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

Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Buscemi v. Pepsico, Inc.

Plaintiff Carl J. Buscemi sued PepsiCo, Inc. for age discrimination under the Federal Age Discrimination in Employment Act and the New York Human Rights Law. The defendant moved in limine to exclude certain evidence and for separate trials on state law claims. The court partially granted the in limine motion by excluding hiring statistics but allowed statements from a magazine article and termination statistics. The court also granted the motion for separate trials for liability and damages, stipulating that the same jury would be used for both phases to balance efficiency with the prevention of prejudice and confusion.

Age DiscriminationEmployment LawADEA (Age Discrimination in Employment Act)New York Human Rights LawMotion In LimineBifurcation of TrialEvidentiary RulingsStatistical EvidenceDiscriminatory IntentPersonnel Policy
References
43
Case No. MISSING
Regular Panel Decision

De Gregorio v. CBS, Inc.

Plaintiff Carl De Gregorio sued CBS after footage of him holding hands with a co-worker on Madison Avenue was broadcast for a news segment about romance, despite his explicit request to prevent its use. De Gregorio alleged invasion of privacy under the New York Civil Rights Law, intentional infliction of emotional distress, prima facie tort, and defamation. The court granted summary judgment to CBS, finding that the broadcast, filmed in a public place for a newsworthy topic, did not constitute an invasion of privacy or defamation. The decision emphasized that incidental use and the constitutional protection of freedom of the press precluded liability, even if the subject desired greater privacy.

Invasion of PrivacyCivil Rights LawFreedom of the PressSummary JudgmentDefamationIntentional Infliction of Emotional DistressPrima Facie TortNewsworthinessIncidental UsePublic Street
References
20
Case No. ADJ7219831
Regular
Aug 27, 2012

LORENA MARQUEZ vs. CARL'S JR.; TRAVELERS INSURANCE

This case involves a workers' compensation claim for a psychiatric injury sustained by Lorena Marquez while employed as a cashier at Carl's Jr. The applicant sought reconsideration of the denial of temporary disability benefits, arguing she was partially disabled and her resignation was not a voluntary choice. The defendant insurer sought reconsideration regarding their affirmative defense that the injury stemmed from lawful personnel actions, but failed to adequately present this argument. Both petitions for reconsideration were denied, upholding the original award of 23% permanent disability and future medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryTemporary DisabilityPermanent DisabilityPQMELabor Code Section 3208.3(h)Affirmative DefensePersonnel ActionDeemed Denied
References
1
Case No. ADJ8251949
Regular
Jun 18, 2014

CLIDA SOLORIO vs. CARL'S JR., TRAVELERS PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in the case of *Solorio v. Carl's Jr.* The WCAB adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ) and gave significant weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ8251949Carl's Jr.Travelers Property and CasualtySolorioadministrative law judge
References
1
Case No. ADJ3855576 (STK 0210109)
Regular
Mar 28, 2013

CARL JOHNSON vs. STOCKTON OPEN AIR MALL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Carl Johnson's claim against Stockton Open Air Mall. The applicant alleged wrongful termination in violation of Labor Code §132a, but the WCJ found the employer terminated him for legitimate, unrelated reasons, including attendance issues and conflicts. The WCJ's credibility findings were given great weight, and the applicant failed to meet his burden of proof that the termination was due to his work injury. Therefore, the petition for reconsideration was denied, as the applicant had already had his opportunity to present evidence at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workmen's Comp. Appeals Bd.Labor Code §132aPretrial Conference StatementCredibility of witnessesTermination of employmentCause for terminationWork injury
References
1
Case No. MISSING
Regular Panel Decision

Giglio v. St. Joseph Intercommunity Hospital

Plaintiff Carl R. Giglio sustained injuries after slipping and falling in a stairwell at a construction site. Plaintiffs initiated an action against the site owner, St. Joseph Intercommunity Hospital, and the general contractor, Ciminelli-Cowper Co., Inc., alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6). Ciminelli subsequently impleaded C.I.R. Electrical Construction Corp., the plaintiff's employer, seeking contribution and indemnification. The Supreme Court initially denied motions to dismiss the Labor Law claims and the common-law negligence cause of action. However, the appellate court modified the order by denying the defendants' cross motions for conditional contractual and common-law indemnification against C.I.R., citing a lack of a direct claim by St. Joseph and the presence of triable issues of fact concerning Ciminelli's negligence, C.I.R.'s active fault, and whether plaintiff sustained a 'grave injury' under Workers' Compensation Law § 11.

Labor LawConstruction Site AccidentSummary JudgmentCommon-Law NegligenceContractual IndemnificationCommon-Law IndemnificationThird-Party ClaimWorkers' Compensation LawDangerous ConditionPremises Liability
References
18
Case No. 2019 NY Slip Op 05819 [174 AD3d 1240]
Regular Panel Decision
Jul 25, 2019

Matter of Singletary v. Schiavone Constr. Co.

Carl Singletary, a carpenter, had a previously established claim for injuries from a work-related accident in June 2015. His weekly awards were suspended in December 2016 due to reports of no disability. Conflicting medical opinions were submitted regarding his ongoing causally-related physical and psychiatric disability. The Workers' Compensation Law Judge found no further causally-related disability, a determination upheld by a Workers' Compensation Board panel in September 2017. The Board subsequently denied Singletary's application for reconsideration and/or full Board review in January 2018. The Appellate Division affirmed the Board's denial, limiting its review to whether the denial was arbitrary and capricious or an abuse of discretion, concluding that the Board did not abuse its discretion.

Workers' CompensationDisability BenefitsMedical OpinionsPsychiatric ImpairmentDeposition TestimonyBoard ReviewReconsiderationAppellate ReviewCausally-Related DisabilityWork-Related Accident
References
5
Case No. MISSING
Regular Panel Decision
Jun 02, 2000

Crowder v. Leichter

The plaintiff appealed an order granting summary judgment to defendants Carl Leichter, Russell W. Cohen, South Nassau Dermatology, and Vincent Cannino. The Supreme Court properly granted Cannino's motion, finding his snow and ice removal procedures were not negligent and the plaintiff failed to raise a triable issue of fact. Additionally, summary judgment was properly granted to Leichter, Cohen, and South Shore Dermatology because the plaintiff was barred from recovering under Workers’ Compensation Law § 29 (6). This was due to Leichter and Cohen, who were responsible for snow removal, also being officers of the corporation employing the plaintiff, who was injured during the course of her employment. The appellate court affirmed the order.

Personal InjurySummary JudgmentSnow and Ice RemovalNegligenceWorkers' Compensation LawExclusivity ProvisionSpecial EmployeePremises LiabilityAppellate DecisionNassau County
References
10
Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
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