness and NecessityPsychological Injury
References
0
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