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

Case No. ADJ3853778 (VNO 0514688)
Regular
May 20, 2013

HEREDIO ALONSO-USATORES vs. SPEARS MANUFACTURING COMPANY, ZURICH NORTH AMERICA

This case involves an applicant who claimed a left knee injury sustained on October 18, 2004, while employed by Spears Manufacturing Company. The defense argued the injury was not supported by evidence, questioned the applicant's credibility due to language barriers, and asserted it was not industrial or timely reported. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of an industrial left knee injury based on persuasive medical evidence from an Agreed Medical Examiner and the applicant's credible testimony. The Board gave significant weight to the judge's credibility determination, affirming the award for temporary disability and reimbursement for EDD payments.

Workers Compensation Appeals BoardSpears Manufacturing CompanyZurich North AmericaHeredio Alonso-UsatoresOrder Denying ReconsiderationGarza v. Workers' Comp. Appeals Bd.John C. GutierrezReport and RecommendationPetition for ReconsiderationLeft Knee Injury
References
1
Case No. 2020 NY Slip Op 05443
Regular Panel Decision
Oct 06, 2020

Alonso v. Reed Elsevier, PLC

Plaintiff William Alonso was injured when a display fell on him at a vision trade show while working as a greeter. The display, designed and manufactured by Freeman according to Reed's specifications, fell as Javits Center electricians were mounting a television monitor. The Supreme Court denied Freeman's motion for summary judgment, denied Reed's motion to amend its answer with a Workers' Compensation defense, and granted Reed's motion for contractual indemnification against Freeman. On appeal, the Appellate Division modified the order by granting summary judgment dismissing the complaint against all defendants except Freeman and Reed, citing issues of fact regarding Freeman's design and Reed's control. The court affirmed the denial of Reed's Workers' Compensation defense and the grant of contractual indemnification.

Summary judgmentNegligenceRes ipsa loquiturWorkers' Compensation defenseContractual indemnificationAppellate reviewDisplay fallTrade show injurySpecial employee doctrineMotion to amend answer
References
10
Case No. MISSING
Regular Panel Decision

Lara v. Delta International Machinery Corp.

This memorandum decision addresses a product liability action filed by Alonso and Elizabeth Lara against Delta International Machinery Corp. following Alonso Lara's hand injury from a Delta table saw. The court granted Delta's motion to preclude the Plaintiffs' expert, Stanley H. Fein, finding his design defect opinions unreliable due to a lack of testing and speculative methodology. Consequently, the Plaintiffs' design defect claim was dismissed for lack of admissible expert testimony. However, the court denied summary judgment on the failure-to-warn claim, acknowledging a genuine dispute regarding whether adequate warnings could have been conveyed to Lara by third parties despite his inability to read English. Additionally, claims for breach of express warranty, manufacturing defect, and loss of services were deemed abandoned, and the breach of implied warranty claim was dismissed as time-barred.

Products LiabilityDesign DefectFailure to WarnSummary JudgmentExpert TestimonyDaubert StandardRule 702Table Saw AccidentIndustrial SafetyMechanical Engineering
References
128
Case No. ADJ2906378
Regular
May 24, 2011

NORMA ALONSO vs. PRECISION CAST PARTS CORPORATION AKA AVIBANK MANUFACTURING, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves Norma Alonso's workers' compensation claim against Precision Cast Parts Corporation and Sedgwick Claims Management Services. Alonso filed a Petition for Reconsideration and Removal, seeking to overturn a prior decision. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Ultimately, the Board denied both reconsideration and removal, adopting the reasoning of the administrative law judge's report.

ReconsiderationRemovalPetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeDeniedPrecision Cast Parts CorporationSedgwick Claims Management ServicesADJ2906378LAO 0881297
References
0
Case No. MISSING
Regular Panel Decision
Apr 10, 2002

Hernandez v. 151 Sullivan Tenant Corp.

Plaintiff Alonso Hernandez was severely injured when a hoist, which lacked proper counterweights and securement, collapsed, dragging him from a six-story building. The court affirmed the grant of partial summary judgment to the plaintiff under Labor Law § 240 (1), finding that the hoist was not constructed or operated to provide proper protection. The court rejected the defendant's arguments of recalcitrant worker and sole proximate cause, stating that contributory negligence is not a defense under Labor Law § 240 (1). Additionally, the court affirmed the grant of contractual indemnification to the owner, 151 Sullivan Tenant Corp., against the subcontractor, Jumbo Construction Corp., based on the terms of their agreement, as the owner's liability was purely statutory.

Labor Law § 240(1)Hoist CollapseConstruction AccidentSummary JudgmentContractual IndemnificationRecalcitrant Worker DefenseSole Proximate CauseContributory NegligenceAppellate AffirmationPersonal Injury
References
8
Case No. ADJ2359413 (VNO 0470470)
Regular
Jun 27, 2011

GERARDO RAMIREZ vs. WILLIAM ALONSO, UNINSURED EMPLOYERS FUND

This case concerns a worker injured on the job in 2003. The employer, William Alonso, argued the injured worker was not an employee due to specific Labor Code exclusions related to hours worked for residential projects. The Appeals Board granted reconsideration, finding the initial decision confusingly referenced inapplicable statutes. Ultimately, the Board rescinded the prior award, establishing that the applicant was an employee of Quality Building Services on the date of injury, based on a long-standing working relationship, the employer's control over projects, and business account payments.

Workers' Compensation Appeals BoardGerardo RamirezWilliam AlonsoQuality Building ServicesUninsured Employers FundADJ2359413VNO 0470470ReconsiderationEmployee StatusLabor Code Section 3351(d)
References
1
Case No. MISSING
Regular Panel Decision

Alonso v. UNCLE JACK'S STEAKHOUSE, INC.

Plaintiffs sought conditional certification of a collective action under FLSA § 216(b) against Defendants, owners of Uncle Jack's Steakhouse restaurants, alleging minimum wage, overtime, and tip credit violations, and retaliation. The Court, presided over by District Judge Deborah A. Batts, granted conditional class certification, finding a factual nexus among the claims of the named and potential opt-in plaintiffs. The Court also authorized court-facilitated notice to employees, with the exception of social security numbers, which were denied without prejudice to renewal. The decision emphasizes the minimal burden for plaintiffs at this stage and the remedial purposes of the FLSA. Defendants are ordered to provide employee information within 30 days.

FLSACollective ActionConditional CertificationWage and HourOvertimeMinimum WageTip CreditRetaliationEmployee RightsClass Action
References
14
Case No. GOL 0087934, GOL 0087935, GOL 0087936
Significant
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that an employee's claim of discrimination under Labor Code section 132a, based on an employer's termination of contributions to an ERISA group health plan due to the employee's extended disability leave, is preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptiongroup health benefitsdiscriminationtemporary disabilityworkers' compensationadverse actionemployer policyfederal lawstate law
References
12
Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.

ERISA preemptionLabor Code section 132agroup health benefitsdiscrimination claimadverse actionemployee welfare benefit planworkers' compensationindustrial injuriesemployer contributionstemporary disability
References
39
Case No. GOL 0087934, GOL 0087935, GOL 0087936
Significant
Mar 28, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board dismissed the applicant's petition for reconsideration concerning a Labor Code section 132a discrimination claim. The decision was based on the grounds that it was an impermissible successive petition and that the underlying claim was preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptionsuccessive petitionWorkers' Compensation Appeals Boarden banc decisiongroup health benefitsdiscriminationindustrial injuriestemporarily disabledfederal law
References
29
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