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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
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. EUR 31005 EUR 31006 EUR 31007
Regular
Jun 17, 2008

WAYNE E. LOVEL, JR. vs. JIM BAKER TRUCKING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision to allow further study of factual and legal issues. This action is necessary to ensure a complete understanding of the record and enable a just decision. All future communications related to this case must now be directed to the Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationJim Baker TruckingLiberty Mutual Insurance CompanyCase No. EUR 31005EUR 31006EUR 31007EUR District OfficeStatutory time constraintsFactual and legal issues
References
0
Case No. EUR 0033714 EUR 0033715 EUR 0034952 EUR 0034953 EUR 0036579
Regular
Jun 04, 2008

CALE TAYLOR vs. SIMPSON TIMBER COMPANY, A.K.A. ARCATA REDWOOD COMPANY, Permissibly Self-Insured by BROADSPIRE; LIBERTY MUTUAL, and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The WCJ found several industrial injuries to the applicant's low back, knees, and shoulders, awarding varying percentages of permanent disability after considering apportionment and overlap. The Board affirmed the WCJ's findings, particularly noting that the applicant's arguments regarding precedent-setting cases were not applicable or were bound by established Appeals Board decisions.

Workers' Compensation Appeals BoardSimpson Timber CompanyBroadsPIRELiberty MutualState Compensation Insurance FundCale Taylorindustrial injurylow backleft kneeright shoulder
References
6
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. EUR 0038039; EUR 0038040 EUR 0038041; EUR 0039476
Regular
May 12, 2008

JERRY LANEY vs. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

The applicant sought reconsideration of an order terminating temporary disability benefits, arguing they should extend until a later medical evaluation date. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's reasoning. The Board also noted procedural confusion regarding the termination petition being filed in unrelated cases where benefits were not being continued.

Workers' Compensation Appeals BoardPetition to Terminate Temporary DisabilityFindings and OrderReconsideration DeniedIndustrial InjuryEquipment OperatorNeurosurgeonTemporary Disability BenefitsAdministrative Law JudgeReport and Recommendation
References
0
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. ADJ2105435 (EUR 0031083) ADJ489780 (EUR 0031084)
Regular
Nov 14, 2008

Bill Chilcutt vs. HINTZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND EUREKA

This case involves Bill Chilcutt's workers' compensation claim for back and neck injuries. The appeals board granted reconsideration, rescinding the prior determination that found good cause to reopen the cumulative trauma claim and awarding 59% permanent disability. The matter is remanded for further proceedings to address issues of psychiatric disability causation, orthopedic apportionment in light of recent case law, and the effect of a prior stipulation regarding benefit payment. The claim for the specific 1995 injury was correctly deemed untimely.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerPetition to ReopenGood CauseFive-Year Limitation
References
6
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