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Case Law Database

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

Case No. MISSING
Regular Panel Decision

District 2 Marine Engineers Beneficial Ass'n v. Puerto Rico Marine Management, Inc.

District 2, a marine engineers union, sued Puerto Rico Marine Management, Inc. (PRMMI) to compel arbitration after PRMMI terminated their collective bargaining agreement and discharged union members. PRMMI argued the agreement was terminable at will, while District 2 maintained it was still in effect, terminable only by the union. The court found both interpretations unpersuasive, ruling the agreement's extension implied a reasonable period for good faith negotiations and required reasonable notice for termination. Therefore, the court denied both parties' motions for summary judgment and PRMMI's motion to dismiss, ordering a factual hearing to determine the effectiveness of the termination, while making accrued benefit claims immediately arbitrable.

ArbitrationCollective Bargaining AgreementContract TerminationLabor DisputeSummary JudgmentSubject Matter JurisdictionUnionEmployerGood Faith NegotiationsReasonable Notice
References
6
Case No. MISSING
Regular Panel Decision

Claim of Newman v. Public Oversight Board

This case addresses the interpretation of Workers’ Compensation Law § 16 (2-a) concerning death benefits for a surviving spouse and children upon the spouse’s remarriage. The Workers’ Compensation Board ruled that the claimant, a surviving spouse, was entitled to a lump-sum payment, and her two children's benefits should increase to 25% each immediately upon her remarriage. The employer and its carrier appealed, contending that the children's increased benefits should be delayed for two years, arguing for a pervasive 66% wage share maximum. The court rejected this argument, affirming the Board's decision, clarifying that the remarriage lump-sum payment is not an advance but a separate entitlement, and thus, the children's benefits increase immediately.

death benefitssurviving spouseremarriage benefitschildren's compensationWorkers' Compensation Lawstatutory interpretationlump-sum paymentwage share maximumWorkers' Compensation Board decisionappellate affirmance
References
2
Case No. MISSING
Regular Panel Decision

Claim of Mihalaris v. UTOG 2-Way Radio, Inc.

A limousine driver, who leased his vehicle from Augie’s Auto Repair, Inc. (Augie) and was dispatched by UTOG 2-Way Radio, Inc. (UTOG), was assaulted and injured during a vehicle theft while working. Initially, a Workers’ Compensation Law Judge found the driver a general employee of Augie and a special employee of UTOG, apportioning liability. The Workers’ Compensation Board modified this, finding the driver solely an employee of UTOG, discharging Augie based on an interpretation of Workers’ Compensation Law § 2 (4) regarding lessor/owner control. UTOG and its carrier appealed, arguing the Board misapplied the law concerning taxicab drivers, contending the control-related factors only apply when the owner operates the taxicab 40+ hours weekly. The Appellate Court reversed the Board's decision, stating the Board incorrectly applied the statute by requiring control factors for Augie when the 40-hour exception was not met, and remitted the matter for a decision consistent with the controlling statute.

Workers' Compensation LawEmployment RelationshipLimousine DriverTaxicab DriversStatutory InterpretationLessor-Lessee RelationshipGeneral EmploymentSpecial EmploymentAppellate ReviewRemand
References
7
Case No. ADJ7499067
Regular
Jan 25, 2013

SUSANA AGUILAR VEGA vs. INTELLIGENT BEAUTY, ONEBEACON AMERICA INSURANCE COMPANY

Lien claimants Face 2 Face Interpreting and One World Translation Inc. sought reconsideration of an order dismissing their liens with prejudice. The WCAB dismissed their petitions because they were unverified, a requirement under Labor Code section 5902. The WCJ's report alerted the lien claimants to this defect, and they failed to cure it or provide an explanation within a reasonable time. Even if the petitions had been verified, the WCAB would have denied them on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensUnverified PetitionLabor Code Section 5902Verification DefectGood CauseNotice of Intention to DismissLien ClaimantsWCJ Report
References
1
Case No. ADJ2888679
Regular
Dec 29, 2011

RAMON BARAJAS vs. PIRANHA PIPE AND PRE-CAST, INC., MARSH USA

Lien claimants Face-2-Face and Dickman sought reconsideration after their liens were dismissed for non-appearance at a lien conference. The Appeals Board granted reconsideration, rescinded the dismissal order, and reinstated the liens. This action was taken because subsequent stipulations and orders on November 15, 2011, approved settlements for both Face-2-Face and Dickman's liens, resolving their claims. The Board's decision effectively affirmed these settlements while dismissing other previously dismissed liens.

Lien ClaimantReconsiderationOrder Dismissing LiensNotice of Intention to Dismiss LiensWCJPetition for ReconsiderationStipulation and OrderStipulation and AgreementRescindedIndustrial Injury
References
1
Case No. MISSING
Regular Panel Decision
Mar 11, 1994

Savino v. UTOG 2-Way Radio, Inc.

This case involves an appeal from a Workers' Compensation Board decision that determined an employer-employee relationship existed between a limousine driver, who was also a shareholder, and UTOG 2-Way Radio, Inc. The Board awarded workers' compensation benefits for injuries the claimant sustained while on duty. The appellate court affirmed the Board's finding, stating that the existence of an employer-employee relationship is a factual issue supported by substantial evidence, consistent with prior case law. The court also rejected the respondent's stare decisis argument, clarifying that administrative determinations under one statute are not binding under another.

Employer-employee relationshipWorkers' Compensation BoardLimousine driverSubstantial evidenceStare decisisUnemployment Insurance LawAppellate reviewIndependent contractor distinctionOn-duty injuryShareholder status
References
3
Case No. MISSING
Regular Panel Decision

Qavi v. Utog 2-Way Radio, Inc.

This case involves an appeal from a Workers’ Compensation Board decision, filed April 24, 1997, which determined an employer-employee relationship existed between a claimant, a limousine driver, and Utog 2-Way Radio, Inc., a dispatched car service. The claimant was injured in an automobile collision and sought benefits. The Board’s finding of an employer-employee relationship, crucial for benefit eligibility, was upheld by the appellate court due to substantial evidence of control exerted by Utog over the claimant. This determination aligned with previous similar cases involving Utog and other limousine drivers. The court rejected Utog’s arguments regarding a lease agreement and insufficient notice of claim, affirming the Board's decision.

Workers' CompensationEmployer-Employee RelationshipLimousine DriverAutomobile CollisionSubstantial EvidenceControl TestAppellate ReviewFactual IssueBoard DeterminationNotice of Claim
References
3
Case No. MISSING
Regular Panel Decision
Mar 17, 1971

Hodgson v. Liquor Salesmen's Union, Local No. 2

The Secretary of Labor brought an action to set aside the January 9, 1970 election of officers for Liquor Salesmen’s Union, Local No. 2, and to order a new supervised election. The Secretary alleged violations of 29 U.S.C. § 481(g), specifically that the Union used its financed publication, "The Journal," to promote incumbent candidates and that an employer used company funds to influence the election. The court found that the Union's use of "The Journal" did violate § 481(g) and that this likely affected the election outcome, given the narrow margins of victory for incumbents. However, the court found no direct employer contribution to promote candidates. The court also rejected the defendant's First Amendment and vagueness challenges to § 481(g). Consequently, the court voided the election and ordered a new election under the Secretary's supervision.

Union Election LawLMRDA Section 481(g)Union Funds MisuseCampaign LiteratureEmployer Election InterferenceExhaustion of Union RemediesFirst Amendment RightsLabor Organization GovernanceElection IrregularitiesFederal District Court
References
16
Case No. 2025 NYSlipOp 06668
Regular Panel Decision
Dec 02, 2025

Rivera v. Site 2 DSA Owner, LLC

Plaintiff was injured while lifting a heavy gang box into a truck. The Supreme Court denied plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim and granted defendants' motion to dismiss the complaint. The Appellate Division modified this decision, denying summary judgment to defendants on the Labor Law § 240(1) claim and reinstating it. Furthermore, the Appellate Division granted summary judgment on liability to the plaintiff for his Labor Law § 240(1) claim against specific defendants (Site 2 DSA Owner, LLC, Delancey Street Associates, LLC, and T.G. Nickel & Associates, LLC), while otherwise affirming the lower court's order. The court also noted a contradiction in pleadings regarding ownership by one of the defendants, Delancey Street Associates, LLC.

Labor LawSafe Place to WorkSummary JudgmentPremises LiabilityAppellate DivisionGang Box InjuryConstruction AccidentPleading ContradictionOwner LiabilityWorkplace Safety
References
2
Case No. MISSING
Regular Panel Decision

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors
References
7
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