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California Division of Workers' Compensation Judge Roster

WCAB Judge Roster, October 5, 2010

NTP Reexaminations Move on to The Federal Circuit

As first reported by PatentsPostGrant.com in November 2009 , the patent reexaminations of NTP vs. RIM infamy were soundly shot down by the BPAI. [1] In November of 2009, the BPAI began issuing a series of decisions affirming the rejections of the five NTP patents. 5,436,960 BPAI reexamination...

District Court vs. USPTO Patent Reexamination Analysis (BPAI Informative Opinion in Ex Parte Baxter International, Inc.)

Different standards lead to different results in patent reexamination and district court litigation During district court patent infringement litigation between Baxter and Fresenius, Fresenius requested reexamination of Baxter's patents relating to hemodialysis machines with touch screen interfaces...

Appellate Standing Denied in Pennsylvania Will Challenge where Appellant/Challenger Won at the Lower Lever & Appellant/Executrix Was Not an Aggrieved Party

The decedent, Theodore D. Pendergrass, was a paraplegic. His wife, Joan Pendergrass held his power of attorney. After the decedent's death, Mrs. Pendergrass applied for and received letters testamentary pursuant to a will dated March 25, 2009 and codicil thereto dated October 17, 2009. The probated...

Duane Morris LLP: Federal Circuit Reverses Itself; Permits ITC to Control Scope of Appeals

The United States Court of Appeals for the Federal Circuit recently granted a petition for a panel rehearing by the U.S. International Trade Commission (ITC) and withdrew a component of a published decision that would have prohibited the ITC's practice of circumscribing the scope of Federal Circuit...

Illinois: “Mailbox Rule” Applies to Appeals From Commission to Circuit Courts

Reversing a decision of a state appellate court that had vacated the judgment of the circuit court as having been entered without subject matter jurisdiction because the claimant’s action for judicial review had been filed more than 20 days after the claimant's attorney received the Commission's...

N.Y. Ct. App. on Court Advisals: People v. Peque

"[F]undamental fairness ... requires a trial court to make a non-citizen defendant aware of the risk of deportation because deportation frequently results from a non-citizen's guilty plea and constitutes a uniquely devastating deprivation of liberty." - People v. Peque, Nov. 19, 2013 ....

California: Independent Medical Review Appeals: The Shape of Things to Come

Workers’ Compensation Judges are starting to see appeals of IMR decisions where the parties are raising very interesting arguments at conferences and trials. We expect to see quite a few noteworthy panel decisions in the coming months outlining what the WCAB can and cannot do when a party challenges...

California: Medical Records for Independent Medical Review

Defendant, not applicant, has mandatory obligation to forward all relevant medical records to IMR In Garibay-Jimenez v. Santa Barbara Medical Foundation Clinic , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel rescinded the WCJ’s order denying the applicant’s appeal from an independent...

The AAO is Hiring Appeals Officers: $107,325 to $139,523 / Per Year

Short fuse! Application window closes Friday, June 12, 2015. Job Title: APPEALS OFFICER Department: Department of Homeland Security Agency: Citizenship and Immigration Services Job Announcement Number:CIS-PJN-1422318-AAO SALARY RANGE: $107,325.00 to $139,523.00 / Per Year OPEN PERIOD...

California Independent Medical Review Appeals: Case of First Impression on Meaning of a “Plainly Erroneous” IMR Determination

In McAtee v. Briggs & Pearson Construction , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s decision denying the applicant’s appeal of an Administrative Director’s independent medical review (IMR) determination that Duragesic patches the applicant used to treat...

California Workers' Comp Case Roundup (10/2/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...