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

Case No. ADJ8766908
Regular
Aug 01, 2025

GERARDO MEDEROS vs. AG FORCE, LLC; CALIFORNIA FARM MANAGEMENT SELF INSURED GROUP

This case involves Gerardo Mederos, the applicant, and defendants AG Force, LLC, and California Farm Management Self Insured Group, administered by Intercare. The cost petitioner, Supreme Copy Service, sought removal or reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) order that deemed its notice of representation defective and took the lien trial off calendar. The Appeals Board ultimately dismissed the petition for reconsideration, granted the petition for removal, and rescinded the WCJ's April 30, 2025 order. The Board found that Supreme Copy Service's notice of representation complied with WCAB Rule 10401 and returned the matter to the trial level for further proceedings.

RemovalReconsiderationNotice of RepresentationWCAB Rule 10401Non-attorney representativeLien trialAdjudication NumberInterlocutory orderFinal orderLabor Code Section 5909
References
6
Case No. ADJ8586896
Regular
Dec 27, 2017

, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

This case concerns a deceased laborer, Jose Benitez, whose widow claimed his death from cellulitis resulted from an insect bite sustained while working for AG Force, LLC. Despite the lack of direct witnesses, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB found that the Administrative Law Judge's (ALJ) determination of industrial causation was supported by the credible testimony of the applicant's wife and medical reports. The Board emphasized the "reasonable probability" standard for industrial causation and gave deference to the ALJ's credibility findings.

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician
References
4
Case No. MISSING
Regular Panel Decision

Pierno v. Mobil Oil Corp.

On February 21, 2003, a gasoline barge exploded at Port Mobil in Staten Island, causing an earthquake-like force and destruction. Plaintiff Stephen Pierno, a New York City police officer, was injured when he tripped and fell on snow and ice on Port Mobil's driveway while responding to the explosion. Pierno sued Mobil Oil Corporation, the landowner, alleging negligence and premises liability under General Municipal Law § 205-e (1). Defendants Bouchard Transportation Co., Inc., B. No. 125 Corporation, and Bouchard Coastwise Management Corp. sought dismissal or a stay, citing a federal limitation of liability proceeding and a prior injunction. The court denied all defendant motions, asserting state court jurisdiction for the land-based negligence claim and declining summary judgment due to insufficient discovery.

Gasoline barge explosionPort MobilStaten IslandPolice officer injuryPremises liabilityNegligenceAdmiralty jurisdictionMaritime law preemptionGeneral Municipal Law § 205-eSummary judgment
References
12
Case No. MISSING
Regular Panel Decision

Alhovsky v. Ryan

Alexander Alhovsky, a professional clown, accidentally left his battery-powered balloon pump, which was mistaken for a bomb, in a Starbucks. Police identified Alhovsky and later arrested him with significant force after encountering him with a second similar device. Alhovsky sued the City of New York and several individual officers for false arrest, excessive force, and intentional infliction of emotional distress. The court granted summary judgment for defendants on the false arrest and IIED claims, citing probable cause and the high IIED standard. However, the court denied summary judgment for Officers Gaven, Morenzoni, and Paul on the excessive force claim, acknowledging disputed facts and witness testimony suggesting excessive force after Alhovsky was subdued.

Police BrutalityFalse ImprisonmentProbable CauseSummary JudgmentCivil Rights LitigationHoax Device StatuteQualified ImmunityIntentional Infliction of Emotional DistressMonell DoctrineNY Penal Law
References
25
Case No. MISSING
Regular Panel Decision
Nov 27, 2013

Carpenter v. City of New York

This case involves plaintiffs Heather Carpenter and Julio Jose Jimenez-Artunduaga suing the City of New York and several police officers under 42 U.S.C. § 1983 for false arrest and excessive force during an Occupy Wall Street protest in 2011. The plaintiffs were arrested for criminal trespassing in a Citibank branch after being asked by bank employees to leave. The court granted summary judgment in part, dismissing the false arrest claims against all defendants, finding that probable cause existed. The excessive force claims against the City were also dismissed due to a lack of Monell liability. However, the excessive force claims against the individual police officers, including Chief Esposito and Chief Hall, survived summary judgment, as genuine issues of material fact were found, making them triable by a jury. Later motions for interlocutory appeal and partial judgment were denied, confirming the case would proceed to trial on the remaining excessive force claims.

Civil Rights42 U.S.C. § 1983False ArrestExcessive ForceFourth AmendmentSummary JudgmentQualified ImmunityMonell LiabilitySupervisory LiabilityOccupy Wall Street
References
46
Case No. MISSING
Regular Panel Decision

PT Kaltim Prima Coal v. AES Barbers Point, Inc.

This case concerns a breach of a twenty-year coal supply contract between PT Kaltim Prima Coal (KPC) and AES Barbers Point, Inc. (AES). KPC, the supplier, claimed AES breached by refusing September and October 2000 shipments, while AES argued its refusal was excused by KPC's force majeure declaration. The court found AES reasonably refused the September shipment due to the ambiguity of KPC's force majeure notice and the need for prompt alternative supplies. However, AES was deemed to have breached the contract regarding the October shipment, as there was sufficient time for inquiry and KPC had indicated the force majeure event would be short-lived. Damages were awarded to KPC for the October breach, including the price difference and an availability bonus, along with pre-judgment interest.

Breach of ContractForce MajeureCoal Supply AgreementRequirements ContractAnticipatory RepudiationCommercial LawNew York LawDamagesMitigation of DamagesSummary Judgment Conversion
References
10
Case No. MISSING
Regular Panel Decision

United States v. Marcus

Defendant Glenn Marcus was convicted of sex trafficking and forced labor stemming from his abusive BDSM relationship with Jodi, who he coerced into performing sexual acts and labor for his commercial website. Marcus moved for a judgment of acquittal and a new trial, arguing the Trafficking Victims Protection Act (TVPA) did not apply to intimate relationships or consensual BDSM, and that there was insufficient evidence of a nexus between his force/coercion and the commercial sex acts or labor. The court denied both motions, upholding the convictions. The court found the TVPA statutes were broadly applicable, rejecting a narrow interpretation based on intimate relationships, and affirmed that evidence sufficiently demonstrated Marcus's use of non-consensual force and coercion to compel Jodi's participation in commercial sex acts and website-related labor, despite the BDSM context.

Sex TraffickingForced LaborBDSMRule 29 MotionRule 33 MotionTrafficking Victims Protection ActStatutory InterpretationRule of LenityCommercial Sex ActsSexual Exploitation
References
20
Case No. MISSING
Regular Panel Decision

Kornegay v. New York

Leon Kornegay, an inmate, initiated a pro se civil rights action under 42 U.S.C. § 1983 against various New York State Department of Correctional Services (DOCS) officials and state entities, alleging constitutional violations stemming from two incidents of excessive force by correctional officers. Defendants Glenn Goord, Lester Wright, Patrick Bryan, and John Dandrea filed for summary judgment. The court granted summary judgment for Goord and Wright, citing a lack of personal involvement, and for Dandrea, concluding the force used was de minimis. However, the summary judgment motion for Bryan was denied due to unresolved factual issues concerning his direct involvement or failure to intervene in an alleged excessive force incident. Plaintiff's separate motions to amend his complaint were denied without prejudice.

Inmate RightsExcessive ForceSupervisory LiabilitySummary JudgmentCorrectional OfficersConstitutional ViolationsEighth AmendmentSection 1983Failure to IntervenePrison Conditions
References
27
Case No. MISSING
Regular Panel Decision

Skorupski v. County of Suffolk

Joseph Skorupski and his mother sued Suffolk County, its Police Department, and officers under 42 U.S.C. § 1983, alleging civil rights violations and state law claims. The suit stems from Joseph's mistaken arrest and alleged assault on July 20, 1985, by officers who believed him to be an armed robbery suspect. During the arrest, Skorupski claims he was kicked, hit, threatened, and handcuffed before officers realized their error and released him. Defendants moved for summary judgment, arguing probable cause for arrest and denying excessive force. The court granted summary judgment for claims of unlawful arrest and against Detective Densing and municipal defendants, finding no policy of deliberate indifference to excessive force. However, the court denied summary judgment for claims of excessive force against other individual officers due to factual disputes and corroborating evidence.

Police misconductCivil rights violationExcessive forceFourth Amendment seizureQualified immunityMunicipal liabilityPendent jurisdictionSummary judgmentPolice department policyUnlawful arrest
References
24
Case No. MISSING
Regular Panel Decision

In re the Lithuanian Workers' Literature Society

The Lithuanian Workers’ Literature Society appealed a Kings Special Term order denying its motion to amend its certificate of incorporation. The proposed amendment sought to broaden membership qualifications from adhering to the Socialist Party to not opposing "Marxian principles". The court scrutinized whether "Marxian principles" endorse the overthrow of government by force, which is criminal under state Penal Law. Citing Karl Marx's historical support for forceful revolutions (e.g., Paris Commune), the court concluded that these principles were broad enough to justify illegal propaganda. Furthermore, the court noted that the proposed amendment would allow retention of members advocating "direct action" by force, contrary to the Socialist Party's recently amended platform promoting constitutional methods. Consequently, the appellate court affirmed the denial of the amendment, refusing to sanction an organization whose principles could potentially endorse unlawful means.

Corporate AmendmentSocialismMarxian PrinciplesFreedom of AssociationPolitical PropagandaConstitutional LawPenal LawAppellate ReviewMembership Corporations LawDirect Action
References
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