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

Case No. ADJ9519790
Regular
Sep 10, 2019

MARK CARREON vs. CLEVELAND INDIANS, SAN FRANCISCO GIANTS

This case concerns the Cleveland Indians' petition for reconsideration, arguing that California workers' compensation jurisdiction is barred under Labor Code Section 3600.5(d) due to the applicant's last year of employment with the Jackson Diamond Cats. The Board affirmed the original award, finding the Indians failed to meet their burden of proving the exemption. The applicant's employment with the Diamond Cats was not established as "professional athlete" employment under the statute, nor was it proven that the Diamond Cats qualified for exemption under Section 3600.5(c) as the applicant did not work in California for that team. Furthermore, the Indians failed to identify or prove any other law exempting the Diamond Cats from California jurisdiction.

Labor Code 3600.5WCAB jurisdictionprofessional athlete exemptioncumulative trauma injuryMark CarreonCleveland IndiansSan Francisco GiantsCIGAGallagher BassettJackson Diamond Cats
References
0
Case No. MISSING
Regular Panel Decision

Indian Harbor Insurance v. Global Transport System, Inc.

Indian Harbor Global Insurance Company filed a complaint against Global Transport System seeking a declaratory judgment that it was not obligated to indemnify Global for the loss of Barge MST 17, and a stay of arbitration proceedings. Global moved to dismiss the complaint and compel arbitration, relying on a binding arbitration clause in their insurance policy. The dispute arose after the Barge MST 17 sank following Global's attempt to amend its policy for navigation coverage, which Indian Harbor claimed was not properly accepted. The court, presided over by District Judge Sweet, granted Global's motion, dismissing the complaint and compelling Indian Harbor to proceed to arbitration, finding that the broad arbitration clause covered disputes regarding policy modifications or terminations.

Arbitration AgreementInsurance Coverage DisputeMaritime LawPolicy EndorsementContract InterpretationFederal Rules of Civil ProcedureFederal Arbitration ActMotion to DismissDeclaratory ReliefSeaworthiness
References
19
Case No. MISSING
Regular Panel Decision

Cleveland v. Apfel

The case involves Richard Cleveland, a 54-year-old man, appealing the Commissioner of Social Security's denial of Supplemental Security Income (SSI) benefits based on disability due to back pain and hypertension. The Administrative Law Judge (ALJ) initially denied benefits, a decision affirmed by the Appeals Council. The District Court reviewed the Commissioner's decision, focusing on the ALJ's treatment of the treating physician's rule and the development of the record. The court found that the ALJ failed to adequately develop the record by not seeking additional information from the treating physician, Dr. Small, whose opinion of disability lacked objective clinical findings. Consequently, the court reversed the Commissioner's decision and remanded the case for further proceedings to obtain a more complete report from Dr. Small.

Social Security DisabilitySupplemental Security Income (SSI)Disability Benefits AppealTreating Physician RuleAdministrative Law Judge (ALJ)Record DevelopmentMedical EvidenceChronic Back PainHypertensionResidual Functional Capacity
References
21
Case No. MISSING
Regular Panel Decision

Cleveland Wrecking Co. v. Iron Workers Local Union 40

Cleveland Wrecking Company, the plaintiff, initiated an action seeking to stay arbitration and obtain a declaratory judgment against Iron Workers Local Union 40 and related entities ("the Union"). The core dispute revolved around whether Cleveland had validly terminated a collective bargaining agreement (CBA) in 1991, thereby negating its obligation to arbitrate a subsequent claim for monetary damages from the Union related to a 1994 project. The Union counter-claimed, asserting that both the question of CBA termination and whether the claim constituted a non-arbitrable "jurisdictional dispute" required interpretation of the CBA's broad arbitration clause. The Court, applying the strong federal presumption in favor of arbitrability for broad clauses, determined that interpreting the CBA's termination provisions and the definition of a "jurisdictional dispute" were matters explicitly delegated to the arbitrator. Consequently, the Court denied Cleveland's motion to stay arbitration and granted the Union's cross-motion, compelling arbitration of all outstanding issues.

ArbitrationCollective Bargaining AgreementContract TerminationJurisdictional DisputeLabor LawFederal CourtDeclaratory JudgmentStay ArbitrationCompel ArbitrationUnion Rights
References
11
Case No. MISSING
Regular Panel Decision
Jan 17, 2014

Scottsdale Insurance v. Indian Harbor Insurance

Scottsdale Insurance Company, an excess insurer, sued Indian Harbor Insurance Company, a primary insurer, alleging bad faith and gross disregard for failing to settle an underlying personal injury lawsuit involving Linzy Dickson within the primary policy limits. Dickson, a construction worker, sustained severe injuries and underwent spinal fusion surgery, leading to a $2.5 million settlement which required Scottsdale to pay $1.5 million. Both parties filed cross-motions for summary judgment. The court denied both motions, finding material disputed facts regarding Indian Harbor's alleged gross disregard and whether it caused the loss of an opportunity to settle the case for $1 million or less, thus necessitating a jury trial.

Insurance DisputeBad Faith ClaimExcess InsurancePrimary InsuranceSettlement NegotiationsSummary Judgment MotionPersonal Injury LawsuitConstruction AccidentSpinal Fusion SurgeryDamages Assessment
References
22
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n

This case consolidates two appeals, 'The Watertown Dispute' and 'The Indian River Dispute,' concerning public sector arbitration under New York's Taylor Law. Both cases involve education associations and school districts in disputes over changes to health insurance benefits, specifically increased employee copayments. The associations filed grievances, which the districts denied, leading to demands for arbitration. Lower courts granted stays of arbitration, applying the 'Liverpool two-step' protocol and finding the disputes non-arbitrable. The Court of Appeals reverses these decisions, clarifying that the 'Liverpool' protocol should be applied without an anti-arbitrational presumption. The Court emphasizes that the merits of a grievance are for the arbitrator, and a court's role is merely to determine if there's a reasonable relationship between the dispute's subject matter and the collective bargaining agreement. Finding that health insurance benefits are clearly related to the CBAs, the Court compels arbitration in both cases.

Public Sector ArbitrationTaylor LawCollective Bargaining AgreementGrievance ArbitrabilityHealth Insurance BenefitsCopayment IncreasesLiverpool Two-Step ProtocolJudicial Review of ArbitrationPresumption of ArbitrabilityCourt of Appeals (NY)
References
32
Case No. MISSING
Regular Panel Decision

Indian Harbor Insurance v. Factory Mutual Insurance

The Trustees of the University of Pennsylvania ("Penn") and Indian Harbor Insurance Company ("Indian Harbor") sued Factory Mutual Insurance Company ("FM") seeking a declaratory judgment regarding insurance coverage for damages Penn sustained at its veterinary hospital due to a Salmonella outbreak. FM moved to transfer the venue from the Southern District of New York to the Eastern District of Pennsylvania, citing convenience of parties and witnesses and the interests of justice. The Court considered factors such as the locus of operative facts being in Pennsylvania, the convenience of key witnesses like FM's adjuster, and the Eastern District of Pennsylvania's familiarity with the governing law and lighter docket. The Court ultimately granted FM's motion, finding that the balance of factors strongly favored transferring the case.

Venue TransferDeclaratory JudgmentInsurance Coverage DisputeProperty LossSalmonella OutbreakVeterinary HospitalForum Selection ClauseChoice of LawJudicial EconomyInter-district Transfer
References
46
Case No. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
37
Case No. MISSING
Regular Panel Decision

Matter of Entergy Nuclear Indian Point 2, LLC v. New York State Department of State

Petitioners, identified as the owners and operators of Indian Point Energy Center, appealed a judgment that dismissed their challenge to a modification by respondents, the Secretary of State, Department of Environmental Conservation, and Department of State. The modification extended a statutorily protected environmental habitat in the Hudson River, now called 'Hudson Highlands,' impacting the area near Indian Point. Petitioners argued that the modification lacked a rational scientific basis, constituted formal rulemaking without proper procedure, and that the denial of their discovery requests was an abuse of discretion. The Appellate Division affirmed the Supreme Court's judgment, deferring to the agencies' interpretation of their regulations and finding the modification rational, not formal rulemaking, and the discovery denial justified.

Environmental ProtectionHabitat ModificationAgency DeferenceCPLR Article 78Declaratory JudgmentRegulatory InterpretationScientific EvidenceFormal RulemakingAdministrative ProcedureDiscovery Denial
References
24
Case No. 2023 NY Slip Op 03095 [217 AD3d 1346]
Regular Panel Decision
Jun 09, 2023

People v. Cleveland

Defendant appealed a judgment convicting him of kidnapping and robbery. The Appellate Division, Fourth Department, reviewed several contentions, including the denial of substitution of counsel, the victim's in-court identification, and the legal sufficiency of the evidence. The court found no error in the County Court's rulings regarding counsel substitution and the victim's identification. It also concluded that the evidence, including DNA, fingerprint, and cell phone data, was legally sufficient to establish defendant's identity. While rejecting defendant's ineffective assistance of counsel claims, the court exercised its discretion to modify the sentence, directing all sentences to run concurrently, deeming the original consecutive sentences unduly harsh.

Kidnapping Second DegreeRobbery First DegreeRobbery Second DegreeAppellate Division Fourth DepartmentJury Verdict ReviewSubstitution of CounselIn-Court IdentificationLegal Sufficiency of EvidenceDNA EvidenceFingerprint Evidence
References
33
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