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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

Guzman v. Bevona

Carlos Guzman, a member and former shop steward of Local 32B-32J, sued the Union's Joint Executive Board for violating his rights under the LMRDA and LMRA, and for intentional infliction of emotional distress under state law. Guzman alleged he was retaliated against for protesting union dues and salaries, specifically by being excluded from a meeting, subjected to surveillance by union-hired private investigators, and having his work hours reduced. The defendants moved to dismiss the claims. The court denied the motion to dismiss, finding that Guzman's claims had sufficient grounds to proceed, including potential damages for breach of union constitution and for extreme and outrageous conduct causing emotional distress.

Labor Management Reporting and Disclosure ActLabor Management Relations ActFreedom of Speech and AssemblyUnion Dues ProtestShop Steward ExclusionSurveillanceIntentional Infliction of Emotional DistressMotion to DismissUnion Constitution BreachRetaliation
References
19
Case No. MISSING
Regular Panel Decision
Oct 24, 2014

Guzman v. Jay

Plaintiff Noel Jackson Guzman filed a Section 1983 action against New York City Police Officer Brian Jay, alleging false arrest and excessive force stemming from a 2009 incident. A jury trial resulted in a verdict for Guzman, awarding him significant compensatory and punitive damages for false arrest and excessive force. Officer Jay subsequently moved for a new trial, remittitur, and judgment as a matter of law. The court denied motions for a new trial and remittitur, but granted judgment as a matter of law on the false arrest claim due to qualified immunity. This decision was based on the jury's finding that Officer Jay reasonably, though possibly mistakenly, believed Guzman was fighting at the time of arrest.

False ArrestExcessive Force42 U.S.C. § 1983Qualified ImmunityJury VerdictRemittiturNew Trial MotionJudgment as a Matter of LawPolice MisconductPersonal Injury
References
43
Case No. MISSING
Regular Panel Decision

Guzman v. Hazemag U.S.A., Inc.

Plaintiff Guzman filed a diversity action alleging product liability and negligence for a hand injury sustained at work in December 1988, involving a machine manufactured by defendants Grasan and Hazemag U.S.A., Inc. Prior to this federal suit, Guzman pursued relief through the Workers' Compensation Board, which initially denied his claim but later determined an employer-employee relationship with M & C Transfer Station and Recycling Inc., against whom he also had a pending state court action. Guzman sought to dismiss the federal action without prejudice to consolidate it with the state court case, citing judicial economy. The district court denied the Rule 41(a)(2) motion, reasoning that the Workers' Compensation Board's finding eliminated the judicial economy justification, as New York Workers' Compensation Law § 29(6) would likely provide a complete defense in the state civil action.

Voluntary DismissalRule 41(a)(2) F.R.C.P.Judicial EconomyDiversity JurisdictionWorkers' Compensation LawProduct LiabilityNegligence ClaimFederal Court ProcedureState Court ActionEmployer-Employee Relationship
References
8
Case No. MISSING
Regular Panel Decision

Guzman v. Concavage Marine Construction Inc.

Oscar Guzman sued his former employer, Concavage Marine Construction, Inc., Intercoastal Water Transportation, Inc., and owners Nicholas and Joanne Concavage, alleging racial discrimination and hostile work environment under 42 U.S.C. § 1981 and the New York State Human Rights Law. He also claimed unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York Labor Law. Defendants moved to dismiss, arguing the alleged discrimination was based on geographic foreignness, not race, and that Guzman waived his FLSA and New York Labor Law claims for a certain period by signing a Department of Labor Form WH-58. The court denied Defendants' motion in its entirety, finding the discrimination allegations plausible as racial, and that the validity of the WH-58 waiver was questionable due to alleged duress, thus allowing all of Plaintiff's claims to proceed.

Racial discriminationHostile work environmentWage and hourOvertime payFLSANew York Labor LawMotion to dismissEconomic duressSection 1981Human Rights Law
References
45
Case No. ADJ940068
Regular
Jun 22, 2010

JUAN GUZMAN vs. PEAK HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding that applicant Juan Guzman did not sustain an industrial injury. Guzman claimed he contracted Valley Fever due to his agricultural employment in 2002. The Board adopted the Workers' Compensation Judge's report, which found defendant's medical expert's opinion more credible. This expert concluded that the incubation period of Valley Fever, and the applicant's symptom onset in 2006, made an industrial exposure in 2002 unlikely. The Board found applicant failed to prove a connection between his condition and his employment, and did not demonstrate a dormant infection originating from his work.

CoccidioidomycosisValley FeverPetition for ReconsiderationIndustrial InjuryMedical EvidenceIncubation PeriodDormant InfectionPro PerStipulations and IssuesFindings and Order
References
4
Case No. MISSING
Regular Panel Decision

Alfaro v. Vardaris Tech, Inc.

The court did not abuse its discretion in denying partial summary judgment regarding opt-out letters, inferring defendants drafted them to solicit class members' exclusion. However, the appellate court found errors in the trial court's factual findings under CPLR 3212 (g) concerning underreported hours and underpayments to worker Guzman by Vardaris, as issues of fact remain. Consequently, a motion seeking a stay was denied.

Class Action LitigationSummary Judgment DenialOpt-Out LettersSolicitation EthicsWage UnderpaymentPayroll FraudAppellate ReviewFactual Findings DisputeCPLR ProcedureStanding to Appeal
References
6
Case No. ADJ1544610 (MON 0209957)
Regular
May 11, 2012

HILDA RUIZ-GUZMAN vs. EL POLLO LOCO; SPECIALTY RISK SERVICES

This case involves a dispute over the adequacy of a proposed Compromise and Release (C&R) settlement for a worker with extensive injuries. The WCJ initially found the C&R inadequate, leading to Petitions for Reconsideration from both the applicant and defendant. The Appeals Board has scheduled a Commissioners' Conference to discuss the C&R, including the annuity rate, cost-of-living adjustments for future payments, the identity of the liable insurer, and the reasonableness of the proposed attorney fee, which appears to exceed statutory guidelines. The applicant's attorney must justify the $1.7 million fee based on specific factors.

Compromise and ReleaseStructured SettlementPetition for ReconsiderationFindings of Fact and OrderPermanent DisabilityFurther Medical TreatmentAttorney FeeAnnuityCost of Living AdjustmentExcess Carrier
References
1
Case No. ADJ2023039 (POM 0295793)
Regular
Jan 11, 2018

JAVIER GUZMAN vs. FEDEX NATIONAL, CAMBRIDGE SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by the applicant, Javier Guzman. The WCAB adopted the report of the Workers' Compensation Administrative Law Judge (WCJ) as the basis for its denial. While acknowledging a factual inaccuracy in the WCJ's report regarding the Agreed Medical Examiner, the WCAB found no grounds to grant removal. Therefore, the petition was formally denied.

Order Denying RemovalPetition for RemovalWCJ ReportAMETreating PhysicianJavier GuzmanFedEx NationalCambridge SacramentoWorkers' Compensation Appeals Board
References
0
Case No. ADJ7481805
Regular
Sep 05, 2018

MARLA GUZMAN SANCHEZ vs. BRIGHTON STORES INC.; TRAVELERS

The Workers' Compensation Appeals Board denied Marla Guzman Sanchez's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would be inadequate. The Board found no such showing, adopting the WCJ's report and reasoning. The applicant can address discovery issues with the trial judge during the proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardRemoval extraordinary remedySubstantial prejudiceIrreparable harmReconsideration adequate remedyIncomplete discoveryTrial judgeAdministrative law judgeWCJ report
References
2
Case No. ADJ2210692 (SDO 0348182)
Regular
Jul 16, 2012

MILTON GUZMAN vs. SELECT ELECTRIC, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding Milton Guzman sustained an industrial psychological injury. The defendant, Zurich North America, argued the applicant did not meet the "sudden and extraordinary employment condition" requirement of Labor Code section 3208.3. The Board will allow supplemental briefing on whether the applicant met the six-month employment duration requirement for psychiatric claims, as this issue was not fully decided by the WCJ. The decision will address this specific issue before issuing a final ruling.

Labor Code section 3208.3psychiatric injurysudden and extraordinary employment conditionsix month employment requirementindustrial injuryFindings and AwardPetition for Reconsiderationsupplemental briefingWCJWorkers' Compensation Appeals Board
References
3
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