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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

Mangum v. National Union Fire Insurance

A claimant was injured in July 2000 and filed for workers' compensation after her disability claim was denied. The Workers' Compensation Board initially indexed the claim against Career Horizons, Inc., with AIG Claims Services, Inc. as its administrator. AIG failed to appear at multiple hearings, leading to the claim's establishment and penalties. After an initial appeal by AIG, the Board affirmed the establishment but remitted the case to identify the proper carrier. CNA Insurance Company was subsequently identified as the employer's true workers' compensation carrier. The WCLJ and the Board ruled that AIG was estopped by laches from denying coverage. This court, however, reversed the Board's finding of estoppel, concluding that the Board abused its discretion by not addressing evidence suggesting CNA had timely notice of the claim and basing its decision on incorrect employer/carrier identification. The matter was remitted for further proceedings.

Workers' CompensationEstoppelLachesInsurance CoverageCarrier LiabilityThird-Party AdministratorAppellate ReviewRemittalProcedural Due ProcessTimely Notice
References
9
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

Allen v. Telergy Network Services, Inc.

Plaintiff Luc D. Allen, an employee of Marais Trenching, Inc., was seriously injured while repairing a trenching machine on a fiber optic cable project. He and his wife filed an action against Telergy Network Services, Inc. (owner) and Mastec North America, Inc. d/b/a Wilde Construction (general contractor), alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as a contractual third-party beneficiary claim. The defendants and third-party defendant Marais Trenching, Inc. moved for summary judgment, which was granted by the Supreme Court, dismissing all claims. On appeal, the plaintiffs’ claims under Labor Law § 200, § 241 (6), and the third-party beneficiary claim were reviewed. The appellate court affirmed the dismissal, finding no control by Telergy or Wilde over the repair work, no violation of 12 NYCRR 23-9.5 (f), and that the plaintiff was not an intended third-party beneficiary of the highway work permit or the contract between Telergy and Wilde.

Labor Law § 200Labor Law § 241(6)Summary JudgmentTrenching AccidentConstruction Site SafetyThird-Party Beneficiary ClaimAppellate AffirmationEmployer ResponsibilityGeneral Contractor LiabilityUnsafe Work Condition
References
9
Case No. MISSING
Regular Panel Decision

DAR & Associates, Inc. v. Uniforce Services, Inc.

Plaintiffs, consisting of DAR & Associates, Inc., its principals, and D.A.R. Temps, Inc., initiated a lawsuit against Uniforee Services, Inc. The core of the action sought a declaratory judgment that restrictive covenants and a liquidated damages provision in their contracts were unenforceable under New York law, alongside a breach of contract claim. In addressing cross-motions for partial summary judgment, the court found Uniforee possessed legitimate business interests warranting the protection of the restrictive covenants, deeming them reasonable in duration and geographic scope. Furthermore, the court upheld the enforceability of the liquidated damages clause, concluding that actual damages were difficult to ascertain at the time of contract and the agreed-upon sum was reasonable. Consequently, the plaintiffs' motion for partial summary judgment was denied, and the defendant's cross-motion was granted, effectively validating the contractual provisions at issue.

Restrictive CovenantsNon-compete ClauseNon-solicitation ClauseLiquidated DamagesBreach of ContractDeclaratory JudgmentSummary JudgmentFranchise AgreementLicensing AgreementUnfair Competition
References
60
Case No. ADJ3591939 (LAO 07459514)
Regular
Jan 09, 2009

JUANA VENEGAS vs. X-CHANGE PERSONNEL SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE, in liquidation, by BROADSPIRE, MERLE NORMAN COSMETICS, AIG CLAIMS SERVICES, INC.

AIG Claims Services, Inc. (AIG) appeals the WCJ's October 20, 2008 determination that the issue of applicant's alleged special employment by Merle Norman Cosmetics must be submitted to arbitration. The Appeals Board dismisses the petition for reconsideration, grants the petition for removal, and rescinds the submission to arbitration.

Special employmentCIGAcovered claimsarbitrationremovalreconsiderationinterim orderfinal orderprejudiceLabor Code section 5275(a)
References
11
Case No. MISSING
Regular Panel Decision

Madden v. Creative Services, Inc.

Plaintiffs George Madden and Roseanne Cohen filed a diversity action against Ralph Douglas Howe, Jr., Michael Sean Cole, National Amusements, Inc., Creative Services, Inc., Sklar, and Redstone. The suit arose from a break-in into the plaintiffs' attorney's office by Howe and Cole, employees of Creative Services, which was hired by National Amusements to investigate opposition to a proposed theater complex. Plaintiffs alleged various torts including intentional infliction of emotional distress, conversion, interference with attorney-client privilege, unlawful search and seizure, and negligent infliction of emotional harm. The court granted the defendants' motions to dismiss the complaint, finding that the alleged conduct did not meet the legal thresholds for the claimed torts under New York law and declined to create new causes of action. Consequently, all principal and derivative claims were dismissed.

Intentional Infliction of Emotional DistressConversionAttorney-Client PrivilegeUnlawful Search and SeizureNegligent Infliction of Emotional HarmLoss of ConsortiumMotion to DismissSummary JudgmentFederal Rules of Civil ProcedurePleading Standards
References
26
Case No. 02 Civ. 8428(DC)
Regular Panel Decision

Professional Sound Services, Inc. v. Guzzi

Plaintiff Professional Sound Services, Inc. (PSS) sued Gotham Sound and Communications, Inc., Roland J. Guzzi, and Peter Schneider, alleging product disparagement and false designation of origin under the Lanham Act, along with several state law claims. PSS contended that Guzzi made disparaging statements about PSS to its customers and that Gotham's use of the letter "S" in its inventory codes constituted trademark infringement of PSS's purported "S" mark. The District Court granted the defendants' motion for summary judgment on the Lanham Act claims. The court found that PSS failed to demonstrate widespread dissemination for its disparagement claim and that its "S" mark lacked inherent distinctiveness or secondary meaning necessary for trademark protection. Consequently, the court dismissed the federal claims with prejudice and declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

Lanham ActProduct DisparagementFalse Designation of OriginTrademark InfringementSummary JudgmentCommercial SpeechDistinctivenessSecondary MeaningLikelihood of ConfusionPolaroid Factors
References
46
Case No. MISSING
Regular Panel Decision

Gotham Logistics, Inc. v. Local 917 International Brotherhood of Teamsters

Plaintiffs, Gotham Logistics, Inc., Bestway Services, Inc., and Bestway Logistics Transportation, Inc., trucking companies, initiated an action against Defendant Local 917 of the International Brotherhood of Teamsters and its Secretary-Treasurer under the Labor Management Relations Act, alleging an unfair labor practice and tortious interference with contract. The dispute arose after the Union negotiated a new collective bargaining agreement with SWS, an employer of the plaintiffs' services, leading SWS to hire more in-house unionized employees and consequently reducing its need for plaintiffs' external trucking services. Plaintiffs argued this constituted an unlawful secondary boycott. The court, presided over by District Judge Wexler, granted the Defendants' motion to dismiss, finding the Union's actions to be lawful primary activity directed at SWS concerning its own employees, rather than an unlawful secondary boycott aimed at the plaintiffs. As the federal claim was dismissed, the court declined to exercise jurisdiction over the remaining state law claims, dismissing the entire action.

Labor Management Relations ActUnfair Labor PracticeSecondary BoycottPrimary ActivityCollective Bargaining AgreementMotion to DismissRule 12(b)(6) FRCPTortious Interference with ContractJurisdictionTrucking Services
References
14
Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. Proof of Claim No. 149
Regular Panel Decision

In re DeWitt Rehabilitation & Nursing Center, Inc.

The Debtor, DeWitt Rehabilitation and Nursing Center, Inc., moved to expunge the priority portion of a claim filed by United Staffing Registry, Inc. The Claimant sought priority status for social security, Medicare, and unemployment payments made for temporary employees it provided, citing 11 U.S.C. § 507(a)(5). Bankruptcy Judge Allan L. Gropper analyzed the application of § 507(a)(5) in light of case precedents, including Howard Delivery Service, Inc. The Court determined that the priority under § 507(a)(5) is intended to protect contributions for a debtor's direct employees, and the temporary employees were not employees of DeWitt. Consequently, the Debtor's objection was sustained, disallowing the priority and reclassifying the entire claim as a general unsecured claim, while also denying the Debtor's request for legal fees.

Bankruptcy LawPriority ClaimsEmployee Benefit Plans11 U.S.C. § 507(a)(5)Temporary EmployeesUnsecured ClaimsIndemnificationLegal FeesClaim ExpungementStatutory Interpretation
References
9
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