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

Case No. 2019 NY Slip Op 05972
Regular Panel Decision
Jul 31, 2019

Luna v. 4300 Crescent, LLC

Hector Luna, the injured plaintiff, appealed a judgment from the Supreme Court, Kings County, which dismissed his Labor Law § 240 (1) claim. Luna was injured while moving a mortar buggy down a ramp during construction. A jury found the defendants not liable, and Luna's subsequent motion to set aside the verdict was denied. The Appellate Division, Second Department, affirmed the judgment, determining that a rational jury could conclude Luna's own actions were the sole proximate cause of his injuries. The court also found the verdict was not contrary to the weight of the evidence.

Personal InjuryLabor LawConstruction AccidentJury VerdictAppellate ReviewSufficiency of EvidenceWeight of EvidenceProximate CauseSole Proximate CauseMortar Buggy
References
13
Case No. CA 12-01064
Regular Panel Decision
Dec 28, 2012

LUNA, JOSEPH v. ZOOLOGICAL SOCIETY OF BUFFALO, INC.

Plaintiff Joseph Luna, a carpenter, commenced this action seeking damages for injuries sustained from a fall during a construction project for the defendant, Zoological Society of Buffalo, Inc. The Supreme Court granted Luna's motion for partial summary judgment on liability under Labor Law § 240 (1). On appeal, the Appellate Division, Fourth Judicial Department, unanimously affirmed the Supreme Court's order. The court found that Luna met his burden by showing injury from a fall from an elevated surface due to the defendant's failure to provide sufficient safety devices. The defendant's argument that Luna's own conduct was the sole proximate cause was rejected, as the nondelegable duty under Labor Law § 240 (1) requires more than just providing instructions or making devices available.

Construction AccidentElevated Work SurfaceLabor Law § 240(1)Worker SafetyLiabilitySummary JudgmentAppellate ReviewFall InjuriesNondelegable DutyRecalcitrant Worker Defense
References
6
Case No. ADJ10337382
Regular
Aug 28, 2019

JUAN LUNA vs. NISSAN OF MISSION HILLS, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Luna's petition for reconsideration as untimely. The WCAB treated Luna's handwritten filing as a petition for reconsideration of a May 28, 2019 decision. Under California law, a petition for reconsideration must be filed within 25 days of service by mail, with extensions for weekends and holidays. Luna's petition, filed on July 3, 2019, exceeded the June 24, 2019 deadline, making it jurisdictionally deficient.

Petition for ReconsiderationUntimely PetitionJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ ReportFindings and OrderLabor CodeCalifornia Code of RegulationsProof of MailingApplicant in Pro Per
References
4
Case No. MISSING
Regular Panel Decision

Luna v. American Airlines

Plaintiff Monserrate Luna sued American Airlines and LSG Sky Chefs for alleged injuries from a contaminated meal. Defendants impleaded Overhill Farms, Inc., the meal supplier, for indemnification. Following a jury verdict in favor of the defendants in the primary lawsuit, the court addressed the third-party indemnification claims. The court dismissed all common-law indemnification claims and LSG Sky Chefs' contractual indemnification claim. However, American Airlines' contractual indemnification claim against Overhill Farms, Inc. was granted, limited to expenses incurred in defending against Luna's initial lawsuit, and excluding costs for pursuing indemnification from Overhill Farms itself.

IndemnificationContractual IndemnificationCommon-Law IndemnificationThird-Party ClaimsAirline LiabilityProduct LiabilityFood ContaminationAttorney's FeesLitigation ExpensesSubrogation
References
39
Case No. ADJ9225006
Regular
Jul 10, 2015

JUAN LUNA CASTRO (Deceased), MARINA AYALA DE LUNA (Widow) vs. REDWOODS HOMEOWNERS ASSOCIATIONS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns the death of Juan Luna Castro, a groundskeeper, in a motor vehicle accident during his scheduled work hours. The defendant employer sought reconsideration of the WCJ's finding that the death arose out of and in the course of employment (AOE/COE). The Board denied reconsideration, upholding the finding that Castro was on a business errand to purchase supplies for a company-sponsored BBQ, a task he had performed in previous years. The Board found his actions to be reasonable and impliedly permitted by his employment, thus satisfying the AOE/COE standard despite a prior reprimand for other work-related issues.

AOE/COEPetition for ReconsiderationGroundskeeperfatal motor vehicle accidentburden of proofindustrial injurycourse of employmentarising out of employmentcompany sponsored BBQobtaining supplies
References
7
Case No. ADJ10312473
Regular
Sep 01, 2017

CLARA LUNA vs. FISCHER MOLD, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision and returned the case to the trial level for further proceedings. The WCAB found that the administrative law judge's (WCJ) decision, which barred the applicant's claim based on the post-termination defense under Labor Code section 3600(a)(10), was procedurally flawed and lacked sufficient analysis. Specifically, the WCAB determined that the applicant may qualify for an exception to the post-termination defense if her date of injury, defined by disability and knowledge of its work-related cause, occurred after her termination. This determination hinges on whether the applicant suffered disability and had the requisite knowledge post-termination, which requires further exploration.

Workers Compensation Appeals BoardClara LunaFischer Mold Inc.Pacific Compensation Insurance CompanyOpinion and Decision After ReconsiderationFindings and Orderspost-termination defenseLabor Code Section 3600(a)(10)Labor Code Section 5412continuous trauma injury
References
8
Case No. ADJ8657704
Regular
Oct 22, 2013

CLARA GARCIA vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board denied Clara Garcia's petition for reconsideration. The Board adopted the Workers' Compensation Judge's report, which found Garcia to be an independent contractor, not an employee, of the City of Long Beach. This determination was based on several factors, including Garcia's control over her curriculum, her ability to hire substitutes, and her sale of props. The Board's order upholds the original finding that Garcia is not entitled to workers' compensation benefits under an employment relationship.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeIndependent ContractorEmployee StatusBorello FactorsControl TestDance InstructorCumulative TraumaSpecific Injury
References
0
Case No. ADJ8300979
Regular
Oct 12, 2018

CLARA LILIA BARON vs. TARGET, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied Clara Lilia Baron's Petition for Removal, an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The WCAB found that Baron failed to demonstrate such harm, nor that reconsideration would be inadequate later. The decision noted that liens held by First Choice Healthcare Medical Group are already consolidated and stayed pending resolution of a Labor Code section 4615 issue. The matter is proceeding towards a mandatory settlement conference and trial in a related consolidated proceeding.

Petition for RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationadequate remedyLabor Code section 4615liensconsolidated
References
4
Case No. ADJ9312112
Regular
Apr 17, 2017

CUONG PHAN vs. CITY OF SANTA CLARA

In this case, the Workers' Compensation Appeals Board denied the defendant City of Santa Clara's petition for reconsideration. The Board upheld a prior finding that applicant Cuong Phan sustained industrial injuries to his lower back, resulting in 29% permanent disability. The key issue was the application of the "duty belt presumption" under Labor Code section 3213.2, which presumes lower back impairments in long-term peace officers required to wear duty belts arise from employment. The Board found the presumption applicable and not rebutted, deeming it a legislative intent to protect officers with these specific conditions.

Duty belt presumptionLabor Code section 3213.2police officerlower back impairmentpeace officerpermanent disabilityjoint findings and awardpetition for reconsiderationBenson apportionmentLabor Code section 4663(e)
References
3
Case No. ADJ18940959
Regular
Apr 18, 2025

RON IGLESIAS vs. COUNTY OF SANTA CLARA

Applicant Ron Iglesias claimed cumulative work injuries to his bladder, psyche, and diabetes, which the defendant, County of Santa Clara, contended were barred by the statute of limitations. The Workers' Compensation Administrative Law Judge (WCJ) found no evidence of applicant's knowledge of industrial causation and thus could not establish a date of injury or determine if the claim was time-barred. The defendant filed a Petition for Reconsideration, arguing applicant failed reasonable diligence and would cause significant prejudice. The Appeals Board denied the petition, affirming the need for further discovery to establish the injury date and noting that potential discovery costs are not grounds for removal.

Labor Code section 5412cumulative work injurystatute of limitationsdate of injurypetition for reconsiderationremoval standardsignificant prejudiceirreparable harmaffirmative defenseburden of proof
References
28
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