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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

FLOTO v. Manhattan Woods Golf Enterprises, LLC

Plaintiff was fired from Manhattan Woods Golf Club after taking a day off for his dying mother's emergency brain surgery. He sued for FMLA violation and breach of contract. A jury awarded him damages for both claims. Defendants subsequently moved for judgment as a matter of law, arguing the plaintiff failed to adduce evidence that he qualified for FMLA leave. The court granted the defendants' motion regarding the FMLA claim (Count I), finding insufficient evidence that the plaintiff was 'needed to care for' his mother as per FMLA regulations, and dismissed the claim. The motion for reduction of FMLA damages became moot. However, the court denied the defendants' motion for judgment as a matter of law on the breach of contract claim (Count II), upholding the jury's finding that the employer lacked 'reasonable cause' to terminate the plaintiff's employment.

FMLABreach of ContractJudgment as a Matter of LawEmployment LawEmployee TerminationFamily and Medical LeavePsychological CareDamagesPost-trial MotionsRule 50
References
8
Case No. MISSING
Regular Panel Decision

Unite Here Local 100 v. Westchester Hills Golf Club, Inc.

The case involves a dispute between UNITE HERE Local 100 and its President, William Granfield (Petitioners), and Westchester Hills Golf Club, Inc. (Respondent), concerning a labor arbitration award from January 28, 2015. Petitioners sought to confirm the award, which ordered the reinstatement of employee Timothy Cremin with back pay after finding his termination by WHGC to be without just cause and a "Last Chance Agreement" (LCA) unenforceable. Respondent cross-moved to vacate the award, arguing the arbitrator exceeded his authority by disregarding a prior "Final Warning" and invalidating the LCA, and by not considering mitigation of damages. The United States District Court for the Southern District of New York, presided over by Judge Laura Taylor Swain, granted Petitioners' motion to confirm the arbitration award and awarded pre-judgment interest. The court denied Respondent's motion to vacate and also denied Petitioners' request for attorneys' fees and costs, finding the arbitrator acted within the scope of his authority in interpreting the collective bargaining agreement.

Labor DisputeArbitration AwardConfirmationVacaturSummary JudgmentReinstatementBack PayPre-judgment InterestAttorneys' Fees DeniedCollective Bargaining Agreement
References
11
Case No. ADJ3721868 (VNO 0540149), ADJ855172 (VNO 0540146), ADJ671254 (VNO 0540148)
Regular
Sep 05, 2018

AGUSTIN ZENDEJAS vs. CALABASAS GOLF & COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY, VIRGINIA SURETY COMPANY INC., FIRSTCOMP division of MARKEL SERVICE INC, dba MARKEL INSURANCE SERVICE

This case concerns appeals by defendants challenging an award of temporary disability benefits. The Appeals Board granted reconsideration, finding the award inconsistent with stipulated facts and medical evidence, particularly Dr. Alonso's report. The Board amended the findings to state the applicant is not owed temporary disability benefits after July 12, 2007. The issue of an overpayment credit was deferred to a WCJ for further proceedings.

Workers Compensation Appeals BoardAgustin ZendejasCalabasas Golf & Country ClubEmployers Compensation Insurance CompanyVirginia Surety CompanyFirstCompMarkel Service IncPetition for ReconsiderationFindings and AwardTemporary Disability Indemnity
References
0
Case No. ADJ1462284
Regular
Dec 09, 2013

ESEQUIEL TREVISO vs. VISTA VALENCIA GOLF COURSE aka AMERICAN GOLF; CIGA; SEDGWICK CMS for LEGION INSURANCE, in liquidation

This case involves a Petition for Reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because the petitioner was not an aggrieved party and the petition was not properly verified. The dismissal is based on California Labor Code sections 5900, 5903, and 5902.

Petition for ReconsiderationAggrievedUnverifiedDismissalWorkers' Compensation Appeals BoardLab. CodeAdministrative Law JudgeReport and RecommendationLiquidationCIGA
References
0
Case No. ADJ8026721
Regular
Apr 04, 2013

RADU VASELISCU vs. DAYCOM, INC.; TRAVELERS

This case involves a claim for workers' compensation where the applicant was injured playing golf on a Saturday. The defendant argues the injury is not work-related, as golf was a voluntary activity. However, the Workers' Compensation Judge found the applicant's participation was subjectively and objectively reasonable given the employer's expectation to promote company morale and the fact the applicant also performed work duties that day. Therefore, the Judge recommended denial of the defendant's petition for reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COEMandatory golf eventCompany moraleOff-duty recreational activityEzzy testSubjective beliefObjective reasonablenessEmployer-paid expenses
References
5
Case No. MISSING
Regular Panel Decision
Dec 13, 1978

Claim of Cheryl v. State

An appeal was filed from a Workers' Compensation Board decision which reversed a Workers’ Compensation Law Judge’s decision. The Board found that a golf tournament was not employer-sponsored, attendance was voluntary, and employees used leave time. There was no employer control or financial contribution. Consequently, the Board concluded that the decedent's death did not arise out of and in the course of employment. The appellate court affirmed the Board's determination, finding substantial evidence to support its findings and no essential nexus between the golf tournament and the employer.

Workers' Compensation AppealCourse of EmploymentEmployer SponsorshipVoluntary ActivityRecreational ActivityGolf TournamentEmployer ControlNexusDeath ClaimBoard Decision Review
References
3
Case No. MISSING
Regular Panel Decision
Oct 29, 1987

Claim of Peckham v. Peckham Materials Corp.

John Peckham, president of Peckham Materials Corporation, died in a company helicopter crash after a personal golf outing. His widow subsequently filed for workers' compensation benefits. The Workers' Compensation Board determined that Peckham's death did not arise out of and in the course of his employment, citing the personal nature of the golf outing and the helicopter's use for personal purposes. This decision was based on findings that no business was transacted or discussed and that expenses were personally paid. The Appellate Division affirmed the Board's determination, concluding that there was substantial evidence to support their findings.

Workers' CompensationDeath BenefitsCourse of EmploymentAccidentPersonal ActivityHelicopter CrashEmployer LiabilityScope of EmploymentAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Austin v. Cornell University

This age discrimination lawsuit involves plaintiffs Edward W. Austin and Henry L. McPeak, former seasonal golf course rangers, suing Cornell University and individual defendants Richard Costello and William Szabo. Plaintiffs allege age discrimination after Cornell decided not to rehire them for the 1993 golf season. The court denied defendants' motion for summary judgment regarding unlawful refusal to hire, finding genuine issues of material fact concerning discriminatory intent. However, summary judgment was granted for unlawful termination claims, as plaintiffs were seasonal employees. The court also denied the motion to dismiss individual defendants, confirming their potential liability under ADEA given their supervisory control. Finally, the defendants' motion to strike a paragraph referring to settlement discussions was granted.

Age Discrimination Employment Act (ADEA)Summary Judgment MotionUnlawful Refusal to HireSeasonal EmployeesIndividual Supervisor LiabilityPretextual DiscriminationPrima Facie CaseEmployment DecisionCornell UniversityGolf Course Rangers
References
25
Case No. MISSING
Regular Panel Decision

Committee to Preserve Brighton Beach & Manhattan Beach, Inc. v. Planning Commission of New York

This CPLR article 78 proceeding was brought by individual and organizational petitioners, including Sternberg, Torresi, Parisi, Fruchtman, the Committee to Preserve Brighton Beach and Manhattan Beach, Inc., and Centello Towers II, against respondents Family Golf Centers, Inc. and the New York City Department of Parks and Recreation. Petitioners challenged a concession granted to Family Golf for a recreational center in Dreier-Offerman Park, alleging interferences with park use and violations of the City Charter, State Environmental Quality Review Act (SEQRA), and City Environmental Quality Review Rules (CEQR). The IAS Court initially dismissed the petition for lack of standing and found no environmental review violations. On appeal, the court reversed the standing determination, finding petitioners had standing due to their proximity and alleged injuries. It also found the Parks Department's approval arbitrary and capricious due to the City Planning Commission's failure to define "major concession" under City Charter § 374(b), remanding for a new determination. However, the court affirmed that the Parks Department complied with SEQRA and CEQR and that the public trust doctrine was not violated.

StandingConcessionEnvironmental ReviewSEQRACEQRCity CharterArticle 78 ProceedingDreier-Offerman ParkUrban PlanningLand Use
References
13
Case No. ADJ4303207
Regular
Jul 22, 2010

ANTONIO ARAUJO vs. COBRA GOLF, AIG/CHARTIS

The Workers' Compensation Appeals Board dismissed applicant's attorney's petition for reconsideration of a prior award. The petition was deficient as it did not establish applicant was aggrieved or raise statutory grounds, and it lacked proper verification. The Board found the petition was more accurately a response to an order to show cause regarding the attorney's numerous failures to appear at hearings. The matter was returned to the WCJ to consider sanctions against the attorney under Labor Code section 5813 for these repeated absences.

Petition for ReconsiderationFindings Award and Orderindustrial injurypermanent disabilityattorney's feesfailure to appearhearing representativeElectronic Adjudication Management SystemReport and Recommendationaggravated
References
2
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