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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
May 12, 1989

Widawski v. United Beef Packers, Inc.

The Supreme Court, Bronx County, affirmed an order denying the defendant's motion for summary judgment. Defendant United Beef Packers failed to sufficiently establish its defense as a matter of law. Material issues of fact exist regarding whether United Beef Packers had severed all ties to the Indiana meat-packing plant where the plaintiff sustained injury on September 7, 1986. This injury occurred before the plaintiff’s employer, Hebrew National Kosher Foods, Inc., moved its operation there. The various depositions did not resolve whether the plaintiff’s sole remedy lies against Hebrew National based on workers’ compensation.

Summary JudgmentWorkers' CompensationMaterial Issues of FactCorporate LiabilitySevered TiesMeat-packing PlantEmployer ResponsibilityPersonal InjuryAppellate DecisionSupreme Court
References
1
Case No. MISSING
Regular Panel Decision
Jan 09, 2003

Almonte v. Western Beef, Inc.

Ramon Almonte was injured in a workplace accident involving a garbage compactor and received workers’ compensation benefits as an employee of Western Beef, Inc. He and his wife later sued Western Beef, Western Beef Retail, Inc., and Western Beef-Metropolitan Avenue, Inc., for personal injuries. Western Beef was dismissed due to workers' compensation exclusivity. Western Beef Retail and Western Beef-Metropolitan Avenue, Inc. moved for summary judgment, arguing worker's compensation bar or corporate dissolution, respectively. The Supreme Court denied their motion. On appeal, the order was modified to grant summary judgment for Western Beef-Metropolitan Avenue, Inc., as it was dissolved before the accident. The denial of summary judgment for Western Beef Retail was affirmed, as its alter ego argument was not properly raised and lacked sufficient evidence.

Personal injurySummary judgmentCorporate dissolutionAlter ego doctrineEmployer liabilityAppellate reviewConsolidated actionWorkplace accidentGarbage compactorExclusivity defense
References
10
Case No. MISSING
Regular Panel Decision

Kenosha Beef International, Inc. v. McCook Boxed Beef Corp. (In re McCook Boxed Beef Corp.)

Bankers Trust Company applied for an injunction to prevent Kenosha Beef International from pursuing a New York State Supreme Court action. Bankers Trust argued that the issues had already been resolved against Kenosha by an examiner appointed in a related Chapter 11 bankruptcy case of McCook Boxed Beef Corp. Kenosha countered that it had not received a full and fair opportunity to litigate the matter. The Bankruptcy Court examined the applicability of res judicata and collateral estoppel, recognizing its power to enjoin state court actions under 28 U.S.C. § 2283. While res judicata was deemed inapplicable, the Court, exercising its discretion, refrained from applying collateral estoppel. Consequently, Bankers Trust's motion for an injunction was denied.

Injunctive ReliefBankruptcy LawRes JudicataCollateral EstoppelAnti-Injunction ActFederal vs. State Court JurisdictionExaminer's ReportFraud AllegationsCreditor DisputeChapter 11 Proceedings
References
11
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
2
Case No. MISSING
Regular Panel Decision
May 23, 2012

Claim of Malave v. Beef & Bourbon, LLC

On June 14, 2008, a claimant suffered catastrophic injuries in an employer-sponsored van crash while returning home from work. A workers' compensation claim was filed, naming Beef & Bourbon, LLC and Tacos Ricos as putative employers. Initially, a Workers' Compensation Law Judge found both entities liable, with the claimant working for Tacos Ricos on the accident night. However, the Workers’ Compensation Board modified this, determining insufficient evidence linked claimant to Tacos Ricos on that night, thus making Beef & Bourbon solely responsible. Beef & Bourbon appealed this amended decision. The Court affirmed the Board's decision, finding substantial evidence supported that the claimant was employed by Beef & Bourbon on the night of the accident.

Workers' CompensationEmployer-Employee RelationshipSubstantial EvidenceMultiple EmployersWork-Related InjuryVan CrashTraumatic Brain InjuryPersistent Vegetative StateHearsay TestimonyBoard Decision Appeal
References
9
Case No. FRE 0233278
Regular
Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.

Workers' Compensation Appeals BoardDelia G. WilsonBeef PackersInc.Zurich InsuranceGallagher Bassett ServicesInc.Compromise and ReleaseOrder Approving Compromise and ReleasePermanent Disability Advances
References
0
Case No. ADJ7177577, ADJ7698472
Regular
Jun 25, 2012

JUAN MENDOZA vs. AMERICAN BEEF PACKERS, BARRETT BUSINESS SERVICES, INC.

This case involves applicant Juan Mendoza's workers' compensation claims for a specific back and leg injury on September 3, 2009, and cumulative trauma from November 1, 2009, to December 28, 2009. The Appeals Board granted reconsideration, rescinded the trial judge's findings, and returned the matter for further proceedings. The Board found that the Qualified Medical Evaluator's report was not substantial evidence and ordered the evaluator to re-evaluate the cumulative trauma claim considering the applicant's entire employment history as a butcher. Furthermore, the Board indicated a need for further development of the record regarding the statute of limitations and post-termination claim issues.

Workers' Compensation Appeals BoardReconsiderationFindings of FactQualified Medical EvaluatorSubstantial EvidenceLabor Code Section 5405Labor Code Section 3600(a)(10)Post-termination ClaimStatute of LimitationsCumulative Trauma
References
0
Case No. ADJ8979705
Regular
Oct 01, 2016

VENANCIO GALLEGOS vs. ROSE & SHORE RITE WAY RR MEAT PACKERS, INCORPORATED/RITE-WAY MEAT PACKERS, INCORPORATED, EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order to further develop the record. This decision was based on the WCJ's premature order to depose the original PQME, Dr. Steiger, before ruling on whether his reports were admissible. The Board found that requiring this deposition without a ruling on Dr. Steiger's availability would be premature and cause irreparable harm. The case is returned to the trial level for a status conference before a new judge to address the PQME dispute and other issues.

Petition for RemovalVacating SubmissionPQME depositionMedical report admissibilityCross-examinationWCJ orderWorkers' Compensation Appeals BoardRecord developmentPrecedentIrreparable harm
References
3
Case No. MISSING
Regular Panel Decision

Claim of Noto v. Ford Motor Co.

A claimant who worked as a welder for 26 years developed a 30.6% binaural hearing loss attributed to high noise levels during employment. The Workers’ Compensation Board found the self-insured employer entirely responsible for this loss. The employer appealed, arguing that a portion of the disability was attributable to the claimant's previous employment with Growers & Packers Cooperative & Canning Company. The appellate court affirmed the Board's decision, citing Workers’ Compensation Law § 49-ee (1), which holds the last employer liable for total compensation for hearing loss unless specific conditions for apportionment are met and proven. Despite the employer conducting a preplacement hearing examination and notifying Growers & Packers, the court found insufficient evidence to establish a causal link between any preexisting hearing loss and the prior employment, siding with the claimant's testimony. The employer's other contentions, including a request for further record development, were deemed without merit.

Hearing LossOccupational DiseaseWorkers' CompensationApportionmentLast Employer LiabilityPreplacement ExaminationNoise ExposureEmployer LiabilityAppellate ReviewSubstantial Evidence
References
2
Case No. MISSING
Regular Panel Decision
Mar 05, 1999

Bonilla v. Western Beef Inc.

The plaintiffs, including Concepcion Bonilla, appealed an order from Supreme Court, Queens County, which granted summary judgment to the defendant in a personal injury action. Bonilla fell in a puddle from a freezer case in the defendant's store. The appellate court reversed the order, denying the defendant's motion and reinstating the complaint. The court found a triable issue of fact existed as to whether the puddle had been present for a sufficient time for the defendant to discover and remedy the condition before the accident.

Personal InjurySlip and FallPremises LiabilitySummary JudgmentNegligenceAppellate ReviewTriable Issue of FactConstructive NoticeRetail EnvironmentWater Hazard
References
6
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