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

Case No. ADJ1543435

Regular

Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner

References

Case No. MISSING

Regular Panel Decision

Apr 17, 1986

People v. Bernier

This case addresses a defendant's appeal challenging his conviction for robbery and weapon possession. The primary issue revolves around the prosecution's failure to provide timely notice of a witness's out-of-court identification, as mandated by CPL 710.30. The court found that the trial court erred by eventually allowing the in-court identification, even with an independent source, because a CPL 710.30 violation requires exclusion of both out-of-court and in-court identifications. Consequently, the judgment was reversed, and a new trial was ordered for one count, while others were dismissed without prejudice for re-presentation to a Grand Jury. The appellate court also determined that the defendant's right to a speedy trial was not violated.

Criminal Procedure LawIdentification TestimonyPreclusion SanctionWade HearingShowup IdentificationIndependent Source DoctrineSpeedy TrialRobberyCriminal Possession of WeaponGrand Jury Proceedings

References

Case No. MISSING

Regular Panel Decision

Nov 14, 2002

Bernier v. Gabriel Contracting

The plaintiff, a carpenter employed by K & C Construction Corporation (subcontractor), sustained injuries in a fall from an unsecured ladder while working at a construction site managed by Gabriel Contracting (general contractor). The Supreme Court initially granted summary judgment to both defendants, dismissing the personal injury complaint, based on the plaintiff being a special employee of Gabriel, and denied the plaintiff's cross-motion on Labor Law § 240 (1) liability. On appeal, the order was modified; the appellate court denied the defendants' motions for summary judgment, finding a factual dispute regarding the special employment relationship and thus reinstating the complaint. However, the appellate court affirmed the denial of the plaintiff's cross-motion for summary judgment on liability, citing an issue of fact as to whether the fall was a substantial factor in the injuries.

Personal InjuryConstruction Site AccidentSummary Judgment AppealSpecial EmploymentWorkers' Compensation LawLabor Law § 240(1)General Contractor LiabilitySubcontractor LiabilityLadder FallScaffold Safety

References

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Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

People v. Bernier

Criminal Procedure LawIdentification TestimonyPreclusion SanctionWade HearingShowup IdentificationIndependent Source DoctrineSpeedy TrialRobberyCriminal Possession of WeaponGrand Jury Proceedings

Bernier v. Gabriel Contracting