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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

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. MISSING
Regular Panel Decision

In Re Enron Corp.

Enterprise Products Operating L.P. filed a motion for resolution of dispute against Enron Gas Liquids, Inc. (EGLI) regarding lien claims for pre-petition services. Enterprise asserted a total lien claim of $888,059.09 under Texas law for various services including storage, trucking, fractionation, and product treatment of natural gas liquids. EGLI acknowledged a portion of the lien related to trucking and storage but disputed the claim for fractionation and product treatment services. The court examined whether Enterprise qualified as a 'mechanic, artisan, or materialman' under Article XVI, § 37 of the Texas Constitution. The court ultimately denied the fractionation and product treatment lien, finding that Enterprise's complex engineering and technical operations did not fit these traditional definitions. Additionally, the court denied Enterprise's request for post-petition attorneys' fees, citing the absence of a contractual agreement for such fees.

Bankruptcy LawLien EnforcementTexas Constitutional LawSecured ClaimsAttorneys' FeesCommercial DisputeNatural Gas LiquidsFractionation ServicesWarehouseman's LienDebtor-in-Possession
References
12
Case No. MISSING
Regular Panel Decision

Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. State

This appeal addresses the constitutional challenges brought by trade associations representing automobile manufacturers against New York's New Car Lemon Law alternative arbitration mechanism and its implementing regulations. Plaintiffs argued that General Business Law § 198-a (k) unconstitutionally deprived manufacturers of their right to a jury trial, access to Supreme Court, and constituted an improper delegation of judicial authority. The court ruled that the Lemon Law's remedies, particularly vehicle replacement, are equitable, thus preserving the right to a jury trial. It also upheld the arbitration mechanism as a reasonable alternative for dispute resolution, affirming its constitutionality regarding court access and delegation of authority. However, the court found one implementing regulation, 13 NYCRR 300.17 (c), invalid as it contravened the statute by precluding evidence of further repairs, effectively creating an irrebuttable presumption of liability.

Constitutional LawArbitrationLemon LawConsumer ProtectionGeneral Business LawRight to Jury TrialEquitable RemediesAdministrative LawJudicial ReviewStatutory Interpretation
References
21
Case No. MISSING
Regular Panel Decision

Xerox Corp. v. Lantronix, Inc.

Plaintiff Xerox Corporation commenced an action against Defendant Lantronix, Inc., alleging breach of an indemnification clause in their Master Purchase Agreement and seeking a declaratory judgment regarding a separate Texas lawsuit. Defendant filed counterclaims asserting Plaintiff's contractual breaches and seeking litigation costs. Plaintiff moved to dismiss these counterclaims, arguing Defendant failed to meet prelitigation dispute resolution requirements. Defendant countered by arguing the dispute resolution clause was inapplicable and alternatively moved to amend its counterclaims. The Court ultimately denied Plaintiff's motion to dismiss, ruling that the dispute resolution clause did not apply to counterclaims in an already ongoing action, and granted Defendant's motion to amend its counterclaims.

Breach of ContractIndemnificationDeclaratory JudgmentCounterclaimsMotion to DismissLeave to AmendDispute Resolution ClauseContractual InterpretationFederal Civil ProcedureIntellectual Property Infringement
References
43
Case No. ADJ9743291
Regular
Nov 06, 2018

CDWARD DE LA ROSA vs. ALL AREA PLUMBING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Edward De La Rosa's removal petition, finding the WCAB lacks jurisdiction over his claim. De La Rosa failed to timely dispute his claim denial through the mandatory Alternative Dispute Resolution (ADR) process, as required by his union's agreement. Specifically, he did not request a Qualified Medical Evaluator within the prescribed 30-day period after receiving notice of denial. This failure to follow the ADR procedures, including timely dispute resolution steps, bars the WCAB from adjudicating the merits of his injury claim.

RemovalLabor Code section 5301Petition for RemovalDue ProcessJurisdictionADR ProgramCertified RecordApplication for AdjudicationPetition to DismissQualified Medical Evaluator
References
1
Case No. 2025 NYSlipOp 01801 [236 AD3d 1020]
Regular Panel Decision
Mar 26, 2025

Matter of Borgia v. SCO Family of Servs.

The case involves a dispute between the Roman Catholic Diocese of Brooklyn Workers' Compensation Trust (Trust) and SCO Family of Services (SCO) over an unpaid assessment. SCO, a former member of the Trust, was assessed $3.45 million for the Trust's deficit. After making partial payments, SCO sought to verify the assessment, leading the Trustees to initiate a proceeding to enforce an alternative dispute resolution provision. The Supreme Court dismissed the proceeding based on the statute of limitations. The Appellate Division reversed, finding a question of fact as to whether SCO's 2014 partial payment renewed the statute of limitations and whether an installment payment plan was agreed upon. The court also rejected SCO's public policy argument against the dispute resolution provision, remitting the matter for further proceedings.

Alternative Dispute ResolutionContract EnforcementStatute of LimitationsPartial PaymentWorkers' Compensation TrustGroup Self-InsuranceAppellate ReviewQuestion of FactInstallment PaymentsPublic Policy
References
16
Case No. ADJ7188251; ADJ7188272
Regular
Mar 08, 2013

Raymond Mark vs. City of Los Angeles

This case involves a petition by applicant Raymond Mark to resubmit or remove two workers' compensation cases, alleging the City of Los Angeles refused to fund an arbitrator. The Appeals Board dismissed the petition for three reasons: no arbitrator decision existed for review, the underlying claims were previously dismissed giving the Board no jurisdiction, and the Board lacks jurisdiction over disputes concerning the administration of the Alternative Dispute Resolution Agreement itself. The Board concluded that the applicant's recourse for funding disputes lies in collective bargaining, arbitration, or petitioning the Administrative Director to decertify the agreement.

Petition for ResubmissionADR CasesL.C. § 3201.7ADR ARB IVCity of Los AngelesFunding ArbitratorOpinion and Order Granting ReconsiderationDecision After ReconsiderationOrder of DismissalJurisdiction
References
0
Case No. ADJ8098049
Regular
Oct 01, 2013

SEZETTE DUBAY, as conservator for CARI PILLO on behalf of JOHN PILLO (deceased) vs. CONTRA COSTA ELECTRIC, INC., insured by AMERICAN CASUALTY COMPANY OF REDDING, PENNSYLVANIA, Adjusted by SEDGWICK CMS, et al.

This case concerns whether a deceased employee's death benefit claim falls under an Alternative Dispute Resolution (ADR) carve-out agreement. The defendant argued that arbitration agreements bind non-signatories and should apply to death benefits, likening them to derivative wrongful death claims. However, the Appeals Board affirmed the WCJ's decision, finding Labor Code section 3201.5 clearly limits ADR to disputes "between employees and employers." The Board reasoned that a dependent's claim for death benefits is an independent statutory right, not a dispute between an employee and employer, thus outside the scope of the ADR carve-out.

ADR carve-outnon-signatorywrongful death claimdependentsemployee definitionLabor Code 3201.5collective bargaining agreementinter vivos benefitsarbitrationWCJ
References
11
Case No. ADJ11364300
Regular
May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer
References
1
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