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

Case No. ADJ8581601
Regular
Sep 24, 2014

MARTIN CERECER vs. HUXTABLES KITCHEN, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Huxtables Kitchen, Inc. and Compwest Insurance Company. The WCAB adopted the reasoning of the workers' compensation administrative law judge's (WCJ) report. Additionally, the WCAB noted that the petitioners' representative, the Law Office of Robin Jacobs, had a pattern of failing to appear at lien hearings, which would not be tolerated.

ADJ8581601Petition for ReconsiderationWCJ ReportDenying ReconsiderationLaw Office of Robin JacobsLien HearingsPattern of ConductWorkers' Compensation Appeals BoardHuxtables KitchenCompwest Insurance Company
References
0
Case No. 2019 NY Slip Op 02070 [170 AD3d 967]
Regular Panel Decision
Mar 20, 2019

Gomez v. Kitchen & Bath by Linda Burkhardt, Inc.

The plaintiff, a painter, sustained personal injuries when a defective A-frame ladder, provided by his supervisor, collapsed, causing him to fall. He commenced an action against the general contractor, Kitchen & Bath by Linda Burkhardt, Inc., alleging a violation of Labor Law § 240 (1). The Supreme Court granted the plaintiff's motion for summary judgment on liability, prompting the defendant's appeal. The Appellate Division affirmed the lower court's decision, finding that the plaintiff's deposition testimony established a prima facie case of a Labor Law § 240 (1) violation. Furthermore, the court determined that the hospital records submitted by the defendant to oppose summary judgment were inadmissible hearsay, as they were not attributed to the plaintiff and were not pertinent to his diagnosis or treatment.

Personal InjuryLadder AccidentLabor Law § 240(1)Summary JudgmentGeneral Contractor LiabilityDefective EquipmentHearsay EvidenceBusiness Records ExceptionAppellate ReviewWorker Safety
References
17
Case No. ADJ6733687
Regular
Apr 05, 2013

MIGUEL BAUTISTA vs. HUXTABLES KITCHEN, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior award, and returned the case for further proceedings. The Appeals Board found that the lien claimant failed to meet its burden of proof in demonstrating that the dispensed medications were reasonable and necessary for the applicant's injury. Crucially, the admitted evidence lacked specifics on the medications prescribed, their dosages, and the medical rationale for their use. Therefore, the lien claimant did not establish entitlement to the full amount claimed.

Petition for ReconsiderationFindings of FactAward & OrderLien ClaimantFrontier Medical AssociatesHuxtables KitchenInc.Insurance Company of the WestMiguel BautistaAdministrative Law Judge (WCJ)
References
5
Case No. ADJ6644897
Regular
Jan 10, 2011

DOUGLAS DONIS vs. HUXTABLES KITCHEN, INC., INSURANCE COMPANY OF THE WEST

The Appeals Board granted reconsideration of the dismissal of the applicant's case because the medical provider, Metropolitan Health Medical Group, was deemed an aggrieved party. The Board dismissed the medical provider's initial petition for reconsideration as it was filed against a non-final notice of intent to dismiss. Consequently, the prior order dismissing the applicant's claim was rescinded, and the case was returned to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissal of CaseLabor Code Section 5900Person AggrievedFailure to ProsecuteBoard Rule 10582Interlocutory OrdersFinal OrderSubstantive Right or Liability
References
3
Case No. ADJ6836483
Regular
Nov 16, 2009

ZACHARY STEPHENSON vs. ATHERTON APPLIANCE & KITCHENS, STATE COMPENSATION INSURANCE FUND

The Petition for Reconsideration is denied based on the WCJ's report, which is adopted and incorporated. The WCJ's credibility finding is given significant weight.

Petition for ReconsiderationWorkers' Compensation Appeals BoardInjury AOE-COECredibility of WitnessEmployee Report of InjuryAdmissibility of EvidenceDue ProcessWCJ ReportSubstantial EvidenceMechanism of Injury
References
1
Case No. MISSING
Regular Panel Decision

Valle v. Gordon Chen's Kitchen LLC

The plaintiffs, Alejandro Valle and Edgar Cid, sued Gordon Chen’s Kitchen, LLC, Mac-War Restaurant Corporation, and Allan Wartski for unpaid wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The court found that the defendants failed to properly inform the employees about the tip credit, making them liable for unpaid minimum and overtime wages, and also for "spread of hours" pay under NYLL. While some claims regarding NYLL notices were denied, the court ruled that plaintiffs are entitled to judgment for the FLSA and NYLL violations, including liquidated damages for certain periods. The exact amount of damages is to be calculated by the parties.

Unpaid WagesFair Labor Standards ActNew York Labor LawTip CreditMinimum WageOvertime WagesSpread of Hours PayLabor DisputesWage and HourRestaurant Industry
References
33
Case No. ADJ2886265 (SRO 0100345) ADJ578550 (SRO 0141469)
Regular
Jun 24, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation

This case involves applicant Jose Alberto Martinez's petitions for reconsideration of prior WCAB decisions concerning industrial injuries to his back sustained in 1997 and cumulatively through 2002, against Amy's Kitchen and various insurers. The Appeals Board granted reconsideration to clarify apportionment of permanent disability, finding 56% permanent disability for the 1997 injury attributable to CIGA and 5% for the cumulative trauma injury against Majestic Insurance. The Board also corrected a clerical error regarding the duration of temporary disability indemnity.

CIGAPaula InsuranceIntercareliquidationproduction line workerindustrial injuryback injurynew and further disabilitypermanent disabilityapportionment
References
6
Case No. MISSING
Regular Panel Decision

Jeong Woo Kim v. 511 E. 5th Street, LLC

Plaintiff Jeong Woo Kim, a sous chef at Goat Town, brought a putative collective action seeking unpaid minimum wages and overtime compensation under the FLSA and NYLL against his employer and its managing members. Kim alleged he regularly worked 70 hours per week on a fixed salary without receiving overtime. Defendants contended Kim was an independent contractor or an exempt executive. The court conditionally certified the collective action, but limited it to kitchen staff members, finding Kim made a sufficient factual showing of a common compensation policy that violated the law for this group. The motion was denied for non-kitchen staff due to differing pay structures. The court ordered the defendants to produce contact information for kitchen staff employed on or after November 7, 2009, and approved the posting of notices at the restaurant.

Collective ActionFLSANYLLUnpaid WagesOvertime CompensationMinimum WageSous ChefKitchen StaffConditional CertificationEmployment Law
References
28
Case No. ADJ10884629
Regular
Jan 03, 2020

Glen Dudley vs. State of California, Department of Corrections and Rehabilitation Inmate Claims, State Compensation Insurance Fund

This case concerns applicant Glen Dudley's claim for workers' compensation benefits while incarcerated and performing kitchen duties. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Dudley was an "employee" under Labor Code section 3351(e) during his volunteer work in the prison kitchen. Despite the work being unpaid and applicant initially volunteering, the WCAB found the work met the definition of "assigned work" under former Rule 10021, considering the structured hours and supervised duties. Consequently, the WCAB amended the prior finding to establish Dudley as an employee for the period in question.

Workers' Compensation Appeals BoardGlen DudleyDepartment of Corrections and RehabilitationInmate ClaimsState Compensation Insurance FundLabor Code section 3351(e)incarcerated personsassigned workvolunteer workemployee status
References
2
Case No. MISSING
Regular Panel Decision

People v. Diaz

This opinion addresses whether narcotics found on the outside sill of a broken kitchen window are considered "in open view in a room" under Penal Law § 220.25(2), concerning the room presumption for criminal possession of a controlled substance. During a search warrant execution, police found cocaine on a kitchen table and a plastic bag of cocaine on the outside windowsill. The prosecution sought to include the windowsill narcotics under the "room presumption" to elevate the criminal charge against the defendants. The court strictly construed the phrase "in open view in a room," concluding that an object on an outside windowsill, hidden from ordinary sight and outside the room's normal perimeters, does not meet this definition. The court denied the People's request, distinguishing this interpretation from the more liberal construction of "in close proximity" in the same statute, citing no public policy justification for an expansive reading in this context.

Criminal Possession of Controlled SubstanceRoom PresumptionOpen View DoctrineStatutory InterpretationNarcotics TraffickingDrug ParaphernaliaSearch Warrant ExecutionEvidence AdmissibilityClose ProximityLegislative Intent
References
7
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