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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
Feb 24, 2006

Hatfill v. Foster

This decision and order revisits the choice of substantive law in a libel case filed by Dr. Steven Hatfill against Conde Nast Publications, Donald Foster, and The Reader's Digest Association, concerning articles published about the 2001 anthrax attacks. Initially, the court had determined Virginia law applied. However, after further jurisdictional discovery revealed that plaintiff Hatfill had made misrepresentations about his domicile, the court reversed its prior ruling. It concluded that Hatfill was domiciled in Washington D.C. at the time of the articles' publication, and therefore, Washington D.C. law will govern the substantive issues for all defendants. Additionally, the court ordered plaintiff's counsel to show cause why their pro hac vice status should not be revoked due to these alleged misrepresentations and omissions of material facts regarding their client's domicile.

LibelDefamationChoice of LawDomicile DeterminationJurisdictional DiscoveryMisrepresentation to CourtPro Hac Vice RevocationForum ShoppingSingle Publication RuleConflict of Laws
References
19
Case No. MISSING
Regular Panel Decision
Jun 12, 2000

Simon v. Philip Morris Inc.

This memorandum and order addresses the preliminary issues of class certification in a nationwide smoker class action. Plaintiffs seek to certify a class of individuals who developed lung cancer due to smoking defendants' cigarettes. The defendants, referred to as "Tobacco," challenge the claims' substantive and factual viability, as well as the suitability for class action, citing varied state laws under the Erie doctrine and due process concerns. Senior District Judge Weinstein, acknowledging the complexities, reserves the decision on class certification and grants a preliminary evidentiary hearing. The court explores potential approaches to manage diverse state laws and discusses the necessity of plaintiffs demonstrating a feasible trial structure for a large class.

Class ActionSmoker Class ActionTobacco LitigationLung CancerClass CertificationRule 23Erie DoctrineConflict of LawsMultistate LitigationDue Process
References
12
Case No. ADJ10129038, ADJ7518514, ADJ7762269
Regular
Oct 09, 2017

RAMON NEVAREZ vs. UNITED PARCEL SERVICE, INC., LIBERTY MUTUAL INSURANCE COMPANY

Defendant UPS sought reconsideration of a decision deferring the issue of injury to the applicant's right forearm and shoulder. The Board dismissed the petition because reconsideration can only be sought from a "final" order. Deferring an issue, as done in this case, does not determine substantive rights or liabilities, nor does it resolve a threshold issue. Therefore, the order deferring the injury issue was not a final decision, making the petition for reconsideration improper and subject to dismissal.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightLiabilityThreshold IssueWorkers' Compensation Appeals BoardMedical EvidenceBody Part InjuryLibery Mutual Insurance Company
References
4
Case No. ADJ11635947
Regular
Mar 25, 2020

EDMOND WOODS vs. CONTEMPORARY SERVICES CORPORATION, ZURICH NORTH AMERICA

Applicant petitioned for reconsideration of a Minute Order that stated "WCJ to issue dismissal without prejudice." The Appeals Board dismissed the petition because the applicant was not aggrieved by a final order, as no such order had yet been issued. A petition for reconsideration can only be taken from a final order that determines substantive rights, liabilities, or a fundamental threshold issue. Since the dismissal order itself had not yet been issued, the petition was premature and thus dismissed.

Petition for ReconsiderationDismissalAggrieved ApplicantFinal OrderSubstantive RightLiabilityThreshold IssueBenefitsWCJWorkers' Compensation Appeals Board
References
4
Case No. MISSING
Regular Panel Decision

Burnett v. Columbus McKinnon Corp.

Doug Burnett, an Ohio resident, was injured in Indiana in May 2001 by a steel coil from a hook manufactured by the defendant, a New York corporation. The central issue on appeal is whether New York or Indiana substantive law should apply to this personal injury action, given conflicts in comparative negligence and employer fault apportionment. The court, applying New York's choice-of-law principles and the third Neumeier rule, determines that the substantive law of Indiana, the situs of the tort, should govern the case. The court concluded that applying New York law would create uncertainty and New York has no interest in benefiting nonresidents to the detriment of its residents in this context. Consequently, the lower court's order applying New York law is reversed, and the defendant's motion for the application of Indiana law is granted, while the plaintiff's motion is denied. The issue of the 'nonparty' defense under Indiana law was deemed unripe for review.

Personal InjuryChoice of LawComparative NegligenceIndiana LawNew York LawEmployer LiabilityProduct LiabilityNeumeier RulesLoss AllocationTort Law
References
18
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ10558939
Regular
May 21, 2018

GIOVANNI MARTINEZ vs. MENZIES AVIATION USA, INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board dismissed Giovanni Martinez's Petition for Reconsideration. The petition sought to challenge a Notice of Intent to Issue Sanctions against applicant's law firm. The Board found the petition improper because it was filed before a final order was issued by the Administrative Law Judge. Reconsideration is only permitted from final orders that determine substantive rights or threshold issues.

Notice of Intent to Issue SanctionsPetition for ReconsiderationWaste of Judicial ResourcesVerified PetitionFinal OrderSubstantive RightThreshold IssueInterlocutory ProceduralAppeals BoardWorkers' Compensation Judge
References
0
Case No. ADJ10992611
Regular
Aug 07, 2018

MARIA LOPEZ vs. CAR CARE, INC.; REPUBLIC INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed against a non-final order addressing an evidentiary issue. The WCAB found that the order did not determine any substantive rights or liabilities nor a threshold issue. Furthermore, the WCAB denied the applicant's petition for removal, finding no evidence of substantial prejudice or irreparable harm. The WCAB concluded that reconsideration would be an adequate remedy if a final adverse decision is issued.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for Removalfinal ordersubstantive rightliabilitythreshold issueinterlocutory proceduralevidentiary issueextraordinary remedy
References
6
Case No. ADJ292246 (SFO 0505632) ADJ2419734 (SFO 0504906) ADJ2647713 (SFO 0504908)
Regular
Jan 25, 2018

ANNA HONG vs. SBC INTERNET SERVICES, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board dismissed Anna Hong's petition for reconsideration because she was not aggrieved by a final or non-final order. The issues raised, including home health care and the discoverability of an investigator's report, were determined to be pre-trial matters not yet decided. The Board emphasized that a petition for reconsideration can only be taken from a final order that determines substantive rights or liabilities or a threshold issue. Since no decisions were issued at the hearing Ms. Hong referenced, her petition lacked a basis.

WCABPetition for ReconsiderationAggrieved PartyFinal OrderNon-Final OrderThreshold IssueExpedited HearingHome Health CareRequest for Authorization (RFA)Primary Treating Physician
References
4
Case No. ADJ769963 (VNO 0196669)
Regular
Nov 25, 2013

GEORGE GIO vs. RAY WANG also known as CHING WANG, RAYMOND LLORENS also known as THOMAS STRONG, doing business as RAYMCO BUILDERS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves an applicant seeking enforcement of a Rehabilitation Unit (RU) determination for vocational rehabilitation benefits and retroactive VRMA, issued on December 31, 2008. The WCJ initially found the WCAB lacked jurisdiction to enforce the RU determination, which was issued after the critical January 1, 2009, deadline for WCAB jurisdiction over such matters. The Appeals Board rescinded the WCJ's decision because it was improperly made at a Mandatory Settlement Conference over the applicant's objection. The case is remanded for a new hearing before a different WCJ to address the substantive issue of enforceability.

Rehabilitation UnitVocational Rehabilitation Maintenance AllowanceMandatory Settlement ConferenceEnforceabilityJurisdictionRescinded DecisionReassignmentLabor CodeAppeals Board RulesDeclaration of Readiness
References
7
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