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

Case No. 2015 NY Slip Op 06582 [131 AD3d 598]
Regular Panel Decision
Aug 19, 2015

Tully Construction Co. v. Illinois National Insurance

Tully Construction Co., Inc. (Tully) and Zurich American Insurance Company (Zurich) appealed an order and judgment of the Supreme Court, Queens County. The Supreme Court denied their separate motions for summary judgment on the complaint and granted Illinois National Insurance Company's (Illinois) cross-motion for summary judgment. The dispute centered on Illinois's obligation to indemnify Tully under a commercial umbrella liability insurance policy, which was contingent upon the exhaustion of underlying insurance. The Supreme Court found that Zurich's Workers Compensation and Employers Liability policy had an unlimited liability provision. As a result, the excess coverage of Illinois's umbrella policy was never triggered. The Appellate Division affirmed the order and judgment, declaring that Illinois had no obligation to indemnify Tully and that Zurich must reimburse Illinois for $2,500,000.

Insurance coverage disputeUmbrella liability insuranceWorkers' Compensation policyEmployers Liability policySummary judgment motionIndemnification obligationPolicy exhaustionExcess coverage triggerPrimary insurer vs. excess insurerAppellate Division Second Department
References
7
Case No. MISSING
Regular Panel Decision
Jul 17, 1981

Jensen v. Illinois Glove Co.

Plaintiff Daniel Jensen was injured while operating a forklift at work. The Workers' Compensation Board awarded him compensation, listing Illinois Glove Company and Cayadutta Tanning Company, Inc. as employers. Jensen then initiated two actions; Action No. 1 against Illinois Glove and Action No. 2 against Cayadutta, both alleging premises ownership. Illinois Glove appealed the denial of its motion for summary judgment in Action No. 1, arguing that the Workers' Compensation Board's determination of employer status divested the court of jurisdiction. The court disagreed, finding that the Board's listing of both companies as employers was merely a procedural step and not a definitive resolution of the employer-employee status. The court affirmed the denial of summary judgment, concluding that a limited factual issue regarding Daniel Jensen's employment status needed to be resolved by the court.

Workers' Compensation LawEmployer LiabilitySubsidiary CompanySummary Judgment MotionAppellate DivisionJurisdiction DisputeEmployment StatusFactual IssueInsurance CoverageRes Judicata
References
3
Case No. 2017 NY Slip Op 07772 [155 AD3d 431]
Regular Panel Decision
Nov 09, 2017

Illinois National Insurance Co. v. Schumann

The Appellate Division, First Department, affirmed a judgment from the Supreme Court, New York County, which granted summary judgment to Illinois National Insurance Company (plaintiff) for $64,000 against Robert Schumann et al. (defendants). The lower court's decision was based on the defendants' failure to prove an accord and satisfaction regarding a Workers' Compensation Law § 29 lien, as there was no bona fide dispute concerning the amount due. Additionally, the motion court providently exercised its discretion in sanctioning defendants for noncompliance with discovery orders, which made the accord and satisfaction unavailable as an affirmative defense. The judgment was unanimously affirmed.

Workers' Compensation LawLienSummary JudgmentAccord and SatisfactionDiscovery OrdersSanctionsAppellate ReviewCivil ProcedureAffirmative DefenseInsurance Claim
References
2
Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
0
Case No. MISSING
Regular Panel Decision

Erie Painting & Maintenance, Inc. v. Illinois Union Insurance

Erie Painting and Maintenance, Inc. filed a diversity action against its insurer, Illinois Union Insurance Company, seeking a declaration that Illinois Union is obligated to defend and indemnify it in an underlying New York State court action. The dispute centers on the timeliness of notice given by Erie Painting to Illinois Union regarding a September 2008 accident involving an employee, Dimitrios Dovas, and the timeliness of Illinois Union's subsequent disclaimer of coverage. Both parties moved for summary judgment. The court denied both motions, finding genuine issues of material fact regarding whether Colemont acted as an agent for Illinois Union, the reasonableness of Illinois Union's 29-day delay in disclaiming coverage, and Erie Painting's good-faith belief that Dovas would not pursue a lawsuit.

Insurance coverageDuty to defendDuty to indemnifyNotice of claimTimeliness of noticeDisclaimer of coverageAgency relationshipApparent authoritySummary judgmentFederal Rules of Civil Procedure
References
44
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
6
Case No. MISSING
Regular Panel Decision

Gallin v. Owens-Illinois, Inc.

Plaintiff moved to set aside a jury verdict in an asbestos-related wrongful death and product liability case against Owens-Illinois, Inc., the sole remaining defendant after five others had settled. The jury had allocated percentages of liability to Owens-Illinois and the settling co-defendants, Eagle-Picher and Keene Corporation. Plaintiff argued that the jury's allocation of liability to the settling defendants was unwarranted by the evidence. The court, applying a strict standard for overturning jury verdicts, reviewed the trial record and found sufficient evidence to support the jury's findings regarding exposure to the settling co-defendants' asbestos products. Consequently, the court denied the plaintiff's motion to set aside the verdict.

Asbestos ExposureWrongful Death ClaimProduct LiabilityJury Verdict ChallengePost-Trial MotionsNew York General Obligations LawComparative FaultRule 50(b)Settling DefendantsApportionment of Liability
References
10
Case No. ADJ7986894
Regular
Oct 03, 2016

Nicolas Gomez vs. Wedemeyer Bakery, Illinois Midwest Springfield

Applicant Nicolas Gomez petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition because they need more time to thoroughly review the factual and legal issues. This allows for a more complete understanding of the record and ensures a just decision. All future filings related to this reconsideration petition must be submitted directly to the Appeals Board Commissioners in San Francisco, not district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJTrial Level Documents
References
0
Case No. ADJ8610515
Regular
Jun 07, 2016

PEDRO GONZALEZ vs. OLYMPIC HOTEL, ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board is dismissing a Petition for Removal filed by lien claimants PharmaFinance, LLC, and Healthcare Finance Management, LLC. The lien claimants sought removal in response to an administrative law judge's Orders Rescinding. However, they voluntarily withdrew their petition for removal on April 27, 2016. Therefore, the Board is formally dismissing their petition.

Petition for RemovalOrders RescindingLien claimantsWCJWorkers' Compensation Appeals BoardOlympic HotelIllinois Midwest Insurance CompanyPharmaFinanceHealthcare Finance ManagementAdministrative Law Judge
References
0
Case No. ADJ6683258
Regular
Jun 08, 2010

HILLMAN BARRERA vs. JAMM INDUSTRIESI CORPORATION, ILLINOIS MIDWEST SPRINGFIELD

The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by the applicant. The WCAB reviewed the petition and the report of the administrative law judge. Based on their review, the WCAB adopted the judge's report and denied the Petition for Removal. The order officially denies the applicant's request for removal, affirming the administrative law judge's decision.

Petition for RemovalWorkers' Compensation Appeals BoardJAMM INDUSTRIESI CORPORATIONILLINOIS MIDWEST SPRINGFIELDADJ6683258Administrative Law Judgedeny removalDeidra E. LoweFrank M. BrassJames C. Cuneo
References
0
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