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Case Law Database

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. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)
Significant
Apr 06, 2009

Mario Almaraz vs. Environmental Recovery Services (a.k.a. ENVIROSERVE), State Compensation Insurance Fund Joyce Guzman vs. Milpitas Unified School District, Permissibly Self-Insured, Keenan & Associates, Adjusting Agent

The Appeals Board grants reconsideration in two consolidated cases, Almaraz and Guzman, to study the issues raised in a petition and allows for the filing of amicus curiae briefs by any interested person or entity.

WCABReconsiderationAmicus BriefsEn Banc DecisionAMA GuidesPermanent DisabilityThreshold IssueRebuttalFinal OrderInterlocutory Decision
References
18
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. 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. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)
En Banc
Feb 03, 2009

MARIO ALMARAZ, JOYCE GUZMAN vs. ENVIRONMENTAL RECOVERY SERVICES, STATE COMPENSATION INSURANCE FUND, MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

In a consolidated en banc decision, the Appeals Board holds that the AMA Guides portion of the 2005 Schedule for Rating Permanent Disabilities is rebuttable and remands two separate cases to their respective WCJs to determine if the standards for rebuttal have been met.

AMA Guides2005 Schedulerebuttablepermanent disabilityinequitable awarddisproportionate awardfair and accurate measuremedical opinionsadministrative law judgeWCJ
References
61
Case No. MISSING
Regular Panel Decision
Apr 07, 1993

Pennisi v. Standard Fruit & Steamship Co.

A longshoreman, having received workers' compensation benefits from his employer, International Terminal Operating Company (ITO), initiated a personal injury action against Standard Fruit & Steamship Company and Netumar Lines. Standard Fruit and Netumar subsequently filed a third-party complaint against ITO for contribution and indemnification. The Supreme Court initially granted ITO's motion for summary judgment, dismissing the third-party complaint. The appellate court modified this decision, reinstating Standard Fruit's indemnification claim against ITO due to unresolved factual questions regarding Standard Fruit's status as a 'vessel' and the existence of an indemnification contract. The court affirmed the dismissal of contribution claims, citing the LHWCA's exclusivity provision, and remitted the matter for a determination on sanctions.

Workers' Compensation BenefitsLongshoreman InjurySummary JudgmentContribution ClaimsIndemnification ClaimsThird-Party ComplaintLHWCAVessel StatusContractual IndemnityImplied Indemnity
References
14
Case No. ADJ3311649 (LAO 0871212)
Regular
Apr 20, 2009

MILTON JEOVANY LOPEZ vs. LAZAR TRUCK LINES, NOVAPRO RISK SOLUTIONS FOR CTSA

The Workers' Compensation Appeals Board granted reconsideration of a decision that awarded the applicant 2% permanent disability for a knee injury. The applicant argued the rating was inaccurate based on the AMA Guides and sought recalculation under *Almaraz/Guzman*. The Board found the permanent disability issue was properly raised and that the medical record needed further development. Therefore, the matter was returned to the trial level to re-evaluate permanent disability consistent with the *Almaraz/Guzman* ruling.

Workers' Compensation Appeals BoardMilton Jeovany LopezLazar Truck LinesNovapro Risk SolutionsADJ3311649LAO 0871212ReconsiderationFindings and AwardPermanent DisabilityAMA Guides
References
3
Case No. ADJ2786471 (AHM 0131083) ADJ1723308 (AHM 0131186) ADJ1776217 (AHM 0131184)
Regular
Jul 12, 2011

RENE GARCIA vs. CITY OF ANAHEIM

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision regarding applicant Rene Garcia's industrial injury to his low back and knees. The Board found that the treating physician's impairment rating was not substantial evidence because it impermissibly considered the applicant's ability to compete in the open labor market, in addition to Activities of Daily Living (ADLs), deviating from *Almaraz/Guzman* guidelines. The matter was returned to the trial level for further proceedings, including a supplemental report or deposition from the physician, to clarify the *Almaraz/Guzman* analysis solely on ADLs.

Workers Compensation Appeals BoardCity of Anaheimfirefightercumulative traumapermanent disability awardapportionmentAMA GuidesAlmaraz v. Environmental Recovery ServicesMilpitas Unified School Dist. v. Workers' Comp. Appeals Bd.Whole Person Impairment
References
7
Case No. ADJ480092 (SFO 0498380) ADJ2934310 (SFO 0498381)
Regular
Apr 26, 2009

TONI MORGAN vs. REDWOOD CREDIT UNION, ZENITH INSURANCE COMPANY, UNITED STATES FIRE INSURANCE CO.

This case concerns an applicant's petition for reconsideration of a workers' compensation judge's finding that the 2005 Permanent Disability Rating Schedule (PDRS) should apply to two cumulative trauma injuries. The applicant argued for the 1997 PDRS, asserting a defendant's termination of temporary disability payments triggered a Labor Code notice requirement. Alternatively, the applicant contended the $15\%$ permanent disability rating was too low, citing *Almaraz/Guzman* regarding disparities between AMA Guides impairment ratings and actual employability. The Appeals Board granted reconsideration, agreeing the medical record needed further development under *Almaraz/Guzman*, and deferred the permanent disability issue for trial level review. A dissenting opinion argued the applicant waived the AMA Guides impairment issue by not raising it earlier.

WCABRedwood Credit UnionZenith Insurance CompanyUnited States Fire Insurance Co.cumulative traumapermanent disability rating schedule2005 PDRS1997 PDRSLabor Code section 4061Labor Code section 4660
References
11
Case No. MISSING
Regular Panel Decision

Deleon v. New York City Sanitation Department

DeGrasse, J., dissents from the majority's premise, arguing that the reckless disregard standard of care set forth under Vehicle and Traffic Law § 1103 (b) applies to the case. The case involves a 2010 collision between a plaintiff's vehicle and a mechanical street sweeper operated by defendant Robert P. Falcaro, a city sanitation worker. The dissent asserts that Rules of the City of New York (34 RCNY) § 4-02 (d) (1) (iv) incorporated this standard for highway workers, a category Falcaro falls under. It refutes the majority's interpretation of 34 RCNY § 4-02 (d) (1) (iii), stating it provides no standard of care and thus does not contradict the application of the reckless disregard standard. The dissenting judge concludes that summary judgment was properly granted by the court below, as there was no evidence of Falcaro's intentional conduct committed in disregard of a known or obvious risk of highly probable harm, and would affirm the denial of plaintiff’s motion for summary judgment and the granting of defendants’ cross motion.

Reckless disregardVehicle and Traffic LawStreet sweeperHighway workerSummary judgmentMunicipal lawNew York City RulesStandard of careDissentCollision
References
6
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