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

Case No. Action No. 1
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

Maureen Felicciardi was injured after slipping and falling on a negligently waxed floor in a federal building. She commenced two actions for damages, Action No. 1 in Suffolk County and Action No. 2 in New York County, naming Nelson Maintenance Services, Inc. as a defendant. Nelson moved for summary judgment in Action No. 1 due to the plaintiffs' failure to comply with a conditional order of preclusion. The Supreme Court denied Nelson's motion and excused the plaintiffs' default. On appeal, the order denying summary judgment was reversed. The appellate court found that the Supreme Court improvidently exercised its discretion in excusing the plaintiffs' lengthy and inadequately explained delay in complying with the discovery order, especially given the potential prejudice to Nelson in proving negligence years after the incident. Consequently, the complaint in Action No. 1 was dismissed against Nelson.

Personal InjurySlip and FallSummary JudgmentDiscovery SanctionsOrder of PreclusionExcusable DefaultLaw Office FailureAppellate ReviewSuffolk CountyNegligence
References
5
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Sep 30, 1997

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case involves appeals from an order concerning two related actions: one for personal injuries (Action No. 1) and another for wrongful death (Action No. 2). Joseph and Gregory Zuhoski appealed the denial of their motion for summary judgment seeking to dismiss the complaint in Action No. 1. Separately, Colin Van Tuyl, as Executor of the Estate of Janet A. Van Tuyl, and Brianna and Colin Van Tuyl, individually, appealed both the denial of the Zuhoskis' motion and the granting of Martin Sidor & Sons, Inc.'s motion to amend its answer in Action No. 2. The Appellate Division affirmed the order, noting the trial court's sound discretion in granting leave to amend pleadings, particularly when the failure to deny allegations was an inadvertent mistake. Furthermore, the court found an issue of fact regarding Gregory Zuhoski's employment status at the time of the accident, which justified the denial of the Zuhoskis' motion for summary judgment.

Personal InjuryWrongful DeathSummary JudgmentAppealPleading AmendmentDiscretion of Trial CourtWorkers' Compensation LawScope of EmploymentAppellate DivisionSuffolk County Litigation
References
12
Case No. Action No. 2
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

David Koren, plaintiff in Action No. 2, sued Vivaldi, Inc. following a motor vehicle accident, alleging John Zazo, the driver, was a Vivaldi employee acting within the scope of his employment. Vivaldi moved for summary judgment, asserting Zazo was an independent contractor. Vivaldi provided evidence of Zazo's compensation by commission, self-sourced clients, lack of expenses or benefits, and 1099 tax form issuance, consistent with independent contractor status. The court found this evidence sufficient to establish Zazo as an independent contractor, thereby absolving Vivaldi of liability for his negligent acts. Consequently, the Supreme Court's order denying summary judgment to Vivaldi and third-party defendant Ford Motor Credit Company was reversed, leading to the dismissal of both the complaint and third-party complaint in Action No. 2.

Independent ContractorEmployer-Employee RelationshipSummary JudgmentMotor Vehicle AccidentVicarious LiabilityNegligencePersonal InjuryAppellate DivisionNew York Law1099 Tax Form
References
6
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Guy Graziano, an employee of Coca-Cola Company, sustained personal injuries after falling in a parking lot and received workers' compensation benefits. His insurance carrier initiated Action No. 2, as assignee, against prior property owners and managing agents after notifying Graziano of the assignment of his claim if he failed to sue within 30 days. Separately, Guy and Maureen Graziano commenced Action No. 1 against prior owners and the current owner, 210 West 29th Street Corp. The Supreme Court initially dismissed the Grazianos' action, ruling their claims were assigned to the carrier. On appeal, the order was modified: the dismissal of Action No. 1 was denied, and both actions were consolidated. The appellate court concluded that the carrier had waived its rights as an assignee against 210 West 29th Street Corp. by failing to pursue a claim against them.

Workers' Compensation LawAssignment of ClaimsPersonal InjuryProperty Owner LiabilityStatute of LimitationsWaiver of RightsConsolidation of ActionsAppellate ReviewInsurance SubrogationNew York Law
References
5
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

The court confirmed the disciplinary determination against the petitioner. The determination of guilt was based on the recreation worker's testimony regarding threatening statements made by the petitioner in the gym, which the worker perceived as directed at him due to a prior disagreement. The petitioner's and inmate witnesses' contrary testimony created a credibility issue for the Hearing Officer. Furthermore, the court rejected the petitioner's claim of res judicata, clarifying that a previous disciplinary determination, arising from a guilty plea for abusive statements made to the recreation worker on a different day, was a separate incident and thus had no preclusive effect on the current disciplinary action. The petition was ultimately dismissed.

inmate disciplinedisciplinary hearingthreatening statementscredibility issueres judicatacorrectional facilitiesadministrative determinationappellate reviewevidence
References
6
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Apr 04, 2005

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case consolidates two appeals arising from a 1985 real estate exchange involving Transport Workers Union of America Local 100 AFL-CIO (TWU) and 80 W.E.T.H. Corp. (80 WETH). Action No. 1 targeted real estate agents Alan G. Schwartz, Glen Allen Associates, Ltd., and Glen Equities, Ltd. for breach of fiduciary duty, contract, and constructive fraud. Action No. 2 was against attorney Richard L. O’Hara for breach of fiduciary duty and actual fraud. The court affirmed summary judgment for the Schwartz defendants, ruling claims time-barred under the statute of limitations, rejecting continuous representation and equitable estoppel. In the O'Hara action, breach of fiduciary duty claims were also dismissed as time-barred, but the actual fraud claim, initially preserved, was modified on appeal to be dismissed for 80 WETH. The disputes centered on undisclosed fees and potential conflicts of interest during the 1985 transaction.

Real Estate LawStatute of LimitationsBreach of Fiduciary DutySummary JudgmentEquitable EstoppelContinuous Representation DoctrineBrokerage FeesAttorney MisconductActual FraudConstructive Fraud
References
10
Case No. 03-15-00007-CV
Regular Panel Decision
Apr 09, 2015

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

John Doe, the Appellant, filed a grievance against a Texas-licensed attorney. The Chief Disciplinary Counsel (CDC) dismissed the grievance. Doe then filed a declaratory judgment action against the State Bar Defendants (Board of Directors of the State Bar of Texas, Commission for Lawyer Discipline, and Linda Acevedo in her official capacity as Chief Disciplinary Counsel) after the CDC denied his request for its recommendation to the Summary Disposition Panel (SDP), citing confidentiality rules. The trial court dismissed Doe's claims for lack of jurisdiction based on sovereign immunity, lack of standing or mootness, and lack of jurisdiction over his request related to the Texas Rules of Disciplinary Procedure. Doe appeals this dismissal, arguing that the State Bar Defendants are not immune from suit under Texas Rules of Disciplinary Procedure 15.09 or Sefzik, and that his claims are justiciable and do not seek to enjoin a grievance proceeding. He asserts he has standing due to an injury-in-fact and that the case is not moot under the 'public interest' exception.

Attorney DisciplineGrievance ProcessSovereign ImmunityDeclaratory Judgment ActionLegal EthicsJudicial ReviewTexas LawConfidentiality of GrievancesDue ProcessAdministrative Law
References
190
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
Case No. MISSING
Regular Panel Decision
Dec 15, 2014

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Samanthy Brooks, a food server, sued her employer, the Houston Independent School District (HISD), alleging retaliation under Title VII after she complained about a supervisor's racist remarks. HISD moved for summary judgment, asserting that all challenged personnel actions stemmed from Brooks's job performance issues, not retaliation. The court analyzed various alleged adverse actions, including disciplinary write-ups, suspension, transfer, and termination. It found Dauge's threats not materially adverse and most disciplinary actions, while some were adverse, were justified by Brooks's extensive history of rule violations and tardiness, rather than being a pretext for retaliation. The court also determined that decision-makers, like Mark Welch, were unaware of Brooks's protected activities when making key disciplinary decisions. Consequently, the court found no causal link between Brooks's protected activities and the adverse employment actions, granting summary judgment in favor of HISD.

Employment RetaliationTitle VIISummary JudgmentWorkplace DiscriminationDisciplinary ActionsJob PerformanceCausal LinkPretextCat's Paw TheoryAdverse Employment Action
References
35
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