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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

Hanna-Barbera Productions, Inc. v. Screen Gems-Emi Music Inc.

Plaintiff Hanna-Barbera Productions, Inc. sued Screen Gems-EMI Music Inc., Colgems-EMI Music Inc. (collectively EMI), and Broadcast Music, Inc. (BMI) for copyright infringement and state law violations. EMI moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that the claims were primarily based on contract law, not copyright law. The court applied the three-part Schoenberg v. Shapolsky Publishers, Inc. test, determining that Hanna-Barbera's infringement claim was incidental to contract disputes, not a breach of a condition to a copyright contract, and EMI's actions did not constitute a material breach creating a right of rescission. The court found that the central issue revolved around the interpretation of contracts regarding copyright ownership and revenue distribution, which falls under state contract law. Therefore, the court granted EMI's motion, dismissing both federal and state claims for lack of subject matter jurisdiction.

Copyright infringementContract disputeSubject matter jurisdictionFederal courtLicense agreementRoyaltiesMusic copyrightsDismissalSecond Circuit lawSchoenberg test
References
19
Case No. ADJ1521373 (SFO 0475882)
Regular
Feb 03, 2012

JOHN KOCH vs. R.E. STATE ENGINEERING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE GROUP, in liquidation

In this workers' compensation case, the applicant's employer sought reimbursement from CIGA for benefits paid to the applicant following an industrial injury. The applicant was entitled to benefits under both California workers' compensation law and the federal Longshore and Harbor Workers' Compensation Act (LHWCA). CIGA argued it was not liable because the applicant claimed benefits under the LHWCA, which is excluded from CIGA's covered claims. The Appeals Board, however, affirmed the WCJ's decision, finding that the employer's claim for reimbursement of California statutory benefits was a "covered claim" and CIGA was liable due to the insolvency of the employer's insurer, Fremont. The Board reasoned that the employer's payment of LHWCA benefits did not make them "other insurance" and the claim was for benefits due under California law, not the LHWCA itself.

CIGAFremont Insurance GroupLongshore and Harbor Workers' Compensation ActLHWCAcollateral estoppelcovered claimInsurance Code Section 1063.1insolvencyreimbursementstate workers' compensation
References
16
Case No. MISSING
Regular Panel Decision

Hanna v. Clarke

Albert J. Hanna, an executive delegate of Buffalo Local No. 1, brought an action against Paul J. Clarke, president of the Empire State Telephone Workers’ Organization, seeking a declaratory judgment. Hanna challenged his removal by the union's executive committee for allegedly not taking an active part in a meeting. He argued he was deprived of a fair hearing, as his request for postponement due to dental surgery was denied, and that his actions did not warrant charges under the union's constitution. The court found that while Hanna's actions were "childish, undignified and irritating," they did not justify the charges. Consequently, the court granted Hanna a declaratory judgment, declaring the executive committee's action null and void and enjoining them from disapproving his redesignation on the grounds previously stated.

Declaratory JudgmentUnion LawExecutive DelegateFair HearingDue ProcessUnion ConstitutionInternal Union DisputeWorkers' RightsPostponement RefusalExecutive Committee
References
1
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. ADJ4332905 (SAL 0109881)
Regular
Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

California Physicians Network (CPN) and its representative, Dennise Mejia, were sanctioned $2,500.00 jointly and severally for filing a frivolous and untimely petition for reconsideration that lacked proper verification and contained erroneous facts. The Board dismissed their reconsideration request because it did not challenge a final order and was procedurally deficient. CPN and Mejia failed to respond to the Board's notice of intent to impose sanctions. The defendant's claim for additional trial-level costs and attorney's fees was deferred to the workers' compensation administrative law judge for initial determination.

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous
References
6
Case No. 2020 NY Slip Op 03703
Regular Panel Decision
Jul 02, 2020

Matter of Djukic v. Hanna Andersson, LLC

Claimant Anela Djukic, a sales lead for Hanna Andersson, LLC, slipped and fell inside a shopping mall entrance on her way to work. A Workers' Compensation Law Judge initially established her claim, but the Workers' Compensation Board reversed, finding the injury did not arise out of and in the course of her employment. The Appellate Division, Third Department, affirmed the Board's decision, reiterating that for off-premises accidents to be compensable, there must be a special hazard at the location and a close association of the access route with the employment premises. The court found no evidence that the chosen entrance served a business purpose, was controlled by the employer, or presented a risk specifically related to claimant's employment, concluding the wet ground condition was a general danger to any passerby.

off-premises injurygoing and coming rulespecial hazard exceptionWorkers' Compensation BoardAppellate Divisionslip and fallmall entrancecourse of employmentarise out of employmentemployer control
References
9
Case No. ADJ7568484
Regular
Nov 14, 2014

CHERISH ORANJE vs. CRESTWOOD BEHAVIORAL HEALTH, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves a workers' compensation applicant residing in Nevada who was receiving telephonic therapy from a California-licensed Marriage and Family Therapist. The defendant sought reconsideration, arguing that the telephonic therapy violated Nevada law as the therapist was not licensed in Nevada. The Workers' Compensation Appeals Board denied the petition, holding that California law governs treatment for injuries sustained in California, and the teletherapy in question complied with California's telehealth statutes. The Board concluded that the therapist's location in California while providing services to a Nevada resident did not violate California law, and any potential violation of Nevada law was irrelevant to the California workers' compensation claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderMedical TreatmentTelephonic TherapyMarriage and Family TherapistTelemedicine Development ActTelehealth Advancement ActBusiness and Professions CodeSynchronous Interaction
References
0
Case No. ADJ7598160
Regular
Nov 19, 2014

MAURICE JOHNSON vs. PHILADELPHIA EAGLES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, in liquidation, FAIRMONT PREMIER INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a lower decision, finding California lacked jurisdiction over a professional football player's cumulative trauma claim against the Philadelphia Eagles. The Board held that playing only two games in California did not create a sufficient connection to the injury to warrant applying California law, citing *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. The applicant's limited physical presence and routine pre/post-game treatment in California were deemed de minimis. Therefore, the applicant took nothing on his California WCAB claim.

CIGAPhiladelphia EaglesReliance Insurance Companycumulative traumaprofessional football playerjurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)administrative law judgepermanent disabilityapportionment
References
16
Case No. MISSING
Regular Panel Decision

Konopczynski v. Adf Constr. Corp.

Plaintiff brought a Labor Law and common-law negligence action for injuries sustained after tripping in a floor depression at a worksite. The Supreme Court initially granted the defendant's motion for summary judgment, dismissing the complaint. On appeal, the order was modified. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim, agreeing that the floor depressions were an integral part of the construction. However, the court reinstated the Labor Law § 200 and common-law negligence claims, finding that the defendant failed to prove a lack of constructive notice regarding the hazardous conditions, despite the open and obvious nature of the depression.

Personal InjuryWorkplace AccidentTripping HazardSummary JudgmentPremises LiabilityConstructive NoticeComparative FaultLabor Law § 200Labor Law § 241(6)Common-Law Negligence
References
6
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
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