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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4112217 (ANA 0344909)
Regular
Dec 17, 2012

ANGEL MARTINEZ vs. KELLY SERVICES; CNA

The Workers' Compensation Appeals Board dismissed Angel Martinez's petition for reconsideration as untimely. The petition was filed on October 25, 2012, significantly after Martinez admits having notice of the WCJ's March 8, 2012, Findings and Award on July 5, 2012. California law requires petitions for reconsideration to be filed within twenty days of notice, with limited extensions for mailing. This jurisdictional deadline was not met, thus precluding the Board from granting the petition.

Petition for ReconsiderationUntimelyDismissedLabor Code section 5903WCAB Rule 10507JurisdictionalFindings and AwardNoticeWCJ's decisionADJ4112217
References
7
Case No. 2021 NY Slip Op 03412 [195 AD3d 419]
Regular Panel Decision
Jun 01, 2021

Martinez v. 214 W. 39th St. LLC

The Appellate Division, First Department, affirmed the Supreme Court's order granting summary judgment to 214 West 39th Street LLC, dismissing Luis Martinez's complaint. The court found that Martinez was a 'special employee' of the defendant. Undisputed evidence, including Martinez's own testimony, demonstrated that the defendant's superintendent supervised and directed Martinez's work, thereby establishing the defendant's exclusive control over the plaintiff's work. Consequently, the plaintiff's complaint against the defendant is precluded by Workers' Compensation Law §§ 11 and 29 (6).

Special EmployeeSummary JudgmentWorkers' Compensation LawAppellate DivisionLabor LawEmployer ControlPersonal InjuryBronx CountyPlaintiff's TestimonyExclusive Remedy
References
2
Case No. ADJ7138854, ADJ7135575
Regular
Mar 15, 2013

EVA PATRICIA MARTINEZ vs. HEALTH CARE SERVICES GROUP, ZURICH LOS ANGELES

This case concerns Eva Patricia Martinez and her workers' compensation claims against Health Care Services Group and Zurich Los Angeles. A petition for reconsideration of a December 20, 2012 decision was filed. However, the petitioner has since withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition for reconsideration.

Petition for ReconsiderationDismissedWithdrawn PetitionerWorkers' Compensation Appeals BoardZurich Los AngelesHealth Care Services GroupADJ7138854ADJ7135575
References
0
Case No. MISSING
Regular Panel Decision

Martinez v. Caravan Transportation, Inc.

Plaintiff Angel Martinez filed an action against Caravan Transportation, Inc., Caravan Transit, Inc., and Transport Workers Union, Local 100, alleging violations of ERISA, WARN, LMRA, and RICO. Martinez later withdrew his RICO and most ERISA claims. The defendants sought summary judgment on the remaining LMRA and WARN claims. The court granted summary judgment, determining that Martinez's LMRA claims were barred by the statute of limitations and that he failed to demonstrate the corporate defendants constituted separate entities, which was crucial for his 'follow the work' theory. Furthermore, the court dismissed the WARN claim, finding that Martinez and other employees did not suffer an 'employment loss' as defined by the act, given their prompt re-employment. Requests for attorney's fees from both sides were denied.

Employment LawLabor RelationsERISAWARN ActLMRARICOSummary JudgmentStatute of LimitationsDuty of Fair RepresentationSingle Employer Doctrine
References
19
Case No. MISSING
Regular Panel Decision

Martinez v. Davis Polk & Wardwell LLP

Eunice Martinez sued her former employer, Davis Polk & Wardwell LLP, alleging discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. Martinez claimed she was denied promotions/upgrades, received discriminatory annual raises, and experienced retaliation for filing a charge with the EEOC. The court applied the McDonnell Douglas burden-shifting analysis to her claims. It found Martinez failed to establish a prima facie case for failure to promote/upgrade due to insufficient evidence regarding comparable qualifications and job duties. Her claim of raise discrimination was also denied because her comparators held managerial positions, unlike her. Finally, the retaliation claim was dismissed as adverse job actions predated her protected activity. Consequently, Davis Polk's motion for summary judgment was granted.

DiscriminationRetaliationTitle VIISection 1981Summary JudgmentFailure to PromoteUnequal PayEEOC ComplaintMcDonnell Douglas TestEmployment Law
References
20
Case No. CV-23-1320
Regular Panel Decision
Jan 09, 2025

In the Matter of the Claim of Victor Martinez

Claimant Victor Martinez, a pan boiler operator, tested positive for COVID-19 in December 2020 after interacting with a co-worker and filed a workers' compensation claim. The employer and carrier controverted the claim, arguing it did not arise from employment. The Workers' Compensation Board established the claim, finding Martinez contracted COVID-19 through specific workplace exposure, a decision later affirmed. The Appellate Division upheld the Board's determination, citing substantial evidence, including the claimant's direct contact with an infected co-worker (R.H.) and limited outside exposure. The court emphasized that a compensable accident occurs when COVID-19 is contracted as an unusual hazard in the workplace, and the Board's crediting of claimant's testimony was within its prerogative.

Workers' CompensationCOVID-19 ExposureAccidental InjuryCourse of EmploymentSubstantial EvidenceAppellate ReviewWorkplace HazardCausal ConnectionSpecific ExposureBoard Determination
References
10
Case No. 2025 NY Slip Op 00129 [234 AD3d 1069]
Regular Panel Decision
Jan 09, 2025

Matter of Martinez v. Domino Foods, Inc.

Claimant Victor Martinez, a pan boiler operator, tested positive for COVID-19 on December 23, 2020, after alleged exposure from a coworker at his sugar factory workplace. He subsequently filed a workers' compensation claim. The employer and its carrier controverted the claim, arguing he did not sustain a compensable accident. Following hearings, a Workers' Compensation Law Judge established the claim, which was affirmed by the Workers' Compensation Board. The Appellate Division affirmed, finding substantial evidence that Martinez contracted COVID-19 due to a specific workplace exposure, supported by his limited outside contact and the timing of a coworker's positive test.

Workers' CompensationCOVID-19Workplace ExposureAccidental InjuryCausal ConnectionSubstantial EvidenceAppellate ReviewControverted ClaimEmployer LiabilityThird Department
References
7
Case No. 2020 NY Slip Op 02519 [182 AD3d 966]
Regular Panel Decision
Apr 30, 2020

Matter of Martinez v. New York Produce

Claimant Carlos Martinez, a delivery person, filed for workers' compensation benefits in April 2017 due to work-related head injuries. A Workers' Compensation Law Judge (WCLJ) established the claim for a traumatic brain injury but later denied an amendment to include bilateral knee injuries. Martinez, represented by counsel, sought Board review of the WCLJ's August 2018 decision. The Workers' Compensation Board denied this application, citing non-compliance with 12 NYCRR 300.13 (b) as it failed to specify when an objection was interposed. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in deeming the application incomplete.

Workers' CompensationAppellate ReviewAdministrative LawProcedural ComplianceBoard RegulationsApplication for ReviewForm RB-89Objection TimingWCLJ DecisionTraumatic Brain Injury
References
6
Case No. 2020 NY Slip Op 01878 [181 AD3d 1130]
Regular Panel Decision
Mar 16, 2020

Matter of Martinez v. Family Care Servs., Inc.

Martha Martinez, a home attendant, sought review of a Workers' Compensation Law Judge's decision regarding her causally-related disability and attachment to the labor market. The Workers' Compensation Board denied her request for administrative review, citing her failure to fully comply with 12 NYCRR 300.13 (b). Specifically, Martinez, though represented by counsel, did not specify when an objection to the WCLJ's ruling was interposed on the application for Board review (RB-89 form). The Appellate Division, Third Department, affirmed the Board's discretionary denial, concluding that given multiple hearings had occurred, the Board did not abuse its discretion in deeming the response incomplete.

Workers' Compensation ClaimAppellate ReviewAdministrative LawBoard ProcedureApplication IncompletenessDue ProcessJudicial DiscretionRegulatory ComplianceLost WagesDisability Benefits
References
3
Case No. MISSING
Regular Panel Decision

Martinez v. City of New York

Plaintiff Walfredo Martinez, an environmental inspector, was injured after falling from a height while inspecting for asbestos in a school building owned by the City of New York. He sued for common-law negligence and violation of Labor Law § 240 (1), alleging failure to provide safety devices. The Supreme Court denied his motion and granted defendants' cross-motions, finding his inspection work outside the scope of Labor Law § 240 (1). The Appellate Division affirmed this decision. The Court of Appeals further affirmed, ruling that the plaintiff's purely investigatory work, which preceded any actual asbestos removal and was not part of the enumerated activities in Labor Law § 240 (1), did not entitle him to its protection.

Asbestos inspectionFall from heightLabor Law interpretationWorker injuryStatutory scopeSafety devicesInvestigatory workAppellate reviewNew York Court of AppealsConstruction safety
References
8
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