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

Case No. ADJ8500471
Regular
Mar 05, 2013

CESAR ROBLES vs. FLORES AUTO REPAIR, FIRSTCOMP OMAHA for MARKEL INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by the defendant, Flores Auto Repair and its insurer, which the Workers' Compensation Appeals Board (WCAB) has dismissed. The dismissal is based on the petition being filed untimely, specifically more than 20 days after the initial order plus 5 days for mailing. The WCAB adopted the administrative law judge's report, which concluded the petition failed to meet the statutory deadline under Labor Code section 5903. Therefore, the WCAB ordered the petition for reconsideration dismissed.

Petition for ReconsiderationUntimely FilingLabor Code section 5903Code of Civil Procedure section 1013Workers' Compensation Appeals BoardAdministrative Law JudgeDismissalOrderMarkel Insurance CompanyFlores Auto Repair
References
0
Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. 2017-278 Q C
Regular Panel Decision
Feb 08, 2019

Flores v. A & A Family Beverage, Inc.

The Appellate Term, Second Department, affirmed an order denying the defendants' motion for summary judgment. Plaintiff Carlos Flores sought recovery for injuries sustained while unloading a truck owned by A & A Family Beverage, Inc. Defendants argued that Flores's sole remedy was workers' compensation benefits. The Civil Court found triable issues of fact regarding whether an employer-employee relationship existed between Flores and A & A, which would determine if workers' compensation was the exclusive remedy. The appellate court concurred, noting that the nature and extent of A & A's control over Flores needed to be determined by the trier of fact, and also clarified that Flores was not an employee of A & A under Workers' Compensation Law § 2 (4) as he was not a driver.

workers' compensationemployer-employee disputesummary judgment denialappellate reviewlabor lawpersonal injury claimexclusive remedytrucking accidentfactual disputerespondent vs appellant
References
1
Case No. MISSING
Regular Panel Decision
Aug 10, 2009

Rosario v. Montalvo & Son Auto Repair Center, Ltd.

This case involves an appeal by the defendant, Montalvo & Son Auto Repair Center, Ltd., from an order that granted the plaintiff's motion to confirm a referee's report and partially granted the plaintiff's cross-motion for summary judgment. The referee's report found that the plaintiff was injured while employed by the defendant on April 24, 2007, during the course of such employment. The appellate court reversed the order, holding that questions of fact regarding the plaintiff's employment status and injury in the course of employment should have been referred to the Workers' Compensation Board, as it has primary jurisdiction over such determinations. Additionally, the court found that the Supreme Court misapplied the doctrine of inconsistent positions or judicial estoppel because there was no prior legal proceeding where the defendant had successfully argued the plaintiff was its employee. The matter was remitted for a new determination of the plaintiff's cross-motion after resolution by the Workers' Compensation Board.

Workers' CompensationPersonal InjuryEmployment LawJudicial EstoppelPrimary JurisdictionAppellate PracticeSummary JudgmentReferee's ReportKings CountyCourt Procedure
References
7
Case No. ADJ11877438; ADJ11877439
Regular
Mar 28, 2025

WILLIAM ORLANDO ELIAS RAMIREZ vs. GRAND VIA AUTO REPAIR, ZENITH INSURANCE COMPANY

Applicant William Orlando Elias Ramirez claimed various injuries while employed by Grand Via Auto Repair, insured by Zenith Insurance Company. The workers' compensation administrative law judge (WCJ) issued a Joint Findings and Order, prompting defendant to seek reconsideration. The Appeals Board dismissed the petition for reconsideration, treating it as a petition for removal. The Board denied the petition for removal, concluding that no substantial prejudice or irreparable harm would result from the WCJ's interim procedural orders.

Interim Discovery OrdersPetition for RemovalPetition for ReconsiderationNon-Final OrderSubstantial Medical EvidenceQualified Medical EvaluatorPanel Qualified Medical EvaluatorInternal Medicine PanelOrthopedic ConditionsCumulative Trauma Injury
References
20
Case No. 2024 NY Slip Op 02303
Regular Panel Decision
May 01, 2024

Flores v. Fort Green Homes, LLC

The plaintiff, Carlos Lemus Flores, appealed an order from the Supreme Court, Kings County, regarding his personal injury claim against Fort Green Homes, LLC. Flores alleged violations of Labor Law §§ 240 (1) and 241 (6) after a fire extinguisher fell and struck him at a construction site while he was backfilling a foundation. The Supreme Court denied Flores's motion for summary judgment on Labor Law § 240 (1) liability and granted the defendants' motion to dismiss the causes of action under both Labor Law sections. The Appellate Division affirmed the Supreme Court's decision, finding that the falling fire extinguisher was not a material being hoisted or a load requiring securing under Labor Law § 240 (1), and that Industrial Code 12 NYCRR 23-1.7 (a) (1) was inapplicable because the incident area was not normally exposed to falling objects.

Personal InjuryConstruction Site AccidentFalling ObjectLabor LawSummary JudgmentAppellate ReviewStatutory InterpretationNegligenceSafety DevicesElevation-Related Risk
References
14
Case No. MISSING
Regular Panel Decision
Mar 20, 2000

Curran v. Auto Lab Service Center, Inc.

Michael J. Curran, a deliveryman, was injured in a truck accident and, along with his wife, sued Auto Lab Service Center, Inc., alleging faulty repairs. They attempted to amend their complaint to add D&M Auto Parts Corp., Curran's employer, as a direct defendant, claiming D&M destroyed the damaged truck and thereby impaired their ability to recover from Auto Lab. D&M, a third-party defendant, cross-moved to dismiss the third-party complaint, arguing Curran's injuries did not meet the 'grave injury' threshold under Workers' Compensation Law § 11. The Supreme Court denied both motions. On appeal, the court modified the order: the plaintiffs' motion to amend was properly denied as D&M had no duty to preserve the truck, but D&M's cross-motion to dismiss the third-party complaint should have been granted because Curran did not sustain a 'grave injury' as defined by statute.

Personal InjuryWorkers' CompensationGrave InjurySummary JudgmentAmended ComplaintSpoliation of EvidenceEmployer LiabilityThird-Party ActionAppellate ReviewDuty to Preserve Evidence
References
10
Case No. MISSING
Regular Panel Decision

Ulysse v. Nelsk Taxi, Inc.

Ewidby Ulysse, a mechanic's helper for Perfect Auto Repair Co., suffered severe burns during a taxi repair when gasoline ignited. After receiving workers' compensation, Ulysse and his wife sued Nelsk Taxi, Inc., and Marc Resilard for negligence and vicarious liability. The defendants impleaded Perfect Auto Repair Co. and its owner, Isaac Zubli. The Supreme Court denied Perfect Auto Repair Co.'s motion for summary judgment, but the Appellate Division reversed this decision. The Appellate Division granted summary judgment, dismissing the complaint and third-party complaint, reasoning that the accident was unforeseeable and vicarious liability could not be imputed due to co-employee immunity under Workers' Compensation Law.

Personal InjuryNegligenceVicarious LiabilityWorkers' Compensation LawSummary JudgmentForeseeabilityVehicle and Traffic LawCo-employee ImmunityAppellate DivisionThird-Party Complaint
References
4
Case No. MISSING
Regular Panel Decision

De La Cruz v. Caddell Dry Dock & Repair Co.

This case addresses whether municipal vessels qualify as "public works" under Labor Law § 220 and Article I, § 17 of the New York State Constitution, thereby mandating prevailing wages for workers involved in their construction, maintenance, or repair. Plaintiffs, employees of Caddell Dry Dock & Repair Co., Inc., sued their employer and its sureties, asserting that they were third-party beneficiaries to contracts between Caddell and New York City agencies for work on various municipal vessels, including Staten Island Ferries and fireboats. The lower courts had dismissed the complaint, citing prior precedent, but the Court of Appeals reversed this decision. The Court established a new three-prong test for determining if a project is a "public work": (1) a public agency must be a party to a contract involving laborers, (2) the contract must involve construction-like labor paid by public funds, and (3) the primary objective of the work must benefit the general public. Applying this test, the Court concluded that municipal vessels serving the general public's use or benefit are indeed "public works," thus granting the plaintiffs' motion for partial summary judgment on liability.

Public works doctrinePrevailing wage lawLabor LawState Constitutional LawMunicipal vesselsStaten Island FerryFireboatsPublic benefitConstruction laborPublic funds
References
18
Case No. 2025 NY Slip Op 03615
Regular Panel Decision
Jun 12, 2025

Breslin v. Access Auto Sales & Serv., LLC

Matthew M. Breslin, a cable technician, was injured after falling from an extension ladder while installing new cable service. He and his wife filed an action alleging violations of Labor Law §§ 240(1), 241(6), 200, and common-law negligence against Access Auto Sales, Spectrum, and National Grid entities. The Supreme Court denied all parties' motions for summary judgment, citing numerous questions of fact. On appeal, the Appellate Division modified the order, granting summary judgment to defendants for claims under Labor Law § 200 and common-law negligence, and dismissing Access Auto's cross-claims for indemnification/contribution, finding no evidence of their negligence or supervisory control. However, the denials of summary judgment for Labor Law §§ 240(1) and 241(6) claims were affirmed, as factual disputes remained regarding the adequacy of safety equipment and the proximate cause of the accident.

Labor Law Section 240(1)Labor Law Section 241(6)Labor Law Section 200Common-law negligenceSummary judgmentLadder accidentElevation-related hazardConstruction workProximate causeIndemnification
References
30
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