Workers Compensation Law
 
Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

More...   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

More...   $0 (04-24-2017 - )

United States of America v. Brandon Ryan Blackstone

Dallas, TX - Man Who Falsely Claimed to Receive the Purple Heart Award to Receive Financial Benefits is Sentenced to 21 Months in Federal Prison

A 35-year-old man, Brandon Ryan Blackstone, who admitted fraudulently representing the receipt of a military decoration for financial gain, has been sentenced by Chief U.S. District Judge Barbara M.G. Lynn to serve 21 months in federal prison.

More...   $0 (04-22-2017 - TX)

Nautilus, Inc. v. Chao Chen Yang

INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le

More...   $0 (04-22-2017 - )

United States of America v. Fuyi Sun, a/k/a "Frank" Federal Courthouse - New York, New York

New York, NY - Chinese National Pleads Guilty To Attempting To Illegally Export High-Grade Carbon Fiber To China

Fuyi Sun, a/k/a “Frank,” a citizen of the People’s Republic of China (“China”), pled guilty today before U.S. District Judge Alvin K. Hellerstein to violating the International Emergency Economic Powers Act (“IEEPA”) in connection with a scheme to illegally export to China, wit

More...   $0 (04-21-2017 - NY)

Citizens For Beach Rights v. City of San Diego

In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP)
to construct a new lifeguard station on Mission Beach. The SDP stated that failure to
2
utilize the permit within 36 months of its issuance would automatically void the permit.
Over the ensuing years, the City worked to secure a permit from the California Coastal
Commission (Commission) and to obtai

More...   $0 (04-21-2017 - )

Jerry Castillo, Jr. v. The State of Texas, Texas Fourth Court of Appeals San Antonio, Texas

Castillo was charged with fraudulently cashing a check for $1,372.82. At trial, Justin
Blohm, a teller at Broadway Bank, described to the jury the verification steps taken by a teller
when a person presents a check to the bank. Blohm was shown State’s Exhibit 2. Blohm testified
that State’s Exhibit 2 was a check collected by him on June 4, 2015. The check was purportedly
issued

More...   $0 (04-19-2017 - TX)

Howard Thomas Douglas v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The jury heard evidence that Douglas owned and operated a company, North Texas
Medical Evaluators (NTME), that provided workers’-compensation-related medical services to
entities that were insured by TMIC. One such service, and the one at issue in this case, was the
Functional Capacity Evaluation (FCE), a medical evaluation used to determine an injured worker’s
ability to return t

More...   $0 (04-18-2017 - TX)

Frank Huntley v. Deanna Huntley

Deanna Huntley challenges the trial court‟s denial of her motion to divide
unadjudicated community property under Family Code section 2556.1
Deanna filed her

1 Undesignated statutory citations are to the Family Code.
motion more than two years after entry of a default judgment that dissolved her marriage
to Frank Huntley.2
The trial court denied the motion on g

More...   $0 (04-17-2017 - )

United States of America v. John Yin

Seattle, WA - Everett Software Salesman Sentenced to Prison for Selling ‘Tax Zapper’ Software to Enable Cheating on State and Federal Taxes

Promoted and Sold Software to Restaurants Resulting in More Than $3.4 Million Tax Loss

An Everett, Washington man who worked for a Canadian company that sells point of sale computer software, was sentenced today in U.S. District Court in Seat

More...   $0 (04-17-2017 - WA)

United States of America v. Jamie Faye Cobat Federal Courthouse - Portland, Oregon

Portland, OR - Jury Convicts Linn County Woman of Welfare Fraud

A federal jury found a Lebanon, Ore. woman guilty of wire fraud and theft. Jamie Faye Cobat, 52, was convicted of stealing approximately $29,000 in welfare benefits by making false claims about her household composition and resources.

Federal and state agents began investigating Cobat in 2014 after social workers rec

More...   $0 (04-11-2017 - OR)

UNITED STATES OF AMERICA v. MICHAEL PALMER, ALSO KNOWN AS TONY, ALSO KNOWN AS KNOT, ALSO KNOWN AS JAMES, United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

On direct appeal, the court affirmed appellant’s convictions of conspiracy and related offenses involving presiding over the large-scale distribution and sale of unlawful drugs in
3 Washington, D.C., in the late 1980s. United States v. Harris, et al., 959 F.2d 246 (D.C. Cir.), cert. denied 506 U.S. 933 (1992). Appellant thereafter filed a series of motions collaterally attacking his convictio

More...   $0 (04-16-2017 - DC)

United States of America v. Sistemas Globales S.A.

Dallas, TX - Information Technology Firm Pays $1 Million to Settle Allegations of Visa Fraud

Sistemas Globales S.A., an Argentine information technology and consulting firm, has agreed to a civil settlement of allegations that it and its corporate affiliates, including U.S. affiliate Globant LLC (collectively “Globant”), violated the False Claims Act and the Program Fraud Civil Remedies A

More...   $0 (04-11-2017 - TX)

Michael J. Sumrall v. Modern Alloys, Inc.

I
INTRODUCTION
“In general, an employee is not acting within the scope of employment
while travelling to and from the workplace. But if the employee, while commuting, is on
an errand for the employer, then the employee’s conduct is within the scope of his or her
employment from the time the employee starts on the errand . . . .” (CACI No. 3724 [The
Going-and-Coming Rule—Bus

More...   $0 (04-15-2017 - )

BRENTON MCNEIL vs. STATE OF FLORIDA Sexual battery of a child under the age of twelve

The district court explained the underlying facts as follows: Brenton McNeil pled nolo contendere to three counts of sexual battery of a child under the age of twelve by a person under the age of eighteen in violation of section 794.011(2), Florida Statutes (2006), which requires costs to be imposed under sections 938.08, 938.085, and 938.10; and one count of lewd or lascivious molestation in vio

More...   $0 (04-14-2017 - FL)

Deborah Shaw v. The Superior Court of Los Angeles County

This case presents two issues: (1) Is a trial court ruling denying a request
for a jury trial in a civil action subject to review prior to trial by a petition for an
extraordinary writ or may such a ruling be reviewed only by appeal after trial?
and (2) Is there a right to a jury trial in a health care facility whistleblower action
for retaliatory termination brought pursuant to He

More...   $0 (04-13-2017 - )

Trenton Avery Ashton v. The State of Texas Sex Offender

In 2013, J.W. began babysitting seven-year old J.S. at J.W.’s home four nights
a week while the boy’s mother worked the night shift. J.W. shared her home with
her husband and nephew, as well as her son, appellant.
J.S.’s mother, the outcry witness, testified that, on November 18, 2013, J.S.
told her that appellant “stuck his wee-wee in my butt” and “white stuff came out.”

More...   $0 (04-11-2017 - TX)

Bellevue Farm Owners Association v. Chad Stevens

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney

More...   $0 (04-10-2017 - WA)

Delmis Spivey v. City of Bellevue and Department of Labor and Industries

These consolidated cases involve two city of Bellevue (City)
firefighters who were diagnosed with malignant melanoma and filed claims for
workers' compensation benefits. In both cases, the Board of Industrial Insurance
Appeals (Board) denied the firefighters' claims. Both firefighters then appealed the
Board's decision to King County Superior Court.
Under the Industrial Insuran

More...   $0 (02-09-2017 - WA)

Dean Wilcox v. Steve Bashore, et al.

Dean Wilcox fell 50 feet through an open catwalk hatch onto a
concrete floor. Having sustained severe injuries, he sued the on-site safety planner,
Steven Basehore, for negligent planning causing the fall; Wilcox also named the
safety planner's employer, Bartlett Services, Inc. (Bartlett), and an intermediary
company, ELR Consulting, Inc. (ELR), in respondeat superior. Before trial

More...   $0 (02-09-2017 - WA)

Patrick Featherstone v. Service Employees International Union Local 503

Plaintiff James Parker (Parker) appeals the trial
court’s limited judgment, asserting that the court erred in
dismissing his employment discrimination claim against
Service Employees International Union Local 503 (SEIU).
Parker asserts that the trial court erred in concluding on
the record before it that he could not establish that he was
an employee of SEIU and, therefore,

More...   $0 (02-01-2017 - OR)

Ashley A. Rehfeld v. Sedgwick Claims Management Services

Claimant was injured while working for Wend
Magazine in part as an unpaid intern and in part on commission.
Because Wend was a noncomplying employer, the
Workers’ Compensation Board reasoned that it could not
determine a weekly wage for claimant, and it therefore
awarded her the statutory minimum temporary disability
benefit of $50 per week. See ORS 656.210 (specifications<

More...   $0 (04-09-2017 - OR)

Providence Health System Oregon v. Joy M. Walker

This is the second time that we are asked to review an
order of the Workers’ Compensation Board relating to claimant’s
entitlement to a penalty under former ORS 656.268(5)(d)
(2009), renumbered as ORS 656.268(5)(f) (2015),1 and attorney
fees under ORS 656.382(1), for employer’s failure to
close her claim within 10 days of her September 30, 2009,
request for closure.
In

More...   $0 (03-08-2017 - OR)

Shelby J. Vantassel v. SAIF Corporation

Claimant seeks review of an order of the Workers’
Compensation Board upholding SAIF’s denial of an injury
claim for a disc herniation at L5-S1 that occurred when
claimant stepped out of a truck at work. Claimant contends
that the board erred in determining that the claim was not
compensable because claimant’s two previous disc herniations
and surgeries at L5-S1 were preexis

More...   $0 (03-15-2017 - OR)

Eric J. Grazin v. Rockford Corporation

Claimant settled his workers’ compensation claim,
in part, through a claim disposition agreement (CDA) under
ORS 656.236(1)(a). When the insurer, Liberty Northwest,
delayed payment of compensation under the CDA, claimant
sought attorney fees and penalties under ORS 656.262(11)(a).
The Director of the Department of Consumer and Business
Services ultimately denied claimant’s

More...   $0 (03-29-2017 - OR)

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