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Case Law Database

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

Case No. ADJ8270217

Regular

Apr 18, 2016

Xavier Gillette vs. Dillard Trucking, AIG

The Workers' Compensation Appeals Board (WCAB) denied Xavier Gillette's petition for removal, upholding the WCJ's order closing discovery and setting the case for trial. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Gillette failed to demonstrate. The WCAB adopted the WCJ's reasoning that reconsideration would be an adequate remedy for any potential future adverse decisions. The WCJ found Gillette's arguments regarding unconsidered agreements and changed circumstances lacked merit and did not justify disrupting the trial setting.

Workers' Compensation Appeals BoardPetition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportMandatory Settlement ConferenceDiscovery ClosurePretrial Conference Statement

References

Case No. 2018 NY Slip Op 07102

Regular Panel Decision

Oct 24, 2018

Gillett v. City of New York

The plaintiff, a journeyman carpenter, was injured after falling from a closed A-frame ladder while installing sheetrock in the basement of P.S.70 in Queens. He commenced an action alleging, among others, a violation of Labor Law § 240 (1). The Supreme Court granted the defendants' motion for summary judgment dismissing this cause of action. On appeal, the Appellate Division reversed the Supreme Court's order, concluding that the defendants failed to satisfy their prima facie burden of establishing that the plaintiff's actions were the sole proximate cause of the accident. The court found that triable issues remained as to whether the ladder could have been placed safely and whether the plaintiff's use was tacitly approved, thus denying the motion for summary judgment.

Personal injuryLadder accidentLabor LawSummary judgmentAppellate reviewConstruction safetyWorker injuryProximate causeSafety regulationsPremises liability

References

Case No. ADJ1601344 (MON 0275791) ADJ2934340 (MON 0275793) ADJ2221693 (MON 0275795)

Regular

Feb 04, 2010

MARY GILLETT vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK PASADENA

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order disallowing a lien claimant's claim for dental treatment expenses. The Board found that the applicant's stipulation with the employer settling her primary injuries did not bind the lien claimant. Therefore, the case was returned to the trial level for a new trial to determine if the dental treatment was a compensable consequence of the stipulated industrial injuries. The lien claimant bears the burden of proving entitlement to reimbursement.

Lien claimantDental Trauma Centerindustrial injurytemporomandibular joint syndromeLabor Code section 4600medical treatment expensessubstantial evidencestipulated awardcompensable consequenceburden of proof

References

Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)

Regular

May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND

This case concerns the New York State Insurance Fund's (NYSIF) liability for workers' compensation claims filed by former New York Giants employees. NYSIF argued it was not liable due to sovereign immunity and limitations in its New York-centric insurance policies. The Workers' Compensation Appeals Board affirmed the Arbitrator's decision, finding that Coverage B of the policy broadly indemnified the Giants for employee injuries sustained "wherever such injuries may be sustained," without clear exclusionary language. This coverage extended despite NYSIF's arguments about its New York origin and lack of authorization to write insurance in California. The Board also deferred the jurisdictional question for individual claims to the Workers' Compensation Judge.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York Giantssovereign immunitycomitycoverageextraterritorial injuriesinsurance policy interpretationCoverage Bbusiness operations

References

Regular

May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND, et al.

The Workers' Compensation Appeals Board affirmed an Arbitrator's decision finding the New York State Insurance Fund (NYSIF) liable for workers' compensation claims against the New York Giants. Despite NYSIF's claims of sovereign immunity and limitations to New York coverage, the Board found that the policy's Coverage B provided indemnity for injuries sustained by employees "wherever such injuries may be sustained." The Board emphasized that insurance policy exclusions must be clear, and NYSIF failed to demonstrate any such limitations for injuries occurring outside New York, especially given the team's extensive operations outside the state. The Board also noted that NYSIF's contentions regarding California jurisdiction would be determined on a claim-by-claim basis.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York GiantsSovereign ImmunityComityCalifornia JurisdictionCoverage BOut-of-State InjuriesInsurance Policy LimitationsIndemnify

References

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Xavier Gillette vs. Dillard Trucking, AIG

Gillett v. City of New York

Personal injuryLadder accidentLabor LawSummary judgmentAppellate reviewConstruction safetyWorker injuryProximate causeSafety regulationsPremises liability

MARY GILLETT vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK PASADENA

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND

Workers' Compensation Appeals BoardNew York State Insurance FundNew York Giantssovereign immunitycomitycoverageextraterritorial injuriesinsurance policy interpretationCoverage Bbusiness operations

Workers' Compensation Appeals BoardNew York State Insurance FundNew York GiantsSovereign ImmunityComityCalifornia JurisdictionCoverage BOut-of-State InjuriesInsurance Policy LimitationsIndemnify