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

Case No. ADJ2919812 (SBA 0083997)

Regular

Oct 05, 2009

Barbara Santos vs. COUNTY OF SANTA BARBARA

The WCAB denied the defendant's petition for reconsideration, affirming the WCJ's determination that the defendant did not provide the applicant with adequate notice of her workers' compensation rights. The CWCI pamphlet provided was deemed inadequate.

Workers' Compensation Appeals BoardPetition for ReconsiderationEstoppelStatute of LimitationsAffirmative DefenseDWC-1 Claim FormApplication for Adjudication of ClaimCumulative TraumaIndustrial InjuryPsyche

References

Case No. MISSING

Regular Panel Decision

Dec 23, 1975

McIntyre v. Bakers For A Democratic Union

This case involves an appeal from an order denying the defendants' motion to dismiss a libel complaint. The Supreme Court, Bronx County, initially denied the motion to dismiss the complaint for legal insufficiency or for summary judgment, and also denied dismissal against defendant Caprio for lack of jurisdiction. The appellate court modified the order, dismissing the action against Caprio due to lack of jurisdiction, as he was served in New Jersey and had no New York ties. The court otherwise affirmed the denial of dismissal, finding that the subject matter of the allegedly false and indiscriminately distributed pamphlets, viewed in context of opposing affidavits, was sufficient to raise a triable issue as to actual malice. Justice Murphy dissented in part, arguing for dismissal against all appellants, asserting the leaflet targeted union officers, not the union, and that the alleged defamation arose from an intraunion dispute protected by the Labor Management Reporting and Disclosure Act. He further contended that plaintiffs failed to show actual malice with convincing clarity, as required by New York Times Co. v Sullivan.

LibelDefamationJurisdictionSummary JudgmentLabor LawUnion DisputeActual MaliceFirst AmendmentCPLRUS Code

References

Case No. MISSING

Regular Panel Decision

Paulsen v. Lehman

Mitch Paulsen, director of Mitch Paulsen Outreaches, sought a preliminary injunction against the New York State Office of Parks, Recreation and Historic Preservation (SOP) after his request to distribute religious pamphlets at Jones Beach State Park on September 1, 1990 (Labor Day weekend) was denied. SOP cited a policy of not issuing permits on holiday weekends due to staffing shortages and strained resources. The Court, presided over by District Judge Spatt, found that SOP failed to establish a legitimate governmental interest for a total ban on leaflet distribution and that the alternative channels of communication offered were inadequate. Consequently, the Court granted Paulsen's application for a preliminary injunction, ordering SOP to issue a permit allowing him and two associates to distribute literature in the mosaic area of Jones Beach on September 1, 1990, from 11:00 a.m. to 2:00 p.m., with a condition for cleanup. The ruling was limited to this specific request, without determining the constitutionality of the overall holiday weekend policy.

First AmendmentPreliminary InjunctionFreedom of SpeechReligious ExpressionPublic Forum DoctrineJones Beach State ParkPermit DenialContent NeutralityNarrow TailoringAlternative Channels of Communication

References

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Barbara Santos vs. COUNTY OF SANTA BARBARA

McIntyre v. Bakers For A Democratic Union

LibelDefamationJurisdictionSummary JudgmentLabor LawUnion DisputeActual MaliceFirst AmendmentCPLRUS Code

Paulsen v. Lehman