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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

May 28, 2002

Pena v. Chateau Woodmere Corp.

This case concerns a plaintiff injured in a scaffold fall while employed by Bernini Construction, a contractor for Chateau Woodmere. The central legal issue is the enforceability of a contractual indemnification provision in a standard AIA contract between Chateau Woodmere and Bernini Construction, under Workers' Compensation Law § 11. Bernini argued the contract, signed after the accident, was not retroactive. However, the court found clear and unambiguous evidence that the contract intended to apply retroactively to a date preceding the accident. Furthermore, Bernini's provision of an insurance certificate to Chateau prior to commencing work supported the intent to enter into the AIA contract. Consequently, Workers' Compensation Law § 11 does not prohibit the enforcement of the indemnification provision.

Contractual indemnificationRetroactive contractWorkers' Compensation Law § 11Third-party liabilitySummary judgment motionAIA contractScaffold accidentInsurance procurementAppellate reviewIndemnity agreement

References

Case No. ADJ2042153 (SRO 0120961), ADJ1591784 (SRO 0120962), ADJ4036022 (SRO 0136498)

Regular

Sep 14, 2012

CHELA PACHECO vs. BERINGER WINE ESTATES COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, Adjusted By CHARTIS/AIG, CHATEAU SOUVERAIN, SAFECO INSURANCE COMPANY

This case involves Chela Pacheco's workers' compensation claim against Beringer Wine Estates and their insurers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB affirmed the original decision but amended a finding of fact regarding the Employment Development Department (EDD) lien. The EDD lien was deemed reasonable only for a specific period and capped at $400 per week.

Workers' Compensation Appeals BoardBeringer Wine Estates CompanyNational Union Fire Insurance CompanyChartis/AIGChateau SouverainSafeco Insurance CompanyADJ2042153ADJ1591784ADJ4036022Reconsideration

References

Case No. ADJ7046175

Regular

Jun 07, 2013

, DAVID WILKIE, vs. , CHATEAU HOTEL, and FIRSTCOMP OMAHA for SOUTHERN INSURANCE COMPANY,

This case involves an applicant's petition for removal to the Appeals Board, challenging a WCJ's denial of his petition to quash depositions. The applicant argued improper notice and service of deposition subpoenas, but the WCJ admitted the depositions solely for the purpose of determining timely notice, not for substantive evidence. The Appeals Board denied the removal petition because the applicant had not yet suffered prejudice or irreparable harm, as the depositions had not been used for substantive purposes and he could raise objections later if aggrieved.

Petition for RemovalQuash DepositionsCode of Civil ProcedureCCP section 2025.270Proper NoticeProof of ServiceIndustrial InjuryLeft Upper ExtremityFindings and OrderWCAB Rule 10843

References

Case No. 2019 NY Slip Op 04779

Regular Panel Decision

Jun 13, 2019

DiLorenzo v. Windermere Owners LLC

This case concerns a tenant, Laura DiLorenzo, alleging rent overcharge against landlords Windermere Owners LLC and Windemere Chateau, Inc., for improperly deregulating her apartment following individual apartment improvements (IAIs). The trial court initially found in favor of the tenant, awarding damages and treble damages, citing insufficient substantiation of IAI expenditures by the landlords. On appeal, the Appellate Division, First Department, reversed this decision. The appellate court conducted a de novo review, concluding that the landlords provided sufficient evidence of IAI costs exceeding the threshold for rent stabilization exemption, thereby dismissing the tenant's complaint. A dissenting opinion argued that the majority usurped the trial court's authority and that the landlords failed to meet their burden of proof.

Rent StabilizationRent OverchargeIndividual Apartment Improvements (IAI)High Rent VacancyFraudulent DeregulationDocumentary EvidenceCredibility of WitnessesAppellate ReviewDe Novo ReviewUseful Life of Improvements

References

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Pena v. Chateau Woodmere Corp.

CHELA PACHECO vs. BERINGER WINE ESTATES COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, Adjusted By CHARTIS/AIG, CHATEAU SOUVERAIN, SAFECO INSURANCE COMPANY

Workers' Compensation Appeals BoardBeringer Wine Estates CompanyNational Union Fire Insurance CompanyChartis/AIGChateau SouverainSafeco Insurance CompanyADJ2042153ADJ1591784ADJ4036022Reconsideration

, DAVID WILKIE, vs. , CHATEAU HOTEL, and FIRSTCOMP OMAHA for SOUTHERN INSURANCE COMPANY,

Petition for RemovalQuash DepositionsCode of Civil ProcedureCCP section 2025.270Proper NoticeProof of ServiceIndustrial InjuryLeft Upper ExtremityFindings and OrderWCAB Rule 10843

DiLorenzo v. Windermere Owners LLC