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

Case No. ADJ6650757
Regular
Nov 05, 2010

SANTOS BUENO vs. GOLDEN TREE HARVEST ENTERPRISES, ZENITH INSURANCE COMPANY

This case involves an applicant, Santos Bueno, versus Golden Tree Harvest Enterprises and Zenith Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the administrative law judge and found no basis to overturn the initial ruling. Therefore, the petitions for reconsideration have been officially denied.

WORKERS' COMPENSATION APPEALS BOARDSANTOS BUENOGOLDEN TREE HARVEST ENTERPRISESZENITH INSURANCE COMPANYADJ6650757San Fernando District OfficeORDER DENYING RECONSIDERATIONPetitions for Reconsiderationworkers' compensation administrative law judgedenial of reconsideration
References
0
Case No. MISSING
Regular Panel Decision

In re Exotic Island Enterprises

This case involves appeals by Exotic Island Enterprises and Sliffer Enterprises, Inc., corporations owned by Keith Slifstein, against decisions from the Unemployment Insurance Appeal Board. The Department of Labor had initially determined that exotic dancers performing at their venues, Fantasy Island Gent Club and Pleasure Island II, were employees, leading to assessments for additional unemployment insurance contributions. An Administrative Law Judge and subsequently the Unemployment Insurance Appeal Board affirmed this determination. The court, in turn, affirmed the Board’s decision, finding substantial evidence that the corporations exercised sufficient direction and control over the dancers to establish an employment relationship. Factors included Slifstein's involvement in dancer selection, scheduling, pricing for private dances, retention of a percentage of earnings, and provision of performance infrastructure. The court also noted the corporations' failure to provide remuneration documentation, allowing the Department to assess contributions based on available information.

Unemployment Insurance AppealExotic Dancers Employee StatusEmployer ControlUnemployment Insurance ContributionsAdministrative Law Judge DecisionWorkers Compensation CoverageLabor Law ComplianceAppellate ReviewSubstantial EvidenceBusiness Operations
References
7
Case No. 2023 NY Slip Op 00910
Regular Panel Decision
Feb 16, 2023

Matter of Guevara v. Greenvelvet Tree, Inc.

Claimant Wilfredo A. Guevara sustained injuries while employed by Greenvelvet Tree, Inc. The State Insurance Fund (SIF) attempted to cancel the workers' compensation insurance policy covering Greenvelvet Tree, Inc. for nonpayment of premiums. The Workers' Compensation Board ruled that SIF failed to properly cancel the policy with respect to Greenvelvet Tree, Inc., thus holding SIF responsible for the claim. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that carriers must strictly comply with Workers' Compensation Law § 54 (5) notice requirements. The court found SIF did not separately serve Greenvelvet Tree, Inc. with the cancellation notice, despite shared corporate interests and address, affirming the continuation of coverage.

Workers' Compensation InsurancePolicy CancellationNotice RequirementsStrict ComplianceEmployer LiabilityAppellate ReviewNonpayment of PremiumsCorporate EntitiesAdditional InsuredStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Golden v. Secretary of Health and Human Services

William Golden, a Vietnam veteran, challenged the Secretary of Health and Human Services' denial of disability benefits. Golden asserted disability since November 1980 due to severe Post Traumatic Stress Disorder (PTSD) and back problems, contrary to the Administrative Law Judge's (ALJ) finding of disability commencing November 1985. District Judge Curtin ruled that the ALJ incorrectly applied the treating physician rule by dismissing Dr. Herman Szymanski's retroactive diagnosis as speculative. The court emphasized that a treating physician's long-standing relationship with a patient warrants extra weight for their opinion, which Dr. Szymanski's opinion, supported by other witnesses, demonstrated despite some contradictory medical evidence. Ultimately, the court found the Secretary's denial unsupported by substantial evidence, granted Golden's motion for summary judgment, and remanded the case for benefit calculation.

PTSDDisability BenefitsSocial Security ActTreating Physician RuleRetroactive DiagnosisAdministrative Law JudgeMedical EvidenceVocational RehabilitationMental DisorderBack Pain
References
13
Case No. MISSING
Regular Panel Decision
Jun 18, 2003

Local 8A-28A Welfare and 401 (K) Retirement Funds v. Golden Eagles Architectural Metal Cleaning and Refinishing

The plaintiffs, Local 8A-28A Welfare and 401(k) Retirement Funds, sued defendant Golden Eagles Architectural Metal Cleaning and Refinishing, alleging violations of ERISA Section 515 and a collective bargaining agreement for failing to submit to an audit. Golden Eagles moved to dismiss the complaint, asserting lack of personal jurisdiction, improper venue, and the requirement for arbitration. The District Court, presided over by Judge Sweet, denied the motion, finding that personal jurisdiction existed over Golden Eagles due to ERISA's nationwide service of process provision, and venue was proper in the Southern District of New York as the Funds are administered there. Furthermore, the court determined that the Local 8A-28A Funds, as independent non-signatory entities, were not bound by the arbitration clause present in the collective bargaining agreement between the union and the employer. Consequently, Golden Eagles' motion to dismiss was denied.

ERISAPersonal JurisdictionVenueArbitrationCollective Bargaining AgreementEmployee BenefitsTrust FundsMotion to DismissNationwide Service of ProcessMinimum Contacts
References
26
Case No. MISSING
Regular Panel Decision

Rivera v. Harvest Bakery Inc.

This case involves allegations by plaintiffs Maximino Rivera, Miguel Roldan, and Oscar Quintanilla against Harvest Bakery, Inc., Robert Marconti, and Jose Gonzalez. The plaintiffs claim the defendants failed to pay overtime and spread of hours wages in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The core of the dispute revolves around whether the defendants had a common policy of not paying these wages to their production workers. The Court addresses the defendants' arguments regarding the prematurity and mootness of the plaintiffs' motion for class certification, ultimately rejecting them. The Court then proceeds to grant the plaintiffs' motion, certifying a class of current and former non-exempt hourly employees who worked for Harvest Bakery in New York, and appoints class counsel, finding that the requirements of Rule 23(a) and (b)(3) (numerosity, commonality, typicality, adequacy of representation, predominance, and superiority) have been met.

Wage and Hour LawOvertime PaySpread of Hours WagesClass Action CertificationRule 23(b)(3)FLSA ViolationNYLL ViolationCommonalityTypicalityNumerosity
References
55
Case No. MISSING
Regular Panel Decision

Bruno v. Dynamic Enterprises, Inc.

This case involves a personal injury action where Dynamic Enterprises, Inc. appealed a judgment in favor of the plaintiff. Dynamic contended it was engaged in a joint venture with Executive Club International, Inc. (ECI), the plaintiff's employer, arguing for dismissal based on workers' compensation exclusivity. However, the court found no joint venture, noting Dynamic and ECI were separate corporate entities, filed separate tax returns, and did not share income or losses. Consequently, Dynamic's workers' compensation defense was dismissed, and the judgment was unanimously affirmed with costs.

Personal InjuryJoint VentureWorkers' Compensation ExclusivityCorporate LiabilityAffirmation of JudgmentAppellate ReviewEmployer-Employee RelationshipNegligenceBusiness LawLegal Precedent
References
5
Case No. 2017 NY Slip Op 04783 [151 AD3d 521]
Regular Panel Decision
Jun 13, 2017

Kearney v. Capelli Enterprises

The Appellate Division, First Department, reviewed an order from the Supreme Court, New York County, concerning Alicia Kearney's personal injury lawsuit against Capelli Enterprises and George A. Fuller Company, Inc. The Supreme Court had granted summary judgment, dismissing the complaint against both defendants. On appeal, the court affirmed the dismissal against Capelli, concluding it had no involvement in the construction project or the dangerous condition, and Kearney had signed a release. However, the appellate court modified the order by denying summary judgment to Fuller. Fuller failed to demonstrate it owed no duty of care, did not create the hazardous condition, that the reported four-inch concrete mound in dim lighting was a trivial defect, or that a Workers' Compensation defense was applicable, noting issues with the clarity of the release and the "alter ego" argument.

Summary JudgmentPremises LiabilityConstruction AccidentDuty of CareRelease of ClaimsWorkers' Compensation DefenseTrivial DefectCorporate VeilAppellate ReviewTort Claims
References
1
Case No. ADJ7210934
Regular
Oct 01, 2012

GOMERCINDO RODRIGUEZ vs. GOLDEN HARVEST ENTERPRISES, ZENITH INSURANCE COMPANY

This case involves lien claimant New Age Imaging seeking reconsideration of their dismissed lien. The lien was dismissed because the claimant failed to appear at a scheduled lien conference, violating WCAB Rule 10562 which requires personal appearance and a representative with settlement authority. The Appeals Board denied reconsideration, adopting the WCJ's reasoning that the claimant's non-appearance, after receiving proper notice, provided no good cause for reinstatement. The Board emphasized that lien claimants become parties once the underlying claim is resolved and are subject to these procedural rules.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LiensWCJNotice of Intention to Dismiss LiensLien ConferenceGood CauseCompromise and ReleaseIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision

Emerson Enterprises, LLC v. Kenneth Crosby New York, LLC

This action involves environmental contamination of a property at 640 Trolley Drive in Gates, New York, owned by Plaintiff Emerson Enterprises, LLC. The contamination, involving PCBs, TCA, and acetone, originated from the dumping of cutting oil into a dry well by employees of Clark Witbeck, a former tenant, primarily before 1980. Plaintiff sued Dean Brodie, a former owner/operator of Clark Witbeck from 1980-1987, under CERCLA, RCRA, ECL, Navigation Law, and common-law torts. The Court granted summary judgment to Brodie on CERCLA, RCRA, ECL Article 37, Navigation Law § 176(8), trespass, and private nuisance claims, finding no evidence of dumping during his tenure or damage to adjacent properties. However, Brodie's motion was denied for negligence, strict liability, public nuisance, waste, equitable or implied indemnification, and restitution, as factual issues remain regarding his response to known past contamination. Plaintiff's cross-motion for summary judgment on Brodie's counterclaims was also granted due to lack of supporting evidence from Brodie.

Environmental ContaminationCERCLARCRAECLNavigation LawSummary JudgmentHazardous Waste DisposalStrict LiabilityNegligencePublic Nuisance
References
38
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