Updated Daily

Case Law Database

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

Case No. ADJ4166687 (AHM 0046295) ADJ1681006 (AHM 0088073)

Regular

Jun 13, 2014

GINA NEVARES vs. McMASTER-CARR SUPPLY COMPANY, TIG/ZENITH INSURANCE COMPANY, ZURICH NORTH AMERICA

This case involves Gina Nevares as the applicant against McMaster-Carr Supply Company and its insurers. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed in this matter. The WCAB adopted the report of the workers' compensation administrative law judge and ordered the Petition for Removal dismissed. The dismissal is based on the WCJ's report, which is incorporated by reference.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDismissalGina NevaresMcMaster-Carr Supply CompanyTIG/Zenith Insurance CompanyZurich North AmericaADJ4166687ADJ1681006

References

Case No. NO. 2-02-418-CV

Regular Panel Decision

Jul 29, 2004

Gina Lively and Robert Lively v. Adventist Health System/Sunbelt, Inc. D/B/A Huguley Memorial Medical Center

This is a premises liability case arising from an alleged carjacking, abduction, and sexual assault of Gina Lively on the Hospital's premises. Gina and Robert Lively sued Adventist Health System/Sunbelt, Inc. d/b/a Huguley Memorial Medical Center, alleging negligence and breach of implied warranty. The trial court granted a directed verdict in favor of the Hospital. The Appellants appealed the directed verdict on premises liability, and the denial of their motion to reopen, for mistrial, and for a new trial and sanctions. The Court of Appeals affirmed the trial court's judgment, finding no evidence of cause-in-fact for negligence and no recognized cause of action for breach of implied warranty.

Premises LiabilityNegligenceDirected VerdictForeseeabilityCause-in-FactImplied WarrantyAbductionSexual AssaultEmployee SafetyInadequate Security

References

Case No. 07-09-0392-CV

Regular Panel Decision

Aug 31, 2011

Betty Domingo v. Cindy Skidmore, Donna Walker, Estella Barron, Brenda Mitchell, Gina Schultz and Sharla Pierce, and LGroup, a Texas General Partnership

Betty Domingo appealed the trial court's judgment, which denied her breach of contract claim against Cindy Skidmore, Donna Walker, Estella Barron, Brenda Mitchell, Gina Schultz, Sharla Pierce, and LGroup. Domingo argued errors in jury instructions and the denial of directed verdicts regarding partnership existence, damages, and attorney's fees. The appellate court affirmed the trial court's decision, finding no error in the jury instruction refusal as the 'essential element' of the contract was a fact issue. The court also held that a partnership was not established as a matter of law, precluding directed verdicts on damages and attorney's fees.

breach of contractlottery pooloral agreementpartnership lawjury instructionsdirected verdictcontract damagesattorney's feesappellate reviewTexas Business Organizations Code

References

Case No. MISSING

Regular Panel Decision

In re Jessica C.

This opinion addresses child abuse petitions filed by the Commissioner of Social Services of the City of New York against Gina C., a babysitter, concerning injuries to Travis S. and potential derivative neglect of Gina C.'s own child, Jessica C. The court examines whether a babysitter, whose services were performed outside the children's home and who is no longer employed, qualifies as a "person legally responsible" under Family Court Act article 10. Judge Guy P. De Phillips concludes that Gina C. is not a properly named respondent. Additionally, the court determines that a derivative finding of neglect for Jessica C. is not justified solely based on a single injury to Travis S., absent independent evidence of neglect. Consequently, both petitions against Gina C. are dismissed, emphasizing the limited jurisdiction of the Family Court and the specific interpretation of "person legally responsible" in the context of family-like relationships.

Child abuseChild neglectBabysitter liabilityFamily Court Act Article 10Legal responsibilityIn loco parentisJurisdictional limitsDerivative neglectStatutory interpretationParental responsibility

References

Case No. ADJ6707071

Regular

Nov 02, 2011

GINA STEWART vs. CITY OF LOS ANGELES

This case concerns applicant Gina Stewart's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied reconsideration, affirming the administrative law judge's findings. Applicant sought reversal of the 95% permanent disability rating and the denial of industrial injury to her vision and gastritis. The WCAB found that the Agreed Medical Examiner's reports did not provide substantial evidence for these claims, citing a lack of reasoning and specificity.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

References

Case No. ADJ10365809 ADJ9413677 ADJ9231147 ADJ9414072

Regular

Oct 06, 2017

GINA LUTTENEGGER vs. CITY OF MANHATTAN BEACH

The Workers' Compensation Appeals Board dismissed Gina Luttenegger's petition for reconsideration because it was taken from an interlocutory order regarding the disqualification of an agreed medical examiner, not a final determination of substantive rights or liabilities. The Board also denied her petition for removal, finding no substantial prejudice or irreparable harm would result from denial, and that reconsideration would be an adequate remedy if a final adverse decision is issued. The applicant can still request a supplemental report from the AME.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionProcedural IssueEvidentiary IssueThreshold IssueAgreed Medical Examiner (AME)Substantial Prejudice

References

Case No. ADJ481283 (MON 0323982)

Regular

Sep 28, 2009

GINA MALCOLM vs. KELLY STAFF LEASING, CNA

The Workers' Compensation Appeals Board (WCAB) denied Gina Malcolm's petition for reconsideration of a prior decision. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Therefore, the WCAB's order officially denies the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeWCJKelly Staff LeasingCNAGina MalcolmRonnie G. CaplaneJames C. Cuneo

References

Case No. MON 323982 MON 323983

Regular

Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

This case concerns Gina Malcolm's workers' compensation claims for a right hip injury and a left shoulder injury. The applicant sought reconsideration of a decision that apportioned 25% of her permanent disability for both injuries to pre-existing, non-industrial osteonecrosis. The Board denied reconsideration, affirming the original finding that the apportionment was proper based on the Agreed Medical Examiner's opinion regarding the causation of the permanent disability.

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman

References

Case No. ADJ3842635

Regular

Jun 03, 2015

GINA FLOYD vs. VHA, INC.; LIBERTY MUTUAL

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Gina Floyd's representative, Junior Medina of Allied Medical Group. The dismissal was based on the petition's failure to meet the Labor Code's verification requirement. Despite being given notice of this defect, no cure or compelling explanation was provided within a reasonable timeframe. The Board also noted that the petition would have been denied on the merits, had it not been dismissed for the procedural defect.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Verified PetitionNotice of DefectCure DefectCompelling ReasonNo PrejudiceWCJ ReportAppeals Board Rules

References

Case No. 2025 NY Slip Op 03616 [239 AD3d 1125]

Regular Panel Decision

Jun 12, 2025

Schott v. Lucatelli

Plaintiff, David Schott, sued defendant, Gina Lucatelli, for unpaid construction work on a home in Tompkins County, which he started building for her in 2018 without a written contract due to their familial relationship. A dispute arose in January 2020 over growing costs, and defendant subsequently locked plaintiff out of the unfinished home. Following a nonjury trial, Supreme Court awarded plaintiff $43,400 based on quantum meruit for the reasonable value of his services from May 2019 through January 2020, reduced by $12,750 for defective work, and dismissed defendant's breach of contract counterclaims. The Appellate Division, Third Department, affirmed both the Supreme Court's order and judgment, upholding the quantum meruit award and the grant of prejudgment interest.

Quantum MeruitConstruction ContractUnjust EnrichmentPrejudgment InterestNonjury TrialAppellate ReviewReasonable Value of ServicesDefective WorkFamilial RelationshipGeneral Business Law § 771

References

Showing 1-10 of 29 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. ADJ4166687 (AHM 0046295) ADJ1681006 (AHM 0088073)

Regular

Jun 13, 2014

GINA NEVARES vs. McMASTER-CARR SUPPLY COMPANY, TIG/ZENITH INSURANCE COMPANY, ZURICH NORTH AMERICA

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDismissalGina NevaresMcMaster-Carr Supply CompanyTIG/Zenith Insurance CompanyZurich North AmericaADJ4166687ADJ1681006

References

Case No. NO. 2-02-418-CV

Regular Panel Decision

Jul 29, 2004

Gina Lively and Robert Lively v. Adventist Health System/Sunbelt, Inc. D/B/A Huguley Memorial Medical Center

Premises LiabilityNegligenceDirected VerdictForeseeabilityCause-in-FactImplied WarrantyAbductionSexual AssaultEmployee SafetyInadequate Security

References

Case No. 07-09-0392-CV

Regular Panel Decision

Aug 31, 2011

Betty Domingo v. Cindy Skidmore, Donna Walker, Estella Barron, Brenda Mitchell, Gina Schultz and Sharla Pierce, and LGroup, a Texas General Partnership

breach of contractlottery pooloral agreementpartnership lawjury instructionsdirected verdictcontract damagesattorney's feesappellate reviewTexas Business Organizations Code

References

Case No. MISSING

Regular Panel Decision

In re Jessica C.

Child abuseChild neglectBabysitter liabilityFamily Court Act Article 10Legal responsibilityIn loco parentisJurisdictional limitsDerivative neglectStatutory interpretationParental responsibility

References

Case No. ADJ6707071

Regular

Nov 02, 2011

GINA STEWART vs. CITY OF LOS ANGELES

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryKidney InjuryHeart InjuryHypertensionLupusArterial FibrillationMitral Valve ProlapseHypertensive Heart Disease

References

Case No. ADJ10365809 ADJ9413677 ADJ9231147 ADJ9414072

Regular

Oct 06, 2017

GINA LUTTENEGGER vs. CITY OF MANHATTAN BEACH

References

Case No. ADJ481283 (MON 0323982)

Regular

Sep 28, 2009

GINA MALCOLM vs. KELLY STAFF LEASING, CNA

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeWCJKelly Staff LeasingCNAGina MalcolmRonnie G. CaplaneJames C. Cuneo

References

Case No. MON 323982 MON 323983

Regular

Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman

References

Case No. ADJ3842635

Regular

Jun 03, 2015

GINA FLOYD vs. VHA, INC.; LIBERTY MUTUAL

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Verified PetitionNotice of DefectCure DefectCompelling ReasonNo PrejudiceWCJ ReportAppeals Board Rules

References

Case No. 2025 NY Slip Op 03616 [239 AD3d 1125]

Regular Panel Decision

Jun 12, 2025

Schott v. Lucatelli

Quantum MeruitConstruction ContractUnjust EnrichmentPrejudgment InterestNonjury TrialAppellate ReviewReasonable Value of ServicesDefective WorkFamilial RelationshipGeneral Business Law § 771

References

Showing 1-10 of 29 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.