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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

Sun Trading Distributing Co. v. Evidence Music, Inc.

Plaintiff Sun Trading Distributing Co., doing business as Muse Records and Landmark Records, filed a lawsuit against Evidence Music, Inc. and Kenwood Electronics Corp. alleging unfair competition under Section 43(a) of the Lanham Act and New York State common law. The core of the complaint revolved around the defendants' alleged unauthorized exploitation of sound recordings by jazz artists John Hicks, Edward “Sonny” Stitt, and Antoine Roney. Sun Trading claimed false designation of origin (reverse passing off) for the Stitt recording and false advertising for the Roney recording, leading to consumer confusion. The court granted the defendants' motion for summary judgment on the Lanham Act claims, finding insufficient evidence of actual or likelihood of consumer confusion. Consequently, the court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice, and denied the plaintiff's cross-motion to amend the complaint.

Lanham ActUnfair CompetitionTrademark InfringementCopyrightSound RecordingsJazz MusicConsumer ConfusionSummary JudgmentSupplemental JurisdictionBreach of Contract
References
23
Case No. MISSING
Regular Panel Decision
Jun 27, 1975

Nelson v. Dumpson

The court annulled the determination by the State Commissioner of Social Services, which had affirmed the New York City commissioner's decision to recoup an overpayment of public assistance from the petitioner. The overpayment was due to the inclusion of the petitioner's son, Frank, in the budget while he was outside the household. The initial determination was based on section 348.4 of the regulations of the State Department of Social Services (18 NYCRR 348.4), concerning 'suspected fraud' requiring evidence of willful withholding of information. However, the record from the fair hearing lacked substantial evidence to establish willful withholding or fraud. The petitioner testified to disclosing Frank's absence, and respondent's records did not contradict this. This annulment does not preclude the respondent from seeking relief for overpayment due to honest mistake.

public assistanceoverpaymentrecoupmentwillful withholdingfraudfair hearingsocial services regulationssubstantial evidenceannulmentremand
References
0
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. ADJ9292894
Regular
Jul 20, 2018

ELMER G. ARCHILA-GRACIA vs. GREENVIEW LANDSCAPE AND DESIGN LLC, STATE COMPENSATION INSURANCE FUND

Here's a summary of the case for a lawyer: The WCAB granted reconsideration and rescinded a prior order disallowing a lien claim due to a lack of record. The trial judge found no jurisdiction because no evidence of an employment relationship was adduced, but the Appeals Board found the record lacked required findings, evidence summaries, and admitted evidence. Consequently, the matter was returned to the trial level to develop the record on the employment issue and adjudicate the lien claim.

WCABLien ClaimantReconsiderationFindings and OrderJurisdictionEmployment RelationshipLabor Code Section 5313Substantial EvidenceDue ProcessDevelop the Record
References
8
Case No. ADJ1252927 (GRO 0027206)
Regular
Apr 16, 2013

DINA VILLAREAL vs. BEBE FARMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of its prior decision that found the applicant 100% permanently disabled. The defendant argued that the vocational expert's opinion was not substantial evidence and requested the case be remanded for further development of the record. However, the WCAB affirmed that parties must diligently develop the record before discovery closes, and it is not the Board's role to supplement a party's deficient evidence. Substantial evidence in the existing record supported the permanent total disability finding.

WORKERS' COMPENSATION APPEALS BOARDADJ1252927GRO 0027206Dina VillarealBebe Farms Inc.State Compensation Insurance FundReconsideration DeniedPermanent Total DisabilityVocational ExpertAnn Wallace PhD
References
6
Case No. ADJ1715257
Regular
Dec 10, 2010

BYRON BREAULT vs. F MCLINTOCKS SALOON, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the record inadequate to support the finding of 100% permanent disability. The Board noted due process concerns due to the inadequate record and the WCJ's lack of specific evidentiary support for the decision. The case was returned to the trial level for further proceedings to create a proper record and address vocational evidence concerning earning capacity. The WCJ must ensure all evidence is formally offered and ruled upon, and the decision must be based on specific evidence, not personal opinion.

Petition for ReconsiderationGood Cause to ReopenPermanent Disability RatingVocational Rehabilitation ExpertDue ProcessInadequate RecordSub Rosa VideoSubstantial EvidenceTotal Loss of Earning CapacityFuture Earning Capacity
References
6
Case No. ADJ9854290
Regular
Apr 10, 2017

MARY VIEIRA vs. PASO ROBLES TANK, INCORPORATED., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES

This case involves defendant's petition for reconsideration of a finding of total permanent disability due to an admitted industrial right ankle injury complicated by Complex Regional Pain Syndrome (CRPS). Defendant argues the Qualified Medical Evaluator's (QME) report lacks substantial evidence due to failure to review prior injury records and for not using DRE ratings. The Appeals Board granted reconsideration to admit a supplemental QME report that reviewed the prior injury records and did not alter the QME's opinions. The Board intends to admit this supplemental report unless good cause is shown within 15 days.

Complex Regional Pain SyndromeCRPSQualified Medical EvaluatorQMEsubstantial evidenceDRE ratingsAMA Guidessupplemental reportPetition for ReconsiderationFindings and Award
References
0
Case No. ADJ8914330 ADJ8914334
Regular
Oct 29, 2013

LUCIA GARCIA vs. BEST WESTERN AIRPARK HOTEL, CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order allowing the applicant to self-procure medical treatment outside the defendant's MPN. The Board rescinded the order because the WCJ failed to ensure a complete record, clearly state the issues for determination, and base the decision on admitted evidence. The matter was returned to the trial level for further proceedings, as the original expedited hearing was improperly conducted without a clear agreement on issues and insufficient evidence.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Expedited HearingDeclaration of Readiness to Proceed (DOR)Objection to Declaration of ReadinessReconsiderationRescindTemporary DisabilitySelf-Procure Medical TreatmentSubstantial Evidence
References
6
Case No. ADJ815719 (LAO 0886519)
Regular
Nov 04, 2011

MARTIN GRACIAN vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant challenging a judge's finding that the employer was not liable for medical treatment outside its Medical Provider Network (MPN). The Board found the judge failed to establish a proper evidentiary record, specifically by not admitting the employer's exhibits into evidence. Consequently, the Board rescinded the original decision and returned the case for further proceedings to create an adequate record to support any future determination regarding MPN applicability and notice.

MPNLien ClaimantReconsiderationFindings of FactEvidentiary RecordMedical Provider NetworkNotice of MPNLabor Code 4616Administrative Director Rule 9767.9Administrative Director Rule 9767.12
References
1
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
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