Updated Daily

Case Law Database

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

Case No. ADJ8138407

Regular

Nov 19, 2014

SCOTT LOWE vs. ADT, SEDGWICK CMS

The applicant is Scott Lowe, and the defendants are ADT and Sedgwick CMS. The defendants sought Social Security earnings records from 2005 to the present, claiming it was proper discovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal of the judge's order denying this discovery. The WCAB found that the requested earnings information, starting seven years prior to the injury, was not relevant and removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm.

Petition for RemovalSocial Security earnings recordsdiscoverydue processtemporary total disabilitysubstantial prejudiceirreparable harmreconsiderationadministrative law judgeWorkers' Compensation Appeals Board

References

Case No. MISSING

Regular Panel Decision

Brothers v. Tyco International, Ltd.

The plaintiffs contracted with ADT for a home security system. During installation, a worker employed by Tyco negligently damaged a waste disposal pipe, leading to a slow leakage and a mold condition in the plaintiffs' house. After recovering over $40,000 from their homeowner’s insurance for remediation expenses, the plaintiffs initiated this action against ADT and Tyco to recover consequential and incidental damages not covered by their insurance, such as those from mold exposure and life disruption. The Supreme Court granted the defendants' motion for summary judgment, dismissing the complaint, and denied the plaintiffs' cross-motion. The court found that the contract between the plaintiffs and ADT contained an unequivocal exculpatory provision, stating the defendants would not be liable for losses due to water intrusion or mold resulting from the security system installation, which the plaintiffs failed to rebut.

home security systemnegligent installationwaste pipe damagemold damageconsequential damagesincidental damagesexculpatory clausecontract disputesummary judgmentproperty damage

References

Case No. MISSING

Regular Panel Decision

Dec 23, 2010

Armstrong v. Sensormatic/ADT

Plaintiff sued defendant, alleging termination in retaliation for complaining about preferential treatment towards women and racial discrimination, as well as a failure to promote claim. The Supreme Court, Bronx County, granted the defendant's motion for summary judgment, dismissing the complaint. The appellate court unanimously affirmed this decision, finding the plaintiff's deposition testimony and affidavit too ambiguous to raise an issue of fact regarding protected activity or retaliatory conduct. Furthermore, plaintiff failed to rebut defendant's evidence of legitimate, nondiscriminatory reasons for termination, and the failure to promote claim was properly dismissed as time-barred due to insufficient evidence of a pattern of discrimination to apply the continuing violations doctrine.

RetaliationDiscriminationSummary JudgmentEmployment LawGender DiscriminationRacial DiscriminationFailure to PromoteStatute of LimitationsContinuing Violations DoctrineAmbiguous Testimony

References

Case No. ADJ7583068

Regular

GRORGE CORTELL vs. ADT SECURITY SERVICES

The Workers' Compensation Appeals Board dismissed George Cortell's petition for reconsideration due to a failure to verify the petition, as required by Labor Code section 5902. Even if the petition had been properly verified, the Board would have denied it on the merits based on the administrative law judge's report. The Board would have also given great weight to the judge's credibility findings. Consequently, the petition for reconsideration is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedLabor Code section 5902Verified PetitionWCJ Report and RecommendationDeny on the meritsCredibility findingPermissibly Self-InsuredADT Security Services

References

Showing 1-4 of 4 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

SCOTT LOWE vs. ADT, SEDGWICK CMS

Brothers v. Tyco International, Ltd.

home security systemnegligent installationwaste pipe damagemold damageconsequential damagesincidental damagesexculpatory clausecontract disputesummary judgmentproperty damage

Armstrong v. Sensormatic/ADT

RetaliationDiscriminationSummary JudgmentEmployment LawGender DiscriminationRacial DiscriminationFailure to PromoteStatute of LimitationsContinuing Violations DoctrineAmbiguous Testimony

GRORGE CORTELL vs. ADT SECURITY SERVICES