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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

Washington Heights—West Harlem—Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This District Court opinion addresses motions by the Washington Heights Mental Health Council to amend its complaint and by District 1199 to enforce an arbitration award. Previously, the court vacated an award reinstating Edward Lane with back pay, but the Second Circuit reversed and remanded. The court now finds an oral collective bargaining agreement existed, generally requiring enforcement of the arbitration award. However, new serious allegations against Lane, if proven, could justify discharge. A strong public policy against reinstating a mental health worker accused of sexually molesting patients warrants staying his reinstatement pending arbitration of these new claims. Despite this, the court orders the Council to comply with the back pay portion of the arbitration award, finding no public policy violation in that aspect.

Arbitration Award EnforcementCollective Bargaining AgreementBack PayReinstatement StayedSexual Misconduct AllegationsPublic Policy ExceptionLabor DisputeAmended ComplaintFederal Rules of Civil ProcedureRemand Order
References
11
Case No. ADJ5487199 ADJ5087748 ADJ8108959 ADJ8253201
Regular
Oct 09, 2017

AVIGAIL URUETA vs. NORTHROP CORPORATION, AIG, FREMONT INDEMNITY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a November 28, 2016 Joint Findings and Award. Subsequently, the Workers' Compensation Judge (WCJ) issued an Amended Joint Findings and Award on January 4, 2017, within the permissible 15-day window for amendments. Since no further petitions for reconsideration were filed regarding the amended decision, the WCAB vacated its initial grant of reconsideration. Consequently, the petitions for reconsideration of the original award are dismissed.

Workers' Compensation Appeals BoardNorthrop CorporationAIGFremont IndemnitySedgwick CMSPetition for ReconsiderationJoint Findings and AwardAmended Joint Findings and AwardWCJWCAB Rule 10859
References
0
Case No. MISSING
Regular Panel Decision
Jul 18, 2001

Dutton v. Charles Pankow Builders, Ltd.

This case involved an amended judgment from the Supreme Court, New York County, concerning personal injury damages awarded to two construction workers. The judgment apportioned liability 20% against the general contractor and 80% against the subcontractor/employer. The court reviewed post-trial motions from the subcontractor to dismiss a contractual indemnification claim by the general contractor and motions from both parties to set aside future lost earnings awards as excessive. The court unanimously affirmed the amended judgment, finding the indemnification clause enforceable as it allowed for partial, not full, indemnification. The apportionment of liability was also upheld, supported by evidence of negligence from both the general contractor and the subcontractor. Additionally, the court found the awards for future lost earnings, including evidence of reasonably certain wage increases and application of CPLR 5041 (e) adjustment, to be proper.

Construction injuryPersonal injury damagesContractual indemnificationLiability apportionmentLost earnings awardGeneral contractor negligenceSubcontractor negligenceIndemnification clause enforceabilityStatutory interpretationAppellate review
References
4
Case No. ADJ4094302 (AHM 0101287)
Regular
Jun 08, 2010

ROBERT STAMPS vs. KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER JOINT VENTURE; AIG SERVICES, INC.

This case concerns a supplemental attorney's fee award for the applicant's attorney, John M. Urban, under Labor Code §5801. The Court of Appeal denied the defendant's petition for writ of review, finding no reasonable basis and remanding for attorney's fees. Applicant's attorney requested $5400.00 for 18 hours of work at $300 per hour, which the Board found reasonable. The Board awarded the requested amount to John M. Urban against the defendant joint venture.

ADJ4094302SUPPLEMENTAL ATTORNEY'S FEESLABOR CODE §5801Court of Appeal Fourth Appellate Districtpetition for writ of reviewno reasonable basisremandattorney's feesapplicant's attorneyJohn M. Urban
References
1
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision
Nov 16, 1990

Continental Building Co. v. Town of North Salem

This case concerns an amended order regarding the award of attorney's fees under 42 USC § 1988. The court re-affirmed its previous finding that the plaintiff was a 'prevailing party' and that no 'special circumstances' existed to deny the award, rejecting arguments regarding defendants' good faith, plaintiff's financial ability, or third-party contributions. The court then determined the reasonableness of the fees, finding the hours expended and the hourly rate to be appropriate. Despite the 'lodestar fee' calculation, the court, exercising its discretion, reduced the final award to prevent overpricing litigation, ultimately granting $318,977.78 in attorney's fees and $73,022.22 in disbursements and expenses.

Civil RightsAttorney's FeesPrevailing PartySpecial CircumstancesLodestar MethodDisbursementsExpert Witness FeesSection 1983Section 1988Exclusionary Zoning
References
32
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. ADJ1345740 (SAC 0301597), ADJ1463350 (SAC 0208354), ADJ9232740, ADJ10057182
Regular
Dec 02, 2019

LESLIE MEADOWS vs. BRIDGESTONE, NATIONAL UNION FIRE INSURANCE, DELTA TRUCK CENTER, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, LARRY CAIN'S COLLISION CENTER, ZENITH INSURANCE COMPANY

The Appeals Board affirmed the WCJ's decision, only amending the Amended Joint Findings of Fact, Award, and Order to correct two clerical errors. These errors involved the stated value of the applicant's 13% permanent disability award and the correct adjudication number. The Board reiterated that it has jurisdiction to enforce medical treatment awards, even for conditions arising more than five years post-injury, if they are compensable consequences of the original injury.

Workers Compensation Appeals BoardReconsiderationFurther Medical TreatmentCompensable ConsequenceDate of InjuryPetition for ReconsiderationAmended Joint Findings of FactAwardOrderClerical Error
References
9
Case No. ADJ1353365
Regular
Sep 16, 2008

MARIA GUILLEN vs. LE MERIGOT HOTEL; ARROWPOINT CAPITAL CORPORATION; MARRIOTT INTERNATIONAL/HOLLYWOOD RENAISSANCE HOTEL

The WCAB granted reconsideration, affirming the June 25, 2008 Findings and Award but amending it to be a Joint and Several Findings and Award and appointing Le Merigot as administrator.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardJoint and SeveralLe Merigot HotelArrowpoint Capital CorporationMarriott InternationalHousekeeperIndustrial InjuryNeck Injury
References
0
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