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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

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. 2025 NY Slip Op 02363 [237 AD3d 1126]
Regular Panel Decision
Apr 23, 2025

Sisalima v. Thorne Constr., Inc.

The plaintiff, Julio Wilmer Sisalima, allegedly sustained injuries after falling from a roof on January 4, 2019, while working on a project for Limonejo's Framing Corp. He subsequently initiated an action claiming a violation of Labor Law § 240 (1). Both the plaintiff's motion for summary judgment on liability and the defendant Limonejo's Framing Corp.'s cross-motion for summary judgment on its defenses (sole proximate cause and recalcitrant worker) were denied by the Supreme Court, Suffolk County. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that there were triable issues of fact regarding whether adequate safety devices were provided and if their absence proximately caused the accident. Additionally, the court found that the defendant failed to prima facie establish that the plaintiff was the sole proximate cause or a recalcitrant worker, as there was no evidence he was specifically instructed to use ropes and disregarded them.

Fall from RoofLabor Law ViolationSafe Place to WorkProximate CauseRecalcitrant Worker DefenseSummary Judgment DeniedPersonal InjuryAppellate ReviewConstruction AccidentSafety Devices
References
14
Case No. ADJ629563
Regular
Jun 10, 2014

CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the trial judge's findings and returned the case for further proceedings due to a denial of due process. The trial judge decided issues not presented by the parties, preventing them from offering evidence or arguing their case. The Board found the trial judge's framing of the sole issue as "good cause to violate the MPN agreement" was insufficient and failed to resolve the lien claim's ultimate entitlement to recovery. The case will be returned to the trial level to properly frame all contested issues and allow parties to present evidence.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNLien ClaimantDue ProcessFindings and OrdersReconsiderationExpedited HearingCompromise and ReleaseLien Trial
References
9
Case No. ADJ9364320
Regular
Jan 31, 2020

ANGELA PRINCE TAYLOR vs. COMPTON UNIFIED SCHOOL DISTRICT, LOS ANGELES UNIFIED SCHOOL DISTRICT

In this workers' compensation case, the Appeals Board granted reconsideration of the WCJ's findings regarding a stipulation between the applicant and Compton Unified School District. The Board rescinded the WCJ's order and returned the matter for further proceedings. This action was taken because the WCJ improperly framed the issues as the parties' arguments rather than actual disputes to be decided. The Board emphasized the need for clear issue framing to avoid piecemeal adjudication.

Petition for ReconsiderationStipulations with Request for Awarddate of injuryLabor Code section 5500.5res judicataWCAB jurisdictionFindings and OrderReport and Recommendationtrial levelparty defendant
References
1
Case No. ADJ1499047 (SAC 0273786)
Regular
Feb 07, 2011

ROBERT DOVE vs. CONTRACTOR'S LABOR POOL/PRODUCTION FRAMING, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, LIBERTY MUTUAL

The Appeals Board granted the applicant's petition for removal, reversing a prior order that denied rejoining CIGA. The applicant sustained a shoulder and spine injury and claims psychiatric sequelae, alleging general employment by Contractors Labor Pool (CLP), insured by CIGA via California Compensation Insurance Company in liquidation, and special employment by Production Framing Systems (PFS), insured by Liberty Mutual. Because the applicant may have worked for CLP for over six months but less than six months for PFS, CIGA is a necessary party to determine liability for potential psychiatric injury, as Labor Code section 3208.3(d) has specific six-month employment requirements. The Board rejoined CIGA to protect its due process rights and promote judicial economy, allowing it to participate in the adjudication of these complex liability issues.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceGeneral EmploymentSpecial EmploymentCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 3208.3(d)Psychiatric InjuryLiberty Mutual Insurance CompanyContractors Labor Pool
References
1
Case No. MISSING
Regular Panel Decision

Meinhardt v. Flynn

The plaintiff, on behalf of himself and others similarly situated, initiated an action seeking a permanent mandatory injunction and damages to be reinstated to membership in a trades union, alleging improper exclusion or expulsion. The case involved an order framing issues of fact for a jury trial, which was subsequently modified by the court. Specific items were struck from the original order, and two new items were inserted to cover factual issues arising from denials in the complaint. The modified order was affirmed without costs, granting the plaintiff an opportunity to frame additional questions. The Special Term’s discretion in granting the order under section 430 of the Civil Practice Act was upheld by the court.

Mandatory InjunctionDamagesTrades Union MembershipImproper ExclusionExpulsionJury Trial IssuesOrder ModificationCivil Practice ActAppellate ReviewProcedural Law
References
1
Case No. ADJ12304192
Regular
Mar 27, 2023

JOANNA ELLIOTT vs. PEPPERDINE UNIVERSITY, ADMINISTERED BY GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended the WCJ's decision. While the applicant is presumed to have sustained injury AOE/COE for asthma and digestive issues, the issue of lung disease and nose/throat injury AOE/COE was not properly framed for trial. Therefore, this specific issue has been deferred, pending further proceedings. The WCAB affirmed the WCJ's other findings based on the existing record.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardLung DiseaseAsthmaUpper Digestive SystemNose and Throat InjuryDeferred IssueFindings and OrderMedical Evidence
References
0
Case No. ADJ3388311 (ANA 0384909)
Regular
Nov 27, 2017

SHARON WATT LeBLANC vs. APRIA HEALTHCARE, AIG

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of the WCJ's decision. The Board rescinded the original findings due to procedural issues, including the WCJ's failure to properly frame the issues of permanent disability and apportionment, and the lack of a clear finding on the psyche injury. The case is returned to the trial level for reframing of issues, development of the record, and a decision on all outstanding matters, including the contested temporary disability award.

Petition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityMedical TreatmentQualified Medical EvaluatorOrthopedist1997 Schedule2005 ScheduleApportionment
References
0
Case No. 2024 NY Slip Op 00194 [223 AD3d 747]
Regular Panel Decision
Jan 17, 2024

Ochoa v. JEM Real Estate Co., LLC

Carlos Ochoa, the plaintiff, sustained personal injuries after falling from an A-frame ladder while working at a building owned by JEM Real Estate Co., LLC, and leased by Bobwhite Counter, LLC. He commenced an action alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted Ochoa's motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied the defendants' cross-motion to dismiss the Labor Law claims. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiff established a prima facie case of a defective ladder in violation of Labor Law § 240 (1) and that the defendants failed to raise a triable issue of fact. The court also upheld the denial of summary judgment dismissing the Labor Law § 241 (6) claim due to unresolved factual issues regarding Industrial Code violations.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewLadder AccidentWorkplace SafetyConstruction AccidentStatutory ViolationProximate CauseNondelegable Duty
References
14
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
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