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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
Dec 27, 2001

MacRo v. Independent Health Ass'n, Inc.

Plaintiffs Cheryl Macro and Kim Zastrow, insured under a group health contract with Independent Health through the Tonawanda City School District, initiated a class action in state court to challenge Independent Health's modification of infertility treatment coverage. Defendant Independent Health removed the case to federal court, asserting ERISA preemption. Plaintiffs moved to remand, arguing that their claims fell under New York Insurance Law, which is exempt from ERISA preemption by the saving clause, and that their health plan qualified as a 'governmental plan' also exempt from ERISA. The District Court granted the plaintiffs' motion, concluding that the claims were indeed saved from ERISA preemption and that the plan was exempt, thus rendering federal subject matter jurisdiction absent. The court accordingly remanded the case back to New York State Supreme Court.

Infertility CoverageHealth Insurance DisputesERISA PreemptionSaving ClauseGovernmental PlansRemoval to Federal CourtSubject Matter JurisdictionNew York Insurance LawClass Action LitigationEmployee Benefits Plan
References
31
Case No. MISSING
Regular Panel Decision

Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Ass'n v. Local Union 38 of the Sheet Metal Workers International Ass'n

The plaintiffs, a coalition of sheet metal contractor associations, filed a lawsuit against Local Union 38 and a related employer association, alleging violations of federal and state antitrust and labor laws. The core of the dispute was a collective bargaining agreement provision mandating that all sheet metal fabrication be performed within Local 38's geographical jurisdiction, which plaintiffs argued constituted an illegal trade barrier. Defendants countered that the provision was a lawful work preservation clause, protected under labor law exemptions. The court ultimately ruled that the challenged clause was neither a valid work preservation measure nor exempt from antitrust scrutiny. Consequently, the court granted the plaintiffs' motion for a declaratory judgment, declaring the provision void and unenforceable due to its violation of both the National Labor Relations Act and the Sherman Antitrust Act.

AntitrustLabor LawCollective Bargaining AgreementWork Preservation ClauseSherman ActNLRADeclaratory JudgmentTrade BarrierGeographic JurisdictionSecondary Boycott
References
31
Case No. MISSING
Regular Panel Decision

Claim of Glaze v. Villa Manufacturing Co.

The court examined whether the decedent was an independent contractor, determining it was a factual question within the Workers' Compensation Board's purview. Evidence supported the independent contractor status, including the appellant’s field supervisor's testimony of no control over the decedent's work or hours, merely checking quality. Further proof included the decedent's bill for work, accepted payment via a non-payroll check without deductions, and the appellant's long-standing business practice of referring kitchen cabinet installations to subcontractors. Despite potential contrary inferences, the board's prerogative to credit its chosen evidence was upheld. Consequently, the decision appealed from and the order of the Appellate Division were reversed, reinstating the Workers' Compensation Board's original decision to disallow the claim.

Independent ContractorWorkers' CompensationQuestion of FactSubstantial EvidenceClaim DisallowanceAppellate ReviewEmployer ControlPayment MethodSubcontractors
References
2
Case No. MISSING
Regular Panel Decision

Patrick Butler General Contractor, Inc. v. Rocco

Patrick Butler General Contractor, Inc. and Patrick Butler appealed an order from the Supreme Court, Queens County, which granted summary judgment dismissing their complaint for breach of contract. The plaintiff, a licensed home improvement contractor, was fired by the defendants during a renovation project in Nassau County. The defendants claimed the plaintiff used unlicensed subcontractors, leading to the dismissal of the complaint. The appellate court dismissed Patrick Butler's appeal but reversed the order for Patrick Butler General Contractor, Inc. It ruled there was a factual dispute regarding whether the workers hired by the plaintiff were independent contractors requiring licenses or employees exempt under Nassau County Administrative Code, thereby reinstating the complaint.

Breach of ContractSummary JudgmentHome Improvement ContractorsUnlicensed SubcontractorsEmployee-Employer RelationshipAppellate ReviewContract DisputeNassau County Administrative CodeCPLRReinstatement of Complaint
References
9
Case No. ADJ8674944
Regular
Sep 28, 2015

CECILIA ROSALES vs. KING TACO RESTAURANT, AMERICAN CASUALTY COMPANY

This case concerns a lien claim by Western Imaging Services (WIS) for photocopying services rendered to applicant's attorney. The original decision disallowed the lien, finding WIS was not an independent contractor exempt from registration and bonding requirements under Business and Professions Code § 22451(b). The Appeals Board granted reconsideration, finding that WIS *was* an independent contractor of the attorney based on submitted evidence and the plain language of the statute. Therefore, WIS is exempt from registration, and its lien is allowed, with penalties deferred.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDecision After ReconsiderationIndependent ContractorBusiness and Professions CodeRegistration RequirementsBonding RequirementState BarProfessional Photocopying
References
4
Case No. ADJ8997883
Regular
Jan 04, 2016

PEDRO ALAVEZ vs. SAK'S TERIYAKI, ZENITH INSURANCE COMPANY

This case involves a lien claim by Western Imaging Services, Inc. (WIS) for copying services provided to applicant's attorney. The WCJ initially disallowed the lien, finding WIS failed to prove it was an independent contractor exempt from Business and Professions Code section 22450. The Appeals Board granted reconsideration, holding that WIS made a prima facie showing of exemption under Business and Professions Code section 22451(b) by acting as an agent or independent contractor for a State Bar member. Consequently, the case is returned to the trial level for a new decision on the lien claim.

Workers' Compensation Appeals BoardWestern Imaging ServicesInc.Business and Professions Code section 22451independent contractoragentState Barlien claimantreconsiderationPrima facie showing
References
1
Case No. MISSING
Regular Panel Decision

McGuiggan v. CPC International, Inc.

Plaintiffs, former distributors for CPC, sued for overtime wages under the Fair Labor Standards Act (FLSA), arguing they were employees, not independent contractors. Defendant CPC moved for summary judgment, citing prior litigation (*Smith v. CPC*) and arguing that plaintiffs were independent contractors or fell under FLSA exemptions. The court denied preclusion arguments from the *Smith* case due to different employee definitions and lack of finality. However, the court granted summary judgment to CPC, finding that even if plaintiffs were employees, CPC was exempt from FLSA overtime provisions under the 'Motor Carrier Act' due to the interstate nature of its business.

FLSAOvertime WagesIndependent ContractorEmployee StatusMotor Carrier ExemptionSummary JudgmentEconomic Reality TestInterstate CommerceRes JudicataCollateral Estoppel
References
29
Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
4
Case No. MISSING
Regular Panel Decision

Theatre Techniques, Inc. v. United Scenic Artists Local 829 of Brotherhood of Painters & Allied Trades

This case addresses an application by the defendants, United Scenic Artists, Local 829, seeking clarification of a prior court order. The defendants requested a finding that the status of their designer members as independent contractors is irrelevant to the ongoing litigation, which involves antitrust claims. The plaintiff alleges that these designer members, who are independent contractors, effectively control the Local and conspired with New York City scenic shops to restrict the scenery construction market, thereby violating the Sherman Act. The court denied the defendants' specific request for clarification, ruling that the status of the designer members is indeed relevant to determining the Local's eligibility for labor exemptions under antitrust laws. This decision emphasizes that a union's antitrust immunity can be jeopardized if it is found to be controlled by independent businessmen pursuing anticompetitive objectives, and the issue of the designers' status is to proceed to trial.

Antitrust LawLabor ExemptionIndependent ContractorsUnion ControlSherman ActCollective BargainingMarket AllocationScenic ArtistsLocal 829Unfair Labor Practices
References
10
Case No. MISSING
Regular Panel Decision

New York Independent Contractors Alliance v. Liu

This case involves two proceedings challenging the prevailing wage schedules set by the Comptroller of the City of New York for roadbuilders and pavers in public works projects during fiscal years 2011 and 2012. The petitioners, Local 175, United Plant and Production Workers (a labor union) and the New York Independent Contractors Alliance (an employer association), argued that the Comptroller's reclassification of trades and subsequent wage determinations caused them tangible injury, leading to a loss of public work opportunities. The respondents, the Comptroller and two other labor unions, moved to dismiss the petitions based on lack of standing and failure to state a claim. The court denied both motions, concluding that the petitioners had established standing and that a decision on the merits of the claims requires the full administrative record from the Comptroller.

Prevailing WageLabor LawPublic Works ProjectsWage SchedulesLabor UnionsEmployer AssociationsStanding (Legal)Judicial ReviewClassification of TradesCollective Bargaining Agreements
References
67
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