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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Paragon Process Service, Inc.

Paragon Process Service, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which held the company responsible for unemployment insurance contributions for its process servers from 1978 to 1980. Paragon contended that these process servers were independent contractors, not employees, over whom it exercised no control beyond legal requirements. The court, referencing precedents like *Matter of 12 Cornelia St. (Ross)*, determined that the Board lacked a rational basis for classifying the process servers as employees. Consequently, the court reversed the Board's decision. The matter was then remitted to the Unemployment Insurance Appeal Board for further proceedings consistent with this new finding.

Unemployment insuranceIndependent contractorProcess serversEmployer liabilityEmployee classificationAppellate reviewAdministrative decisionRational basis reviewLabor lawNew York law
References
2
Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
Case No. ADJ6739458 ADJ6739459
Regular
Nov 05, 2010

MARTA MAYA AFRIAT vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration and rescinded a WCJ's decision regarding applicant's cumulative trauma claim. Defendant argued it was denied due process as it was not afforded discovery or trial on this claim, having only agreed to submit issues regarding medical evidence discovery and Rule 30. The Board found the WCJ improperly ruled on the cumulative trauma claim's compensability, which was not limited to the agreed-upon discovery issues. The matter is returned to the trial level for further proceedings to ensure due process rights are met, including the defendant's right to discovery and trial.

WCABRemovalReconsiderationFindings of FactRulingMedical DiscoveryCompensableCumulative InjuryLabor Code Section 5402Due Process
References
10
Case No. ADJ10810740
Regular
Sep 10, 2019

EDWART HOVANESIAN vs. ARCADIA TRANSIT, INC., dba SUPERSHUTTLE OF SAN FERNANDO

This case involves an employer's petition for reconsideration of a workers' compensation award. The employer argued their due process rights were violated when the judge denied their post-trial motions to compel discovery and present additional witnesses. The Workers' Compensation Appeals Board denied reconsideration, finding that discovery closed at the mandatory settlement conference per statute and the employer failed to demonstrate due diligence. The Board concluded that procedural rules regarding timely disclosure of evidence do not violate due process, and the employer's strategic decision not to complete discovery did not excuse their failure to comply.

WCABPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndependent ContractorDue ProcessMandatory Settlement ConferenceDiscovery CutoffLabor Code Section 5502(d)(3)Pre-trial Conference Statement
References
10
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
References
15
Case No. MISSING
Regular Panel Decision

Mary Imogene Bassett Hospital v. Sullivan

This case addresses a plaintiff's challenge to the defendant Secretary's Medicare reimbursement determination for 1976-1981, made through Blue Cross/Blue Shield. The plaintiff filed a motion to compel discovery for six documents and sought access to a large Medicare patient data base for statistical analysis. The defendant invoked the predecisional/deliberative process privilege for the documents and argued irrelevance and Privacy Act protections against data base disclosure. The court granted discovery for one document (27) and the data base, finding it relevant to challenges to the regulations 'as applied' and their contravention of Congressional intent. However, discovery was denied for other documents based on valid claims of deliberative process privilege, with one denial having leave to renew.

Medicare reimbursementdiscovery disputedeliberative process privilegePrivacy Actagency regulationshealth care financingadministrative lawpredecisional documentsdata accessfederal court
References
15
Case No. 05-14-00653-CV
Regular Panel Decision
Oct 29, 2015

Donal R. Schmidt, Jr. v. BPC Corp.

Donal R. Schmidt, Jr. appealed a trial court's sanction of $42,000 in attorney's fees for failing to disclose board minutes related to BPC Corporation's alter ego cause of action during discovery. Schmidt argued he did not violate a discovery order or have a duty to supplement, or alternatively, the sanction was arbitrary and violated due process. The Court of Appeals found that Schmidt failed to produce ordered board minutes and admitted to violating the discovery order, thus engaging in sanctionable conduct under Texas Rule of Civil Procedure 215.2. The court also determined Schmidt waived his due process and arbitrary sanction amount arguments by failing to object at trial or file a post-judgment motion. Consequently, the appellate court affirmed the trial court's judgment.

Discovery SanctionsAttorney's FeesAlter EgoBoard MinutesFailure to DiscloseTexas Rules of Civil ProcedureDue Process WaiverAbuse of DiscretionAppellate ReviewTrial Court Judgment
References
4
Case No. MISSING
Regular Panel Decision

Steuben Foods, Inc. v. GEA Process Engineering, Inc.

Plaintiff Steuben Foods, Inc. initiated a patent infringement lawsuit against Defendants GEA Process Engineering and GEA Procomac S.p.A., alleging infringement of United States Patent No. 6,209,591. The case involved motions for summary judgment filed by the Defendants, which were subject to reports and recommendations by a Magistrate Judge. Following Plaintiff's objections to the Magistrate Judge's second Report and Recommendation, the District Court reviewed the matter de novo. The Court ultimately denied Plaintiff's objections and adopted the Magistrate Judge's recommendation, granting Defendants' amended motion for summary judgment. The decision hinged on the proper construction of the patent claim term "into," which the Court found to imply the possibility of contact with the contents of a region, a condition not met by the accused product.

Patent InfringementSummary JudgmentClaim ConstructionFederal Rules of Civil ProcedureMagistrate JudgeReport and RecommendationObjectionsSterile RegionsValve Activation MechanismAseptic Processing
References
12
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
Case No. MISSING
Regular Panel Decision
Nov 19, 2018

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

Plaintiff Golden Spread Cooperative, Inc. (joined by intervenor Westport Insurance Company) sued defendant Emerson Process Management Power & Water Solutions, Inc. for damages arising from a defective distributed control system (DCS) supplied by Emerson. The DCS, installed in Golden Spread's Unit 3 steam turbine, allegedly contained a logic error that caused the turbine to overheat and suffer extensive friction damage. Emerson moved for summary judgment, arguing that Golden Spread's claims for breach of contract, breach of express warranty, negligence, and strict product liability were barred by the contract's exclusive repair-or-refund remedy and the economic loss rule. The Magistrate Judge recommended granting summary judgment for Emerson, concluding that Golden Spread's acceptance of the DCS limited it to warranty claims which Emerson had fulfilled, and that the economic loss rule precluded tort recovery as the damage was to an integrated product, not 'other property.' The Senior Judge adopted these findings and recommendations, granting summary judgment in favor of Emerson.

Economic Loss RuleSummary JudgmentContract LawTort LawBreach of ContractBreach of WarrantyStrict Product LiabilityNegligenceComponent PartIntegrated Product
References
95
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