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

Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Columbia Broadcasting System, Inc. & Freeman

This case involves Columbia Broadcasting System, Inc. (CBS) seeking to stay arbitration initiated by the International Brotherhood of Electrical Workers and Local 1212 (the Union). The Union cross-moved to compel arbitration concerning video tape recording jurisdiction and alleged violations of their collective bargaining agreement dated May 1, 1958. CBS argued that the Union's demands did not involve specific grievances and were untimely. The court, presided over by William O. Hecht, Jr., J., ruled that the demand for arbitration, including questions of subcontracting within and potentially outside specified territorial limitations and alleged violations of Sections 1.04, 1.05, and 6.01, was arbitrable. The court emphasized the policy of encouraging arbitration and rejected CBS's arguments regarding the specificity of grievances, timeliness, and alleged illegality of certain arbitration items. The motion to stay arbitration was denied, and the cross-motion to compel arbitration was granted for both items.

ArbitrationCollective BargainingLabor LawSubcontractingContract DisputeJurisdictionUnion RightsEmployer ObligationsGrievance ProcedureNational Labor Relations Act
References
3
Case No. MISSING
Regular Panel Decision
Aug 05, 2003

Mazor v. International Business Machines Corp.

The plaintiff, David M. Mazor, appealed from an order of the Supreme Court, Nassau County, which granted summary judgment to defendants A.R. Communication Contractors, Inc., ADCO Electrical Corp., and Daou Systems, Inc., dismissing his personal injury complaint. Mazor alleged injuries from being struck by a ladder dropped by an unidentified worker at Long Island Jewish Hospital in 1999. The appellate court affirmed the order, finding that the subcontractors, A.R. Communication and ADCO, were not in control of the worker or the ladder. Additionally, the general contractor, Daou Systems, Inc., was not liable as it only exercised general supervisory authority and did not direct the subcontractors' work.

Personal InjuryNegligenceSummary JudgmentAppellate ReviewPremises LiabilitySubcontractor LiabilityGeneral Contractor LiabilityWorkplace AccidentLadder FallNew York Law
References
9
Case No. MISSING
Regular Panel Decision

Arteaga v. Bevona

The case involves Armando Arteaga, a porter dismissed by International Service Systems, Inc. (ISS) for alleged wine theft. Arteaga pursued a grievance through his union, Local 32B-32J, Service Employees International Union, leading to arbitration. Initially, Arteaga won a default award, but ISS successfully reopened the case due to an industry-wide strike. A subsequent arbitration, where Arteaga was represented by union counsel Amy Spivak, resulted in the arbitrator crediting ISS's version of events and denying Arteaga's grievance. Arteaga then filed a hybrid § 301/fair representation claim, alleging the Union breached its duty of fair representation and ISS breached the collective bargaining agreement. The court granted summary judgment to the defendants, ruling that Arteaga failed to provide sufficient evidence that the Union's actions, even if tactical errors or negligence, amounted to arbitrary, discriminatory, or bad faith conduct that seriously undermined the arbitral process. Consequently, Arteaga's entire complaint was dismissed.

Wrongful TerminationBreach of Collective Bargaining AgreementDuty of Fair RepresentationLabor Management Relations ActSummary JudgmentArbitration AwardUnion GrievanceEmployee DismissalTactical ErrorsNegligence
References
16
Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
Case No. ADJ1880234 (GOL 0097047)
Regular
Oct 06, 2014

HSING TEREK vs. EMBASSY SUITES/WINDSOR CAPITAL GROUP

In this workers' compensation case, the applicant suffered an admitted industrial injury from a slip and fall as a housekeeper. The defendant sought reconsideration of the findings of total permanent disability and injury to the "psyche, head, internal, and neurological/cognitive impairment." The Appeals Board granted reconsideration to address the ambiguity of the "internal" injury finding, which they found insufficiently specified. While affirming the total permanent disability finding and injury to psyche, head, and neurological/cognitive impairment, the Board rescinded the "internal" injury finding and returned the case for further proceedings to clarify the specific internal systems or conditions injured.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardIndustrial InjuryPsycheNeurological/Cognitive ImpairmentTotal Permanent DisabilityApportionmentHousekeeperSlip and Fall
References
1
Case No. MISSING
Regular Panel Decision

Brown v. New York City Employees' Retirement System

A maintenance employee for the New York City Housing Authority sustained a right knee injury in March 1978 during a mugging and reinjured it in May 1979 while moving a refrigerator. His application for accident disability retirement was denied by the New York City Employees’ Retirement System, whose medical board found no causal relationship between the 1978 incident and the disability, and no accident in 1979. Special Term initially vacated this determination, concluding the 1979 event was an accident. However, the Appellate Division reversed Special Term's judgment, holding that an injury occurring without an unexpected event during ordinary employment duties does not constitute an accidental injury. The court found that the petitioner failed to prove an unexpected event, as his knee merely 'gave way' while moving a refrigerator, and therefore dismissed the petition.

Accident Disability RetirementNew York City Employees’ Retirement SystemKnee InjuryPerformance of DutiesCausal RelationshipMedical Board OpinionCPLR Article 78Appellate ReviewAccidental Injury DefinitionBurden of Proof
References
3
Case No. ADJ528016 (LAO 0797447) ADJ4708211 (LAO 0831457)
Regular
May 04, 2015

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY/CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation, LEGION INSURANCE COMPANY, in liquidation, SEDGWICK CLAIMS M

This case involves a workers' compensation applicant claiming industrial injury to his psyche, lower extremities, internal system, high blood pressure, and diabetes over a cumulative trauma period. The Administrative Law Judge (ALJ) found injury to the psyche and lower extremities, but not the internal system or conditions like high blood pressure and diabetes. The ALJ also found Republic Indemnity solely liable, with a specific date of injury. Both applicant and Republic sought reconsideration. The Appeals Board granted reconsideration, amending the findings to include chronic venous stasis and need for further medical treatment, but deferred key issues like the date of injury, liability, permanent disability, and attorney fees. The case is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and OrderLabor Code Section 5412Date of InjuryCumulative TraumaRepublic Indemnity CompanyCalifornia Insurance Guarantee Association (CIGA)Agreed Medical Examiner (AME)Chronic Venous Stasis
References
2
Case No. ADJ4018708 (SBA 0079160)
Regular
Apr 23, 2010

KATHY KELLERMANN vs. REGENTS OF UCSB, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves Kathy Kellermann's claim for workers' compensation benefits, where the administrative law judge initially found a cumulative trauma injury to her psyche but not to her dental, neurological, or internal systems, awarding 8% permanent disability. Ms. Kellermann sought reconsideration, arguing the judge erred by excluding dental, neurological, and internal injuries, acting in excess of powers regarding an independent medical exam, and improperly relying on certain medical reports for disability assessment. The Appeals Board granted reconsideration to clarify the scope of injury, affirming the finding of psyche injury but not other systems as a compensable consequence. The Board also upheld the 8% permanent disability award, citing precedent allowing reliance on a single physician's relevant and considered opinion even if inconsistent with others.

ADJ4018708SBA 0079160Kathy KellermannRegents of UCSBSedgwick Claims Management ServicesOpinion and Order Granting ReconsiderationDecision After Reconsiderationindustrial cumulative trauma injurypsyche injurydental injury
References
2
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. MISSING
Regular Panel Decision
Feb 18, 1986

Durivage v. Diamond International Corp.

The claimant, employed by Diamond International Corporation, was discharged due to an extremely poor attendance record, despite having sustained two compensable injuries. After her discharge, she filed a grievance, and an arbitrator upheld the employer's decision, finding it justified. Subsequently, the claimant filed a claim alleging that her termination was in retaliation for filing compensation claims. However, the Workers' Compensation Board rejected this claim, a decision which was later affirmed on appeal. The court found substantial evidence supporting the Board's conclusion, noting that most of the claimant's absences were unrelated to her work injuries and that she had received multiple warnings regarding her attendance.

Retaliatory dischargePoor attendanceWorkers' compensation claimEmployer discriminationJustified terminationArbitrator findingAttendance policySubstantial evidenceBoard decisionAppellate review
References
2
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