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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

Szucs v. Committee of Interns and Residents

Paul Szucs, a physician at Bronx Municipal Hospital Center (BMHC), sued the Committee of Interns and Residents (CIR), a labor union, under 42 U.S.C. § 1983, alleging a conspiracy with BMHC to deny his collective bargaining rights and force his resignation. He also brought several state law claims. Szucs claimed CIR representatives conspired with BMHC to frustrate his grievance and arbitration attempts after he was fired from his residency program for alleged attendance issues. The court granted CIR's motion for summary judgment on the § 1983 claim, finding no evidence of a conspiracy between CIR and BMHC, and no evidence that CIR acted under color of state law or had a policy to conspire. The court dismissed the federal claim and remanded the remaining New York State common law claims for breach of contract, breach of duty of fair representation, gross negligence, breach of fiduciary duty, and concerted action to state court. The court reserved decision on motions for attorneys' fees and costs, referring them to a Magistrate Judge.

Civil RightsSection 1983Labor LawCollective Bargaining AgreementDue ProcessConspiracySummary JudgmentState Law ClaimsRemandAttorneys' Fees
References
15
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
1
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