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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

People v. Karmye

The defendant, indicted for criminal sale of a controlled substance, moved to dismiss the indictment, arguing a lack of meaningful opportunity to testify before the Grand Jury. The defendant claimed the prosecutor interrupted his testimony and improperly questioned his attorney about taking an oath of secrecy. The court denied the motion, finding that the prosecutor's interruptions were justified by the defendant's evasiveness and did not violate his rights. Furthermore, the court concluded that the brief exchange regarding defense counsel's oath, while not best practice, did not impair the integrity of the Grand Jury.

Criminal Procedure LawGrand Jury ProceedingsMotion to DismissIndictmentControlled Substance OffenseProsecutorial MisconductDefense Counsel RightsOath of SecrecyWitness TestimonyIntegrity of Grand Jury
References
1
Case No. MISSING
Regular Panel Decision

Claim of Harford v. Widensky's, Inc.

Patricia Harford, a sales clerk, died in an automobile accident in front of her employer's store. The central issue was whether her death occurred during the course of employment, specifically if her lunch break, during which she was allegedly on a coffee errand for her employer, constituted an interruption of employment. The Workers' Compensation Board found the accident compensable, reasoning that the errand and the employer-convenient lunch break maintained her within the scope of employment. The appellate court affirmed, upholding the Board's reliance on a vice-president's statement despite formal evidence rules and finding substantial evidence for the Board's determination that the lunch arrangement did not interrupt employment.

Workers' CompensationScope of EmploymentLunch BreakSpecial ErrandCredibility DeterminationSubstantial EvidenceAdministrative LawCompensabilityAppellate ReviewNew York Law
References
6
Case No. MISSING
Regular Panel Decision
Jan 29, 2007

Claim of Kontogiannis v. Nationwide PC

Claimant, while on an authorized break from her Manhattan workplace, fell on a public sidewalk near her building, injuring her shoulder and knee. A Workers' Compensation Law Judge initially established her claim for benefits. However, the Workers' Compensation Board reversed this, ruling that leaving the office for a walk constituted a significant interruption of her work activities, thus denying her claim. The appellate court reversed the Board's decision, citing precedents that short breaks do not interrupt employment and that the employer retains constructive control. The court found that the claimant's brief departure for a walk was not a purely personal mission negating the employer's control, and therefore the Board's determination was not supported by substantial evidence. The matter was remitted for further proceedings.

Authorized BreakSlip and FallCausally Related InjuryCourse of EmploymentConstructive ControlPersonal MissionAppellate ReviewBoard Decision ReversedSidewalk Injury
References
4
Case No. MISSING
Regular Panel Decision

American Zurich Insurance Company as Subrogee of the Varsity Golf Club, LTD D/B/A the University of Texas Golf Club v. Barker Roofing, L.P.

American Zurich Insurance Company (AZIC), as subrogee of The University of Texas Golf Club (UT), filed a lawsuit against Barker Roofing, L.P. (Barker) seeking damages for a fire allegedly caused by Barker's negligence during clubhouse construction. The trial court granted summary judgment for Barker, upholding its affirmative defense of waiver of subrogation, which was stipulated in the general contract between UT and the prime contractor, Harvey-Cleary Builders, and extended to subcontractors. AZIC appealed, contending the waiver did not cover business interruption losses or uninsured losses, and that indemnification clauses in Barker's subcontract should negate the waiver. The appellate court affirmed the trial court's decision, concluding that Barker was a third-party beneficiary of the waiver, which applied to fire damages covered by UT's property insurance, including business interruption. The court also found the indemnification clauses did not override the specific waiver of subrogation, and AZIC could not pursue claims for uninsured losses as UT was not a party.

SubrogationWaiver of SubrogationConstruction LawContract InterpretationProperty InsuranceBusiness Interruption LossesFire DamageAppellate ProcedureSummary JudgmentThird-Party Beneficiary
References
40
Case No. 07-11-0038-CV
Regular Panel Decision
Oct 23, 2012

Westminster Falcon/Trinity L.L.P. v. Chong Shin

This case involves an appeal from an order granting summary judgment in a subrogation lawsuit. American Zurich Insurance Company (AZIC), as subrogee of The University of Texas Golf Club (UT), sued Barker Roofing, L.P. (Barker) for damages caused by a fire allegedly due to Barker's negligence during the construction of a clubhouse. Barker asserted the affirmative defense of waiver of subrogation, based on a clause in the original construction contract between UT and the prime contractor, Harvey-Cleary Builders (HCB). AZIC argued that two clauses in the subcontract modified the waiver, that the waiver did not apply to business interruption losses, and that the trial court erred by denying AZIC’s motion for partial summary judgment and granting summary judgment for Barker. The appellate court affirmed the summary judgment, concluding that the contractual waiver of subrogation applied to subcontractors like Barker and encompassed UT's business interruption losses, as AZIC's policy covered fire damages to the clubhouse. The court held that AZIC's subrogation claim was barred as a matter of law.

Subrogation WaiverConstruction ContractBusiness InterruptionSummary JudgmentInsurance CoverageAppellate ReviewContract InterpretationFire DamageNegligence ClaimThird-Party Beneficiary
References
36
Case No. AHM 0077308 AHM 0075910
Regular
Jul 30, 2007

CLIFFORD GAMBLE vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, ET AL.

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition for reconsideration as untimely filed. United Airlines sought to clarify VRMA liability, arguing it shouldn't extend to periods the applicant interrupted rehabilitation services. The WCAB found no bad faith or frivolousness, noting the petition was a reasonable attempt to clarify a potential ambiguity in the original decision.

Workers' Compensation Appeals BoardUnited AirlinesGallagher Bassett ServicesClifford GamblePetition for ReconsiderationDecision After RemittiturVocational Rehabilitation Maintenance AllowanceVRMAQualified Injured WorkerTimely Filing
References
1
Case No. VNO 0496552
Regular
Aug 11, 2008

ROSA PEREZ vs. MARY O'CONNELL, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration due to a discrepancy in the applicant's temporary total disability (TTD) period. The Board rescinded the prior award finding an unbroken period of TTD, noting that paid indemnity payments suggest interruptions. The case is returned to the trial level for further proceedings and a new decision by the WCJ to address the TTD duration accurately.

Workers' Compensation Appeals BoardRosa PerezMary O'ConnellAmerican Manufacturers Mutual Insurance CompanyBroadspirehousekeeperindustrial injuryleft upper extremityleft ankleleft foot
References
0
Case No. ADJ3111070
Regular
Feb 10, 2009

EVANGELINE RODRIGUEZ, EVANGELINE RODRIGUEZ-DUARTE vs. SAN JOSE MEDICAL GROUP, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the appeals board granted reconsideration of an administrative law judge's award. While affirming the finding of industrial injury and permanent disability, the Board amended the award to grant the defendant credit for overpaid temporary disability indemnity. The defendant's arguments regarding the vocational expert's testimony and apportionment were otherwise rejected. The award of attorney's fees was also modified to allow for commutation to avoid interrupting benefits.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityVocational ExpertDiscovery Cut-offMedical OpinionApportionmentTemporary Disability IndemnityOverpaymentCredit
References
0
Case No. ADJ2976308 (AHM 0075910) ADJ1926826 (AHM 0077308)
Regular
Jan 10, 2011

CLIFFORD GAMBLE vs. UNITED AIRLINES

This case concerns an applicant's claim for vocational rehabilitation benefits from United Airlines. The applicant interrupted services and did not seek reinstatement until over five years after the date of injury, which is beyond the statute of limitations. The Board denied reconsideration, finding that the applicant's vested right to benefits did not overcome the expired statute of limitations due to the delay. Applicant's arguments regarding improper notice, equitable tolling, and prior litigation were also rejected.

Vocational rehabilitationReconsiderationSubject matter jurisdictionVested rightSunset dateInterruptionStatute of limitationsReopenEquitable tollingLaches
References
7
Case No. ADJ8558683
Regular
Jun 28, 2013

DARRYL FREITAS vs. HANSEL PRESTIGE, TOWER SELECT INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed from a non-final order, specifically a Notice of Hearing, not a final determination of substantive rights or liabilities. The Board also denied the defendant's request for removal, finding no evidence of substantial prejudice or irreparable harm. The Board admonished the defendant's attorney for filing what bordered on a frivolous petition, which improperly interrupted the proceedings. Consequently, the matter proceeded as if no reconsideration or removal had been sought.

Petition for ReconsiderationFinal OrderInterlocutory DecisionSubstantive RightRemovalWCJ ReportSubstantial PrejudiceIrreparable HarmSanctionsNotice of Hearing
References
10
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