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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 23, 1995

Hansen v. Dean Witter Reynolds Inc.

Plaintiff Michele Hansen brought an action against her former employer, Dean Witter Reynolds Inc., alleging sex and pregnancy discrimination under Title VII, the Pregnancy Discrimination Act, and the New York Human Rights Law. Hansen claimed her termination from her position as Assistant Vice President/Intermediate Mortgage-Backed "Repo" Trader was discriminatory. Following a bench trial, the court found that Hansen failed to establish that Dean Witter terminated her on the basis of her sex or pregnancy, or that the employer's stated reasons for termination were pretextual. The court also denied Hansen's motion for sanctions related to the destruction of trading tickets, concluding that Dean Witter was not on notice of the tickets' specific relevance to the litigation. Consequently, the plaintiff's complaint was dismissed.

Sex DiscriminationPregnancy DiscriminationEmployment TerminationTitle VIINew York Human Rights LawPretext for DiscriminationHostile Work Environment ClaimSpoliation of EvidenceRule 37(b) SanctionsBurden of Proof
References
11
Case No. CV-23-1425
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Harold Hanson (dec'd) Donna Hanson

The Appellate Division reversed a Workers' Compensation Board decision denying death benefits to Donna Hanson for her deceased husband, Harold Hanson. Harold, a field service technician for General Electric, died from an acute aortic dissection, which claimant alleged was work-related. The case involved extensive procedural history, including a Workers' Compensation Law Judge (WCLJ) initially establishing the claim, followed by the Board's rescission and subsequent preclusion of claimant's medical evidence, specifically reports from Dr. Stern and Dr. Basri. The WCLJ ultimately disallowed the claim due to a lack of medical evidence, a decision affirmed by the Board. The Appellate Division found the Board's reasoning for precluding evidence inconsistent with its assertion that claimant had "ample opportunity" to submit proof, and also noted the Board's reliance on an inaccurate reading of the record, necessitating a remittal for further proceedings.

Workers' Compensation LawDeath Benefits ClaimCausal RelationshipAortic DissectionHypertensionMedical Report AdmissibilityProcedural ErrorsPresumption of CompensabilityBurden ShiftingAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Hansen v. Danish Tourist Board

Lis Hansen, a 60-year-old Danish citizen and U.S. permanent resident, sued the Danish Tourist Board for age and gender discrimination, and retaliation under Title VII, ADEA, NYHRL, and City HRL. She alleged sexual advances by a supervisor, followed by reduced wage increases, increased workload, and denied promotions. She claimed a younger, less qualified woman was promoted over her, and subsequently faced a campaign of harassment leading to her termination. The Tourist Board moved to dismiss the complaint on several grounds, including exemption from ADEA/Title VII, FSIA immunity, failure to exhaust EEOC claims, and statute of limitations. The court denied dismissal based on ADEA/Title VII applicability and FSIA immunity, finding the employment decisions were commercial activity. However, it granted dismissal for the sex discrimination and Title VII retaliation claims due to Hansen's failure to exhaust administrative remedies with the EEOC, as these claims were not 'reasonably related' to her EEOC charge. The court denied dismissal for ADEA and ADEA retaliation claims, and state-law age discrimination claims, applying a 'continuing-violation' exception to the statute of limitations. State-law sex discrimination claims were dismissed as time-barred. Finally, the plaintiff's request for a jury trial was struck as the Tourist Board is considered an agency of a foreign state.

Age DiscriminationGender DiscriminationEmployment LawTitle VIIADEANew York State Human Rights LawNew York City Human Rights LawMotion to DismissForeign Sovereign Immunities ActCommercial Activity Exception
References
30
Case No. ADJ10950502
Regular
Mar 10, 2020

ROBERT HANSEN (Deceased), DIANA HANSEN, MAYA HANSEN, CALLIE HANSEN, ROBERT GENE REINHARDT, Guardian Ad Litem For MATTHEW HANSEN and TAYLOR HANSEN vs. FREIGHT HANDLERS, LLC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.

Compensable Industrial InjurySuicide DefenseIntoxication DefenseCourse of EmploymentCommercial Traveler RuleProximate CauseBurden of ProofSubstantial Evidence RuleCredibility DeterminationsZero Tolerance Policy
References
11
Case No. ADJ1229365 (SBR 0302024) ADJ4532708 (SBR 0297673)
Regular
Jun 17, 2011

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision barring a lien claim from Arrowback Medical Group (AMG). The WCAB found that while AMG's delay in prosecuting its lien claim was not ideal, the defendant, County of San Bernardino, failed to prove prejudice. The stipulated awards in the underlying workers' compensation cases acknowledged AMG's lien and agreed to address it on the merits. Therefore, the case is returned for further proceedings and a new decision on the lien claim.

LachesReconsiderationLien ClaimStipulated AwardPermanent DisabilityFuture Medical TreatmentMedical-Legal ExpensesPrejudiceUnreasonable DelayJurisdiction Reserved
References
10
Case No. ADJ1229365 (SBR 0302024)
Regular
Jan 31, 2012

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the defendant requested it, and the Board needs more time to fully study the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision. All further filings in this matter must be sent directly to the WCAB's San Francisco office and not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationCounty of San BernardinoPermissibly Self-InsuredLien ClaimantArrowback Medical GroupHarold HansenOpinion and OrderStatutory Time Constraints
References
0
Case No. ADJ3401110 (RDG 0077725) ADJ1171761 (RDG 0076230)
Regular
Jul 17, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board (WCAB) dismissed Harold Houston's petition for reconsideration against the City of Redding. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), finding no grounds for reconsideration. The petition was also dismissed as a petition for removal due to no pending challengeable order and a request for WCJ disqualification was denied for lack of grounds.

Petition for ReconsiderationDismissalRemovalDisqualificationWCJ biasWorkers' Compensation Appeals BoardAdministrative Law JudgeCity of ReddingHarold HoustonHanna Brophy
References
0
Case No. ADJ1171761 (RDG 0076230) ADJ3401110 (RDG 0077725)
Regular
Dec 10, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board granted the City of Redding's petition for reconsideration regarding a prior award of medical mileage reimbursement to Harold Houston. While affirming the award of medical mileage, the Board amended the Findings of Fact to clarify that no past interest is due. Interest on the medical mileage will only accrue from the date the amount becomes determined and payable, as per Labor Code section 5800. The case was returned to the trial level for further proceedings to determine the specific amount owed.

Workers' Compensation Appeals BoardCity of ReddingHarold HoustonPetition for ReconsiderationFindings Award and OrderCompromise & Releasemedical mileagefuture medical treatmentLabor Code section 5800accrued interest
References
0
Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
References
0
Case No. MISSING
Regular Panel Decision
Aug 08, 2002

Frey v. Whistler

Julie A. Frey, a volunteer firefighter, commenced a negligence action after sustaining injuries in a fire truck collision with a vehicle driven by Harold J. Whistler. Whistler, in turn, initiated a third-party action against the Town of Newstead Fire Co., Inc. and William G. Hawes, the fire truck driver. The Supreme Court, Erie County, initially granted summary judgment dismissing the third-party complaint, concluding that Frey had not suffered a "grave injury" as defined by Workers' Compensation Law § 11. However, the appellate court reversed this decision, clarifying that the Volunteer Firefighters' Benefit Law, which lacks the "grave injury" limitation, governs such third-party actions, not the Workers' Compensation Law. The court emphasized that it would not read the Workers' Compensation Law's specific amendments into the distinct statutory scheme of the Volunteer Firefighters' Benefit Law without express legislative intent.

Volunteer Firefighters' Benefit LawWorkers' Compensation Law § 11Grave InjuryThird-Party ActionStatutory InterpretationLegislative IntentEmployer LiabilityCoworker LiabilitySummary JudgmentAppeal Reversal
References
6
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