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Case Law Database

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

Case No. 2017 NY Slip Op 06175 [153 AD3d 700]
Regular Panel Decision
Aug 16, 2017

Melendez v. 778 Park Avenue Building Corp.

Plaintiff Christian Melendez was injured after falling from an unsecured plank while erecting a scaffold. He sued 778 Park Avenue Building Corporation (owner) and AM&G Waterproofing, LLC (general contractor) alleging violations of Labor Law §§ 240 (1), 241 (6), and 200, and common-law negligence. The Supreme Court granted summary judgment for defendants, which the Appellate Division affirmed. The court found Melendez was the sole proximate cause of his fall, the Industrial Code provisions cited were inapplicable or not causative, and the general contractor did not supervise or control the work for Labor Law § 200 and common-law negligence claims.

Scaffolding AccidentLabor Law LiabilitySummary Judgment AffirmationSole Proximate CauseConstruction Site SafetyGeneral Contractor ResponsibilityPremises Liability DefenseAppellate Division DecisionIndustrial Code ComplianceNegligence Claims
References
12
Case No. ADJ10295228
Regular
Oct 05, 2017

JEANETTA McCURINE vs. ON TIME STAFFING, TRAVELERS INSURANCE COMPANY

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board finding that the applicant's average weekly earnings were $465.40. The defendant argued this finding lacked substantial evidence and that alternative Labor Code sections should apply for calculating average weekly earnings. The Board denied reconsideration, finding the administrative law judge properly applied Labor Code section 4453(c)(1) based on the evidence presented and the applicant's employment history. The defendant failed to present evidence demonstrating that other sections of 4453(c) were more appropriate or that the applicant's earnings were irregular.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsIndustrial InjuryLumbar SpineCustomer Service RepresentativeLabor Code § 4453(c)Earning CapacitySubstantial Evidence
References
4
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
7
Case No. MISSING
Regular Panel Decision

Buffalo Civic Auto Ramps, Inc. v. Serio

This CPLR article 78 proceeding reviewed a determination by the Superintendent of Insurance, dated January 29, 2003, which reclassified parking ramp cashiers of Buffalo Civic Auto Ramps, Inc. (BCAR) from clerical "office employees" (Code 8810) to "automobile parking lot and drivers" (Code 8392) for workers’ compensation purposes. BCAR challenged this reclassification, arguing it was unsupported by substantial evidence and arbitrary and capricious, as their cashiers' duties were comparable to other clerical workers classified under Code 8810. The court found the Superintendent's determination lacked substantial evidence, noting no proof of increased hazard for BCAR cashiers compared to pari-mutuel clerks or bus terminal cashiers. The court also deemed the determination arbitrary and capricious due to inconsistent treatment of similarly situated cashiers. Consequently, the court vacated and annulled the Superintendent's determination and remanded the matter to the New York Compensation Insurance Rating Board for further proceedings.

ReclassificationWorkers' Compensation InsuranceAdministrative LawJudicial ReviewCPLR Article 78Substantial EvidenceArbitrary and CapriciousInsurance LawClerical ClassificationParking Garage Industry
References
5
Case No. ADJ7790883
Regular
Nov 01, 2012

MACARIO JAIMES vs. FS PRECISION TECH, TRAVELERS, STATE COMPENSATION INSURANCE FUND, PACIFIC COMPENSATION, HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration to obtain a hearing transcript and allow the defendant, Travelers Insurance, to submit correspondence. This correspondence, including a representation letter from applicant's attorney, is relevant to the presumed compensability of the applicant's industrial injury claim under Labor Code section 5402. The Board now intends to admit these documents into evidence unless a written objection with good cause is filed within 10 days. All future communications regarding this case must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardMacario JaimesFS Precision TechTravelersState Compensation Insurance FundPacific CompensationHome AssuranceChartisLabor Code section 5402presumption of compensability
References
0
Case No. ADJ717785 (MON 0357270) ADJ2210479 (MON 0357271) ADJ4156131 (MON 0357272) ADJ2088727 (MON 0357273)
Regular
Oct 12, 2009

GABRIELA MEDINA vs. INNOVATIVE FACILITY SERVICES, GALLAGHER BASSETT ELK GROVE

The Appeals Board granted reconsideration, rescinded the WCJ's decision of July 27, 2009, and returned the matter for further proceedings due to insufficient evidence on applicant's termination date, impacting the application of Labor Code section 3600(a)(10). The Board also noted the need for evidence regarding employer liability under Labor Code section 5402(c).

Workers' Compensation Appeals BoardGabriela MedinaInnovative Facility ServicesGallagher Bassett Elk GroveLien ClaimantArthur Malkin D.C.Joint Findings and OrderLabor Code Section 3600(a)(10)Post-Termination FilingsWCJ
References
0
Case No. VNO 0409413
Regular
Jul 18, 2008

LINDA SALVANERA vs. KELLY TEMPORARY SERVICES, CNA CASUALTY OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and issued a notice of intent to sanction defense attorney Ian D. Paige for attaching previously presented or record documents to his petition for reconsideration without alleging newly discovered evidence. This action violated WCAB regulations and is considered a sanctionable bad-faith tactic under Labor Code §5813 for willful failure to comply with regulatory obligations. The Board intends to impose a $200 sanction unless the attorney demonstrates good cause to the contrary.

Workers' Compensation Appeals BoardReconsiderationSanctionsLabor Code § 5813Bad Faith ActionsRegulatory ViolationIan D. PaigeStockwell Harris Widom Woolverton & MuehlDue ProcessNotice of Intention
References
11
Case No. ADJ8760174
Regular
Aug 08, 2014

JOSE LOPEZ vs. KAWEAH CONTAINER, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended the prior findings, admitting previously excluded medical reports from Dr. Opoku into evidence. The Board reversed the finding that the applicant's claims for injury to his neck, left hand, and back were barred by the post-termination defense, finding an exception applied under Labor Code section 3600(a)(10). However, the Board affirmed the finding that only injury to the applicant's right knee was proven by substantial evidence. The claim for discrimination under Labor Code section 132a was also affirmed as unsubstantiated.

WCABPetition for RemovalPetition for ReconsiderationFindings of FactOrderInjury AOE/COERight Knee InjuryPost-termination ClaimLabor Code § 3600(a)(10)Substantial Evidence
References
0
Case No. ADJ2275429 (VNO 0463950)
Regular
Mar 05, 2025

VINCENT DOWNEY vs. TECHNICOLOR, INC.; PACIFIC EMPLOYERS INSURANCE COMPANY; TECHNICOLOR FILM SERVICES; FEDERAL INSURANCE COMPANY; DELUXE LABORATORIES; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration as successive, finding it reiterated previously raised issues without presenting new evidence. Additionally, the Board dismissed the lien claimant's Petition for Disqualification against the Workers' Compensation Judge, citing untimeliness and a lack of sufficient factual allegations to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. The decision emphasizes that prior adverse rulings or expressions of opinion based on evidence do not constitute bias for disqualification.

WCABPetition for ReconsiderationPetition for DisqualificationLien ClaimantLabor Code section 5909EAMSWCJ ReportCode of Civil Procedure section 641WCAB Rule 10960Successive Petition
References
19
Case No. ADJ10908110
Regular
Mar 06, 2019

SHAKE KHACHATRIAN vs. STATE OF CALIFORNIA ATTORNEY GENERAL'S OFFICE, CALIFORNIA DEPARTMENT OF JUSTICE, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's claim for psychiatric injury. The defendant did not deny liability within 90 days, creating a presumption of compensability under Labor Code section 5402(b). However, the Board held that this presumption does not preclude the defendant from presenting evidence to support a lawful, good faith personnel action defense under Labor Code section 3208.3(h). This defense is considered exempt from the 90-day investigatory limitation, allowing the defendant to present all competent evidence regardless of when it was obtained. The case is therefore returned to the trial level for a new decision on the merits of the personnel action defense.

Labor Code section 5402presumption of compensabilityLabor Code section 3208.3(h)good faith personnel actionreasonable diligencecumulative industrial injurypsychiatric injuryDWC-1 claim formsubstantial causejudicial interpretation
References
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