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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

Claim of Rondon v. Manhattan & Bronx Surface Transit Operating Authority

Claimant, a bus driver, was injured in 2007 and subsequently received workers' compensation benefits for an eight-month period. The self-insured employer challenged these benefits under Workers' Compensation Law § 114-a, alleging the claimant worked during the disqualification period and attempted to introduce video evidence. The Workers' Compensation Law Judge (WCLJ) refused to admit the video due to lack of authentication by the investigator who filmed it, eventually closing the record when the employer failed to produce all necessary investigators. While the Workers' Compensation Board ruled that the investigator's testimony wasn't strictly necessary for authentication, it upheld the WCLJ's closure of the record because the employer hadn't appealed the initial authentication ruling and failed to present all investigators. Consequently, the Board remitted the case for a determination on claimant's disqualification, a decision which the employer appealed, but the appellate court dismissed the appeal as an interlocutory order that did not resolve all substantive issues.

Appeal DismissalInterlocutory OrderEvidence AuthenticationVideo FootageClaimant BenefitsEmployer LiabilityAdministrative ReviewRecord ClosureAppellate ProcedureWorkers' Compensation Law § 114-a
References
2
Case No. 2019-06-2251
Regular Panel Decision
Feb 08, 2022

Guatemala, Concepion v. Tyson Foods, Inc.

Mr. Guatemala, an employee of Tyson Foods, Inc., sustained a lower back injury on August 1, 2019, while driving a truck. He sought continuing medical treatment and reimbursement for past medical expenses. The court granted his request for ongoing treatment from Dr. Jeffrey Hazlewood, which Tyson Foods agreed to provide. However, his claim for reimbursement of past medical expenses, incurred from unauthorized providers, was denied due to lack of admissible proof and authentication of the bills. The decision highlighted the importance of authenticating medical bills and proving their relation to the work injury for reimbursement.

Workers' CompensationMedical TreatmentReimbursementBack InjuryLumbar SprainMaximum Medical ImprovementAuthorized PhysicianMedical ExpensesProof of LossTennessee Court of Workers' Compensation Claims
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rosenblum & Southeastern Clothing Corp.

This case addresses whether Morris A. Scharff, individually, contracted in writing to arbitrate with the Amalgamated Clothing Workers of America, AFL-CIO. Scharff, as president and sole stockholder of Southeastern Clothing Corp., signed a supplemental collective bargaining agreement. The Union sought arbitration, but Southeastern Clothing Corp. and Scharff moved for a stay of arbitration as to Scharff personally. The court found that Scharff's signature as 'Pres.' was insufficient to bind him individually, emphasizing the need for 'clear and explicit evidence' to superadd personal liability to a disclosed principal-agent relationship. Consequently, the court concluded that Morris Scharff, individually, did not contract in writing to arbitrate.

Arbitration AgreementPersonal LiabilityCorporate OfficerSole StockholderPrincipal-Agent RelationshipCollective BargainingStay of ArbitrationContract InterpretationLabor LawNew York Courts
References
5
Case No. MISSING
Regular Panel Decision

Tenpenny v. Batesville Casket Co.

This is a direct appeal concerning Workers' Compensation benefits awarded to Loyd Tenpenny against Batesville Casket Company. Tenpenny, a truck driver, suffered an injury in 1987 and initially received Sickness and Accident benefits before seeking Workers' Compensation. The employer contested the award, arguing Tenpenny failed to provide timely notice of a work-related injury and that medical expenses were not properly authenticated. The appellate court affirmed the trial court's decision, finding that Tenpenny had adequately informed the company nurse about his work-related injury. The court also ruled that the employer waived its objection regarding the authentication of medical expenses due to an improper objection during trial.

Workers' CompensationNotice RequirementMedical ExpensesPermanent Partial DisabilityEmployer LiabilityActual KnowledgeStatutory InterpretationAppellate ReviewCredibilityEvidence
References
7
Case No. MISSING
Regular Panel Decision
Nov 26, 1996

Gelb v. Board of Elections in the City of New York

Plaintiff Irving Gelb challenged the New York State Board of Elections, alleging violations of his federal and state rights during the 1993 Bronx County Democratic Party primary and general election. Gelb, a write-in candidate, claimed the Board failed to properly inform voters about write-in options and provide necessary means like ballot space and pencils. The defendants moved for summary judgment, which the court granted, while denying Gelb's motion. The court found that the alleged election irregularities did not amount to pervasive unfairness or intentional discrimination to constitute a federal constitutional violation under due process or equal protection clauses, and adequate state remedies were available. Consequently, the federal claims were dismissed, and the court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice.

Election LawWrite-in VotingConstitutional RightsDue ProcessEqual ProtectionSummary JudgmentFederal JurisdictionState Law ClaimsAbstention DoctrineVoting Irregularities
References
31
Case No. MISSING
Regular Panel Decision

Gelb v. Board of Elections

Plaintiff Irving A. Gelb (pro se) filed a case ("Gelb II") against the Board of Elections in the City of New York and its individual members and employees, alleging violations of his First and Fourteenth Amendment rights concerning write-in voting procedures in the 1997 elections for Bronx Borough President. This case mirrored an earlier, unsuccessful action ("Gelb I") regarding the 1993 elections. Gelb claimed that the Board failed to provide adequate means or instructions for write-in voting, particularly in primary elections without an "opportunity to ballot" petition. The court denied Gelb's motions for summary judgment and granted the defendants' cross-motion, ruling that the Board's procedures were constitutionally permissible, that no pervasive unfairness was demonstrated, and that sufficient state law remedies were available. Consequently, his state law claims were also dismissed.

Election LawWrite-in VotingSummary JudgmentFederal ClaimsState Law RemediesDue ProcessEqual ProtectionFirst AmendmentFourteenth AmendmentPro Se Litigant
References
24
Case No. 13-14-00404-CV
Regular Panel Decision
Aug 31, 2015

Luis Baldemar Rios Hernandez A/K/A Arturo Rios v. W-S Industrial Services, Inc.

Luis Baldemar Rios Hernandez (Rios) appealed a summary judgment granted in favor of W-S Industrial Services, Inc. (WSI). Rios was injured while working as a temporary employee for WSI, supplied by A.R. Management. He sued WSI, but WSI sought summary judgment, arguing his claims were barred by the exclusive remedy provision of the Texas Workers' Compensation Act (TWCA), contending Rios was a 'borrowed servant' and WSI had workers' compensation insurance. Rios challenged the authentication of WSI's insurance policy and disputed his employment status. The appellate court affirmed the trial court's decision, finding that WSI sufficiently authenticated its insurance policy and that Rios's own testimony established WSI's right to control the details of his work, thus confirming his status as a borrowed employee for TWCA purposes. Therefore, Rios's claims were barred by the exclusive remedy provision.

Summary JudgmentExclusive Remedy ProvisionWorkers' Compensation ActBorrowed Servant DoctrineEmployment StatusAuthentication of EvidenceAppellate ReviewTexas Labor CodeRight of ControlTemporary Employment Agency
References
23
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. 04-10-00070-CV
Regular Panel Decision
Dec 10, 2010

in Re K.L. & J. Limited Partnership and David Torres, Relators

This original mandamus proceeding, brought by K.L. & J. Limited Partnership and David Torres (relators and defendants in the underlying case), challenges several discovery rulings made by the trial court in a lawsuit filed by Bella Viveros. The relators sought to compel Viveros to answer deposition questions regarding her citizenship and social security number authenticity, and to amend her petition to include social security information. They also contested the quashing of deposition notices for Viveros's prior employment records. The appellate court conditionally granted mandamus relief in part, directing the trial court to compel answers regarding the authenticity of Viveros's social security number and to withdraw the protective order concerning employment records, finding the trial court abused its discretion in these areas. However, relief was denied regarding citizenship questions and amending the petition, as relators failed to demonstrate an adequate remedy by appeal for the former, and the court found no abuse of discretion for the latter.

MandamusDiscovery DisputeSocial Security NumberEmployment RecordsMotion to CompelProtective OrderAbuse of DiscretionAppellate ReviewTrial Court ErrorSexual Harassment
References
9
Case No. ADJ7219667
Regular
Feb 13, 2015

MARK JOHNSON vs. CITY OF LOS ANGELES, DEPARTMENT OF AIRPORTS

The Workers' Compensation Appeals Board (WCAB) granted the applicant Mark Johnson's petition for reconsideration of a prior decision. The WCAB requires further study of the factual and legal issues to issue a just decision. All future filings must be submitted in writing to the WCAB Commissioners' office, not district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemLevy Ford WallachLos Angeles City Attorney
References
0
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