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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

First Baptist Church of Olean v. Grey

This is a dissenting opinion concerning a summary judgment motion by American States Insurance Company, which sought a declaration that it was not obligated to defend or indemnify First Baptist Church of Olean (the Church) in an underlying personal injury action. The injury occurred in November 2000 when John S. Grey fell 20 feet from a ladder while performing construction work for the Church. The Church notified its insurer, American States, almost three years after the accident. American States disclaimed coverage due to the Church's failure to provide prompt notice as required by the policy. The dissent argues that the Supreme Court erred in denying American States' motion, concluding that the Church's delay in notification was unreasonable given its awareness of Grey's serious injury, and therefore American States should be absolved of its coverage obligations.

Insurance CoverageDeclaratory JudgmentSummary JudgmentTimely NoticePolicy ProvisionsCondition PrecedentPersonal InjuryConstruction AccidentGood-Faith BeliefLiability Assessment
References
14
Case No. MISSING
Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. ADJ7908352 (MF) ADJ8456209 ADJ7908386 ADJ8336972
Regular
Dec 12, 2017

DANIEL WALSH vs. LIVE NATION, INC., NEW HAMPSHIRE INSURANCE, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Daniel Walsh's claims for three specific injuries against Live Nation, Inc. The workers' compensation administrative law judge (WCJ) initially found these claims barred by the statute of limitations. However, the Appeals Board rescinded these findings, determining there was conflicting evidence regarding whether the employer had notice of the injuries and failed to provide the required claim form under Labor Code section 5401. The Board found that the employer's duty to provide a claim form is triggered by notice of an injury resulting in lost time or medical treatment beyond first aid, and that the issue of notice and resulting tolling of the statute of limitations requires further development at the trial level.

Workers Compensation Appeals BoardReconsiderationStatute of LimitationsLabor Code Section 5401Claim FormNotice of Potential EligibilityTollingDate of InjuryMedical TreatmentLost Time
References
4
Case No. MISSING
Regular Panel Decision

Claim of Cortese v. Rochester Products Division, G.M.C.

This case concerns an appeal from decisions of the Workers’ Compensation Board regarding a claimant who developed leg and back pain, culminating in a herniated disc, after a new work assignment involving lifting heavy carburetors. The self-insured employer appealed the Board's findings that the claimant sustained a compensable injury and that her failure to give timely statutory notice was excused. The court affirmed the Board's decisions, asserting that a compensable accident can arise from repetitive trauma leading to a sudden collapse, and the specific onset of severe pain satisfies the suddenness test. Furthermore, the Board properly excused the delayed notice as it neither aggravated the injury nor hindered the defense. Substantial medical evidence supported the causal relationship between the work activities and the injury.

Repetitive TraumaHerniated DiscLaminectomyDelayed Notice ExcusedCausal ConnectionSuddenness TestWorkers' Compensation Board AppealSubstantial EvidenceWork-related InjuryEmployer Liability
References
10
Case No. MISSING
Regular Panel Decision

Matter of Johnson v. T.L. Cannon Management

Claimant, a broiler cook, allegedly sustained a work-related injury in February 2012 but delayed applying for workers' compensation benefits until April 2013. The Workers' Compensation Law Judge initially disallowed the claim, citing claimant's failure to provide timely notice to the employer. The Workers' Compensation Board subsequently affirmed this decision. On appeal, the Court upheld the Board's determination, finding no grounds to overturn it. The Court emphasized the requirement for timely written notice of injury within 30 days, noting that while exceptions exist, excusing such failures remains within the Board's discretion, and the 14-month delay, coupled with the supervisor's lack of recall regarding an injury report, supported the Board's findings.

Workers’ CompensationTimely NoticeEmployer KnowledgeAccident ReportingCredibility DeterminationBoard DiscretionAppellate ReviewInjury ClaimAdministrative AppealWorkers’ Compensation Board
References
7
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. MISSING
Regular Panel Decision

Prendeville v. United States

This case involves a plaintiff suing the United States of America under the Federal Tort Claims Act (FTCA) for injuries sustained by John Prendeville at a VA Hospital, leading to paralysis. The defendants moved to dismiss the first cause of action, arguing that the plaintiff's complaint was untimely under the FTCA's two-year statute of limitations, claiming the cause of action accrued shortly after Prendeville's injury in September 1981. The court examined the accrual of a claim under the FTCA, which requires the plaintiff to discover both the injury and its cause. The court denied the defendants' motion for summary judgment, concluding that there was a factual dispute regarding when the plaintiff or Prendeville's family became aware of the alleged cause of the injury, potentially due to misleading statements from medical personnel.

Federal Tort Claims ActStatute of LimitationsMedical MalpracticeAccrual of ClaimSummary Judgment MotionSpinal Cord InjuryVA Hospital NegligenceWrongful Death ClaimIntubation ComplicationsDiscovery Rule
References
5
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Claim of Miller v. North Shore University Hospital

Claimant, a registered nurse, allegedly exacerbated an abdominal injury in September 1994 while at work, but did not file a workers' compensation claim until May 1996, after undergoing surgery. The workers' compensation carrier subsequently controverted the claim, citing untimely notice. Both a Workers' Compensation Law Judge and the Workers' Compensation Board determined that the claimant failed to provide timely notice to the employer as mandated by Workers’ Compensation Law § 18. On appeal, the court affirmed the Board's decision, concluding that the emergency room report was insufficient to constitute proper notice. Furthermore, the claimant did not meet his burden of proving that the employer was not prejudiced by the delay in notice, as the delay prevented an investigation prior to his surgery.

Timely NoticeEmployer KnowledgePrejudiceAbdominal InjuryRegistered NurseAccident ReportEmergency RoomSurgeryAppellate ReviewWorkers' Compensation Law § 18
References
5
Case No. MISSING
Regular Panel Decision
Sep 12, 2001

Claim of Oberson v. Bureau of Ferry Aviation & Transportation

The claimant was terminated from his employment as a marine oiler after a physical altercation with his supervisor in January 1993. He sought workers' compensation benefits, claiming a compensable psychological injury from the altercation. A Workers’ Compensation Law Judge disallowed the claim due to the claimant's failure to timely notify the employer of his injury. The Workers’ Compensation Board affirmed this decision, which was subsequently affirmed on appeal. Although the employer had actual knowledge of the altercation and termination, there was no indication they had actual knowledge of a psychological injury stemming from the altercation until 1999, approximately six years later. The Board's determination that the employer did not have timely notice and was prejudiced by the delay was supported by substantial evidence.

Workers' Compensation NoticePsychological Injury ClaimTimeliness of NoticeEmployer PrejudiceActual KnowledgeWorkplace AltercationEmployment TerminationWorkers' Compensation Board AffirmationAppellate ReviewStatutory Interpretation
References
6
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