CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
4
Case No. MISSING
Regular Panel Decision

Kalloo ex rel. Ulimited Mechanical Co. of NY, Inc. v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs Kevin Kalloo, Shahrazz Mohammad, and Clement Albertie sued Unlimited Mechanical Co. of New York, Inc. and its president, Nicholas Bournias, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs claimed they were not paid appropriate overtime compensation for hours worked, uncompensated travel time, and, in Mr. Kalloo's case, unpaid wages for his last two weeks of employment. The court found Mr. Bournias individually liable as an employer under both acts and determined that Mr. Kalloo was an employee, not an independent contractor. The court concluded that the defendants failed to pay full overtime and straight time wages for hours worked and travel time, awarding substantial damages and liquidated damages to all three plaintiffs. Defendants' counterclaims for unjust enrichment against Mr. Albertie and tortious interference against Mr. Kalloo were denied.

Wage and Hour DisputeOvertime CompensationUnpaid Travel TimeFLSA ViolationsNYLL ViolationsEmployer ResponsibilityIndividual Employer LiabilityEmployee ClassificationDamages AwardLiquidated Damages
References
0
Case No. MISSING
Regular Panel Decision

Meagher, on Behalf of the Pension Plan of the Cement and Concrete Workers District Council Pension Fund v. Board of Trustees of the Pension Plan of the Cement & Concrete Workers District Pension Fund

Plaintiff Meagher previously sued the Cement and Concrete Workers District Counsel Pension Fund and Welfare Fund in 'Action One' for denied pension benefits under ERISA, which was dismissed. Meagher filed a Rule 60(b) motion in Action One, raising 'substantially the same claims' as the current action ('Action Two'), which was also denied. Subsequently, Meagher filed 'Action Two' against the Plan's Trustees, alleging breach of fiduciary duties and ERISA violations regarding pension plan provisions, specifically a 'break in employment' rule impacting vested participants. Defendants moved to dismiss Action Two based on res judicata and collateral estoppel, arguing the issues were, or should have been, litigated in Action One. The Court granted the motion to dismiss, finding an identity of both parties and issues between Action One and Action Two, concluding that res judicata bars the current action.

Res JudicataCollateral EstoppelERISAPension BenefitsFiduciary DutyMotion to DismissRule 12(b)(6)Rule 60(b)Break in ServiceIdentity of Parties
References
98
Case No. SJO 208304
Regular
Jun 24, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, RELIANCE INSURANCE, KAISER CEMENT CORPORATION, HANSON PERMANENTE CEMENT CO, ROYAL SUN & ALLIANCE INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration of an arbitrator's decision that denied CIGA's petition for contribution. The Board rescinded the arbitrator's decision and returned the case for further proceedings, finding that crucial Labor Connection documents regarding applicant's special employment by Kaiser Cement were improperly excluded from evidence. This allows for a fuller development of the record on the issue of employment before a new decision is issued.

CIGALabor ConnectionCalifornia Insurance Guarantee AssociationReliance InsuranceliquidationKaiser Cement CorporationHanson Permanente Cement CoRoyal Sun & Alliance InsuranceSpecial EmploymentContribution
References
6
Case No. MISSING
Regular Panel Decision

In re Bartenders Unlimited, Inc.

Bartenders Unlimited, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found its workers were employees for unemployment insurance contributions under Labor Law article 18. This contradicted an earlier Industrial Board of Appeals ruling that the workers were independent contractors for Labor Law articles 6 and 19. Bartenders argued collateral estoppel, but the Board rejected it, a stance affirmed by the court. The court reasoned that the term "employment" is not identically defined across all Labor Law statutes, allowing different administrative bodies to reach distinct conclusions on the mixed issue of law and fact, even with the same evidentiary facts. Therefore, collateral estoppel did not prevent the Unemployment Insurance Appeal Board from reaching a different conclusion.

Unemployment InsuranceCollateral EstoppelIndependent ContractorsEmployeesLabor LawAdministrative LawAppealStatutory InterpretationMixed Question of Law and FactEvidentiary Facts
References
4
Case No. MISSING
Regular Panel Decision
Dec 28, 1978

National Cement Co. v. Mead Corp.

Plaintiff National Cement Company, Inc. ("National") filed a notice of voluntary dismissal, which defendant The Mead Corporation ("Mead") moved to vacate. The court examined whether Mead had served an answer or a motion for summary judgment, which would preclude voluntary dismissal under F.R.Civ.P. 41(a)(1)(i). It was determined that a portion of Mead's Rule 12(b) motion to dismiss, concerning reimbursement for litigation expenses and supported by external documents, effectively converted into a motion for summary judgment. Consequently, the court ruled that National was not entitled to a voluntary dismissal. Mead's motion to vacate the dismissal was granted, and the case will proceed with further arguments on the converted summary judgment motion.

Voluntary DismissalMotion to VacateFederal Rules of Civil ProcedureRule 41(a)(1)(i)Rule 12(b)Summary JudgmentSubject-Matter JurisdictionIndispensable PartyAntitrust ActionsIndemnification
References
8
Case No. MISSING
Regular Panel Decision

Cement & Concrete Workers District Council Welfare Fund v. Frascone

Plaintiffs, consisting of pension and benefits funds, their administrator, and a union president, initiated a suit to recover unpaid contributions owed under collective bargaining agreements. The original defendants included Sovereign Building Corp. and Anthony Frascone, who were in default or insolvent, and Contractors Casualty and Surety Company, which was also insolvent. The primary defendants in the present motion were Trataros Construction, Inc., the general contractor, and Seaboard Surety Company, its surety. Plaintiffs sought to recover contributions based on a surety bond issued in connection with a public improvement contract where Sovereign was a subcontractor to Trataros. The defendants argued ERISA preemption, lack of subject matter jurisdiction, and defenses based on the Union's breach of agreements and the plaintiffs' failure to provide timely notice. The court asserted supplemental jurisdiction and found that the claims against Trataros and Seaboard were not ERISA-preempted. Ultimately, the court granted summary judgment to Trataros and Seaboard for claims arising from the first collective bargaining agreement due to untimely notice, but granted summary judgment to the plaintiffs for claims under the second agreement, rejecting the defendants' breach of contract defense as it could not be asserted against the funds as third-party beneficiaries.

ERISASurety BondCollective Bargaining AgreementPension FundsBenefits ContributionsState Finance LawLien LawPreemptionSupplemental JurisdictionSummary Judgment
References
27
Case No. MISSING
Regular Panel Decision

Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York

Environmental groups sued the New York State Department of Environmental Conservation, the Environmental Protection Agency, the City of New York, and the New York City Department of Environmental Protection for Clean Water Act violations. The defendants operated the Shandaken Tunnel, discharging turbid water into the Esopus Creek without a required State Pollutant Discharge Elimination System (SPDES) permit. The Court found the defendants liable and assessed civil penalties of $5,749,000. Additionally, the Court issued injunctive relief, requiring defendants to expedite the SPDES permit application process with DEC, and ordered DEC to issue the permit within eighteen months. Plaintiffs were also awarded attorneys' fees and costs.

Environmental LawClean Water ActWater PollutionTurbiditySPDES PermitInjunctive ReliefCivil PenaltiesCitizen SuitStandingEconomic Benefit
References
24
Case No. MISSING
Regular Panel Decision

Kalloo v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs sought unpaid and overtime wages under FLSA and New York Labor Law from Defendants Unlimited Mechanical Co. of NY, Inc., and Nicholas Bournias. They filed a motion for conditional certification of a collective action and for authorization to send notice to current and former employees. The court outlined the two-step process for FLSA collective actions, emphasizing the minimal burden for initial certification. Plaintiffs provided declarations and evidence of common wage violations, satisfying the 'similarly situated' requirement, while the defendants' objections on credibility were deemed premature. The motion was granted, with the court directing the plaintiffs to revise the proposed notice to include information about state labor law claims' statute of limitations.

FLSACollective ActionConditional CertificationUnpaid WagesOvertime WagesNew York Labor LawSimilarly SituatedOpt-inStatute of LimitationsEmployer Liability
References
12
Case No. Dkt. #244
Regular Panel Decision
Feb 23, 1993

United States v. Local 6A, Cement & Concrete Workers

Thomas Madera appealed the Trustee's decision to remove him from his positions as president of the District Council of Cement and Concrete Workers and on the Board of Trustees of the District Council Fringe Benefit Funds. The Trustee's removal was based on findings of malfeasance, including Madera's concealment of embezzlement by a clerical employee, and his involvement in two investment decisions benefiting his son through commissions, violating ERISA and LMRDA. The District Court affirmed Madera's right to appeal under the Consent Judgment but ultimately denied the appeal on the merits. The court found the Trustee's determination of malfeasance reasonable and not arbitrary or capricious, emphasizing the public interest in preventing corruption within labor organizations and the immediate effect of the Trustee's removal actions.

RICO ActLabor UnionsMalfeasanceFiduciary DutyTrusteeshipConsent JudgmentAppealsJudicial ReviewLMRDAERISA
References
34
Showing 1-10 of 97 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational