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

Case No. ADJ388201
Regular
Nov 12, 2010

RONALD WECHSLER vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

Defendant sought reconsideration of a prior WCAB decision that allowed applicant to reopen his case for increased permanent disability due to industrial hypertensive disease and resulting end-organ damage. Defendant argued that end-organ damage occurring outside the five-year limit from the date of injury barred recovery for new and further disability. The WCAB denied reconsideration, reaffirming that the parties' stipulation of injury to the cardiovascular system, including "hypertension and end organ damage," was binding and encompassed the current claim. The case is returned to the WCJ for determination of the extent of the applicant's increased permanent disability.

Petition to ReopenNew and Further DisabilityReconsideration DeniedPermanent DisabilityHypertensive DiseaseCardiovascular DiseaseEnd Organ DamageStipulated AwardDate of InjuryWCJ Decision
References
1
Case No. MISSING
Regular Panel Decision

Organized Maintenance, Inc. v. Brock (In Re Organized Maintenance, Inc.)

Organized Maintenance, Inc. (OMI), a Chapter 11 debtor, initially secured a Bankruptcy Court order in April 1985 that stayed the U.S. Department of Labor from pursuing debarment proceedings against OMI under the Service Contract Act, related to pre-bankruptcy wage and fringe benefit violations. The Bankruptcy Court's order also nullified a prior debarment decision and denied the defendants' motion to dismiss. The defendants, including the Secretary of Labor, appealed this decision to the District Court. During the appeal, OMI expressed its desire to withdraw the adversary proceeding and consented to the continuation of debarment processes. Consequently, the District Court vacated the Bankruptcy Court's order as moot, dismissed the adversary proceeding, and permitted the defendants to resume debarment proceedings against OMI, with each party bearing its own costs.

BankruptcyService Contract ActDebarmentWage ViolationsMootnessAdversary ProceedingFederal Government ContractsChapter 11Federal Rules of Civil ProcedureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Smith v. CONWAY ORGANIZATION, INC.

Plaintiff Sharon Smith, a black woman, sued The Conway Organization, Inc. for racial discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging she was not hired due to her race. Conway moved for summary judgment, asserting an 'after-acquired evidence' defense, claiming Smith misrepresented her employment history on her application. The court examined the circuit split on whether after-acquired evidence bars liability or only affects remedies in discrimination cases. Following precedents that limit such evidence to the remedies stage, the court denied Conway's motion for summary judgment, concluding that after-acquired evidence is not admissible to determine liability.

Racial DiscriminationEmployment DiscriminationTitle VIICivil Rights Act of 1964After-Acquired EvidenceSummary Judgment MotionResume FraudFailure to HireBurden of ProofPrima Facie Case
References
26
Case No. MISSING
Regular Panel Decision

Rodriguez v. South Bronx Development Organization

In March 1986, the plaintiff, an employee of the New York City Human Resources Administration (HRA) loaned to the South Bronx Development Organization (SBDO), sustained an injury. The plaintiff initially filed for Workers’ Compensation benefits, identifying HRA as the sole employer and subsequently received benefits. In March 1989, the plaintiff sued SBDO for negligence. SBDO denied negligence and asserted that Workers’ Compensation was the plaintiff’s exclusive remedy, moving for a stay on the grounds that the Workers’ Compensation Board had primary jurisdiction to determine the plaintiff’s employment status. The court determined that factual questions regarding the plaintiff’s status as a 'special employee' of SBDO warranted deferring the issue to the Workers’ Compensation Board’s expertise. Furthermore, the court found that any delay by SBDO in moving for the stay did not cause operative prejudice to the plaintiff, thus not justifying a denial of the stay.

Workers' CompensationSpecial EmployeeNegligencePrimary JurisdictionStay of ActionEmployment StatusDeferralOperative PrejudiceAppellate ReviewJurisdiction
References
2
Case No. MISSING
Regular Panel Decision
Mar 19, 1998

Conciatori v. Longworth

The plaintiff appealed two orders from the Supreme Court, Queens County. The first order, entered December 19, 1997, granted summary judgment to defendants Peter Longworth, Foley, Smit, O’Boyle and Weisman, CIGNA Companies Insurance Company of North America, and Janice Bogner, dismissing the defamation complaint against them, and denied the plaintiff's cross-motion to amend. The second, a judgment entered March 19, 1998, dismissed the complaint. The appellate court dismissed the appeal from the intermediate order as the right of direct appeal ended with the judgment entry. The court affirmed the judgment, concluding that statements made by attorney Peter Longworth at a Workers' Compensation Board hearing were absolutely privileged as they related to the hearing's subject. Furthermore, statements by Janice Bogner, acting within Cigna's employment and related to the Workers' Compensation Board matter, were qualifiedly privileged; the plaintiff failed to show malice. Claims for prima facie tort and tortious interference with contractual relations were also properly dismissed due to lack of specificity regarding special damages and failure to prove intentional procurement of contract breach, respectively.

Summary JudgmentDefamationAbsolute PrivilegeQualified PrivilegeWorkers' Compensation BoardPrima Facie TortTortious InterferenceAppellate ProcedureNew York LawAttorneys
References
14
Case No. MISSING
Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims
References
23
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. MISSING
Regular Panel Decision

Telephone Employees Organization, Local 1100, Communications Workers of America v. Woods

This case concerns a plaintiff union, Telephone Employees Organization, Local 1100, Communications Workers of America, attempting to convert a disciplinary financial sanction of $4,939.20 into a judgment against defendant John Woods. The sanction was imposed for Woods crossing a picket line during a strike, violating the union's constitution. Woods defended by claiming he was not a member of the union at the time. The court first determined it had jurisdiction over the nonmembership defense, rejecting the union's preemption argument. Subsequently, the court found that the plaintiff union failed to demonstrate Woods was formally admitted to membership in Local 1100 as required by its constitution and bylaws, lacking proof of an application or initiation fee payment. Consequently, as a nonmember, Woods was not bound by the union's rules prohibiting picket line crossing, rendering the fine unenforceable. The court dismissed the union's complaint and the defendant's counterclaim.

Union Disciplinary ActionPicket Line ViolationUnion Membership DisputeNLRA PreemptionState Court JurisdictionUnion ConstitutionContract EnforcementLabor LawUnion FinesResignation from Union
References
13
Case No. MISSING
Regular Panel Decision

Brown v. World Airways, Inc.

The plaintiff in this action alleged wrongful discharge from World Airways on June 19, 1981, due to union organizing efforts, in violation of the Railway Labor Act. The defendant moved to strike demands for damages beyond backpay, including emotional distress, injury to reputation, and punitive damages. The court found the defendant's cited precedents distinguishable and emphasized the strong public policy for comprehensive tort damages in cases where an employee lacks union representation. Such damages would deter illegal employer conduct that impedes unionization and facilitate collective bargaining. Therefore, the court denied the defendant's motion to strike the plaintiff's damage demands.

Railway Labor Actwrongful dischargeunion organizingpunitive damagesemotional distressbackpaylabor disputesemployer misconductcollective bargainingmotion to strike
References
4
Case No. MISSING
Regular Panel Decision

Stein v. Baumann

Plaintiffs Stein and Albanese, operators of yarn winding businesses, initiated actions to enjoin a defendant union from picketing their premises and disrupting deliveries from suppliers. The union, through its organizer Weintraub and official Epstine, threatened the plaintiffs with picketing and delivery cessation unless they signed union contracts, without making a bona fide effort to organize the employees themselves. Following the commencement of picketing in October 1956, four of the plaintiffs' suppliers indeed halted deliveries, leading the court to conclude that the union's primary objective was unlawful coercion of employers to compel employees to join the union. Finding that the plaintiffs lacked an adequate remedy at law due to ongoing business disruption and unquantifiable damages, the court granted an injunction, prohibiting all picketing for three months and permanently enjoining interference with yarn and supply deliveries. However, the court denied the plaintiffs' claims for money judgments, citing insufficient evidence to accurately determine the extent of their damages.

InjunctionLabor DisputeUnion PicketingUnlawful Union ObjectiveCoercion (Union)Employer-Employee RightsFreedom of Association (Employees)Organizational PicketingInterference with BusinessAdequacy of Legal Remedy
References
3
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