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

Case No. MISSING

Regular Panel Decision

Lischinskaya v. Carnival Corp.

A plaintiff, injured on a Carnival Cruise Lines ship in January 2005, commenced an action for damages. Carnival moved to dismiss based on a forum selection clause in the passenger contract, which stipulated litigation in federal court in Miami or a Miami-Dade County court. The Supreme Court granted the dismissal, citing lack of subject matter jurisdiction. On appeal, the court affirmed the enforceability of the forum selection clause, rejecting arguments of waiver and non-reasonable communication. It clarified that such clauses do not divest a court of subject matter jurisdiction, correcting the Supreme Court's reasoning. However, the appellate court affirmed the dismissal, denying the plaintiff's request for equitable relief under CPLR 327 (forum non conveniens), reasoning that such discretionary relief is inapplicable when dismissal is a contractual mandate rather than a discretionary decision.

Forum Selection ClauseCruise Ship ContractMaritime LawSubject Matter JurisdictionSaving to Suitors ClauseCPLR 327Forum Non ConveniensContractual EnforcementWaiver of DefenseAppellate Review

References

Case No. ADJ4699108

Regular

Oct 10, 2008

JUAN PARRA vs. CARNIVAL FUMIGATION, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, La Peer Surgery Center, seeking payment for facility fees related to chiropractic manipulations under anesthesia. The Workers' Compensation Appeals Board denied the claimant's petition for reconsideration, upholding the original finding that the services were neither reasonable nor necessary. The decision was based on the fact that manipulations under anesthesia are not recommended by the ACOEM guidelines, and the lien claimant failed to provide evidence to rebut this presumption.

Lien claimantReconsiderationFinding of Fact and OrderCarnival FumigationState Compensation Insurance FundLa Peer Surgery Centercompromise and releasereasonable and necessarymedical treatmentLabor Code section 4903(b)

References

Case No. MISSING

Regular Panel Decision

First State Insurance v. J & S United Amusement Corp.

This case involves First State Insurance Company seeking a declaratory judgment against J & S United Amusement to determine its obligation to defend or indemnify for injuries sustained by Angel Ocasio. Ocasio was injured while working on a carnival ride owned by McDaniel and operated by J & S. First State's policy excluded liability for employee injuries, making Ocasio's employment status a central issue. The Appellate Division's suggestion of a special verdict in the underlying tort action was deemed inappropriate by the Court of Appeals, as First State lacked standing. The Court reversed the Appellate Division's order, remitting the matter to that court for a discretionary decision on whether to retain or dismiss the declaratory judgment action, considering alternative remedies available to First State.

Declaratory JudgmentInsurance PolicyCoverage DisputeEmployment RelationshipTort LiabilityAppellate DivisionCourt of AppealsRemittalSpecial VerdictReservation of Rights

References

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Lischinskaya v. Carnival Corp.

Forum Selection ClauseCruise Ship ContractMaritime LawSubject Matter JurisdictionSaving to Suitors ClauseCPLR 327Forum Non ConveniensContractual EnforcementWaiver of DefenseAppellate Review

JUAN PARRA vs. CARNIVAL FUMIGATION, STATE COMPENSATION INSURANCE FUND

First State Insurance v. J & S United Amusement Corp.

Declaratory JudgmentInsurance PolicyCoverage DisputeEmployment RelationshipTort LiabilityAppellate DivisionCourt of AppealsRemittalSpecial VerdictReservation of Rights