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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

New York City Employees' Retirement System v. Dole Food Co.

The New York City Employees’ Retirement System (NYCERS) sought a preliminary injunction to compel Dole Food Company, Inc. (Dole) to include NYCERS’ shareholder proposal regarding a health care committee in its proxy materials. Dole argued the proposal fell under exceptions for ordinary business operations, insignificant relationship, and being beyond its power to effectuate, as per SEC Rule 14a-8(c). The court, presided over by District Judge Conboy, analyzed each of Dole's arguments. The court found that Dole failed to prove the proposal related to ordinary business operations or had an insignificant relationship to its business, especially considering the potentially large financial implications of health care costs. Furthermore, the court disagreed that the proposal was beyond Dole's power to effectuate, as it merely requested a study. Concluding that NYCERS demonstrated a substantial likelihood of success on the merits and irreparable harm, the court granted the injunction, ordering Dole to include the proposal.

Shareholder ProposalProxy SolicitationPreliminary InjunctionCorporate GovernanceSEC Rule 14a-8Ordinary Business OperationsHealth Care ReformEmployee BenefitsIrreparable HarmShareholder Rights
References
27
Case No. MISSING
Regular Panel Decision
Jun 10, 1999

Tworek v. Mutual Housing Ass'n of New York, Inc.

The injured plaintiff, Cezary Tworek, an employee of Fresh Meadows Painting Corp., d/b/a Fresh Meadows Construction Contractors, suffered personal injuries after falling from a defective A-frame ladder while installing a structural beam. The incident occurred in a building owned by Mutual Housing Association of New York, Inc. (MHANY), which had contracted Fresh Meadows for renovation work. The Supreme Court granted Tworek partial summary judgment on liability under Labor Law § 240 (1), citing the uncontroverted evidence of the ladder's defective condition. Additionally, MHANY's cross-motion for summary judgment against Fresh Meadows on issues of contractual and common-law indemnification was granted, as MHANY's liability was vicarious, and Fresh Meadows was contractually responsible for safety equipment and controlled the work.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentContractual IndemnificationCommon-law IndemnificationVicarious LiabilityDefective EquipmentConstruction SiteEmployer Liability
References
5
Case No. ADJ8209565
Regular
Feb 20, 2013

MARIA ARRIOLA vs. DOLE FRESH VEGETABLES, SPECIALTY RISK

This Workers' Compensation Appeals Board order dismisses Maria Arriola's Petition for Reconsideration. The Board found the petition was not taken from a final order and was untimely filed. Therefore, the petition is dismissed.

Petition for ReconsiderationFinal OrderTimely-FiledWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedADJ8209565Dole Fresh VegetablesSpecialty RiskDeidra E. Lowe
References
0
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
1
Case No. ADJ10063328
Regular
Feb 26, 2016

DARRELL MARLOW vs. DOLE FOOD COMPANY, INC.

Dole Food Company sought removal of an order that took a denied claim off calendar, arguing it was prejudiced by an improper Panel QME appointment. However, the Workers' Compensation Appeals Board (WCAB) dismissed Dole's petition. This dismissal was because the parties subsequently agreed to a full settlement via Compromise and Release, which was approved by the WCJ. Therefore, Dole's petition became moot and was accordingly dismissed.

Petition for RemovalOrder Dismissing PetitionPanel Qualified Medical EvaluatorSpecialty DisputeExpedited HearingCompromise and ReleaseOrder Approving Compromise and ReleaseMootnessWorkers' Compensation Appeals Board
References
0
Case No. ADJ9442434
Regular
Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board case, *Hernandez v. Taylor Fresh Foods*, involves a petition for reconsideration that was dismissed as untimely. The Board found that the petition was filed over 25 days after the administrative law judge's decision, exceeding the jurisdictional deadline. Proof of mailing was insufficient; the petition needed to be *received* by the Board within the statutory period. Consequently, the Board lacked the authority to review the petition's merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Proof of Mailing InsufficientMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
4
Case No. 526239
Regular Panel Decision
Dec 20, 2018

Matter of Papadakis v. Fresh Meadow Power NE LLC

Claimant Matt Papadakis sustained work-related injuries in January 2015 and was awarded workers' compensation benefits. Subsequently, surveillance footage and social media evidence revealed that the claimant had made false representations regarding his physical limitations and activities. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's ruling that claimant violated Workers' Compensation Law § 114-a and disqualified him from receiving future wage replacement benefits. The Appellate Division affirmed the finding of a violation based on substantial evidence but remitted the matter to the Board because it failed to provide a reason for the imposition of the discretionary sanction disqualifying future wage replacement benefits, thus preventing appellate review.

Workers' Compensation BenefitsFalse StatementMaterial FactSurveillance EvidenceSocial Media EvidenceWage Replacement BenefitsDisqualificationAppellate ReviewRemittalJudicial Review
References
12
Case No. ADJ7756309
Regular
Jan 09, 2012

Miguel Robles vs. Evolution Fresh, Inc., Amtrust North America

In **Robles v. Evolution Fresh, Inc.**, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration. This action was taken to allow further study of the factual and legal issues presented in the case. The Board aims to issue a just and reasoned decision after thorough review and potential further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Decisionstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneDejdra E. Lowe
References
0
Case No. ADJ9181559
Regular
Sep 09, 2014

EXTRAIN CERVANTES vs. GARDEN FRESH RESTAURANT CORPORATION, TRAVELERS INSURANCE COMPANY

This case involves a petition for reconsideration and removal filed by the defendant, Garden Fresh Restaurant Corporation and its insurer, Travelers Insurance Company. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was improperly filed against a non-final interlocutory order. The WCAB also denied removal, finding no showing of substantial prejudice or irreparable harm. The defendant's attorney was admonished for filing the petition against a clearly non-final ruling.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWCJ RulingAdministrative Law JudgeTravelers Insurance Company
References
6
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
0
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