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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

Integrated Construction Services, Inc. v. Scottsdale Insurance

Integrated Construction Services, Inc. (Integrated) purchased a commercial general liability policy from Scottsdale Insurance Company (Scottsdale). Integrated received delayed and initially incorrect notifications about a worker's injury. After clarifying details, Integrated notified Scottsdale, which denied coverage citing late notice. Integrated then filed a declaratory judgment action to compel Scottsdale to defend and indemnify it. Scottsdale's motion to dismiss the complaint was denied by the Supreme Court. On appeal, the order denying dismissal was affirmed, as Integrated adequately pleaded reasonable delay and Scottsdale's documentary evidence was insufficient to refute the claim.

Commercial General LiabilityInsurance PolicyDuty to DefendDuty to IndemnifyLate NoticeDeclaratory JudgmentMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary Evidence
References
10
Case No. ADJ3370297 (SFO 0446248)
Regular
Aug 29, 2014

SHANNON MURPHY vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED

This case involves a Petition for Reconsideration filed by applicant Shannon Murphy against Oakland Unified School District and JT2 Integrated. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the original Award issued on September 23, 2005. This delay exceeds the statutory 20-day period for filing reconsideration, plus the additional 5 days for mailing. Therefore, the Board found the petition procedurally barred and dismissed it.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardDismissal OrderAward DateAdministrative Law Judge ReportApplicantDefendant Employer
References
0
Case No. ADJ1730584 (OAK 0230681)
Regular
Jun 11, 2013

ELDORA ROBINSON vs. OAKLAND UNIFIED SCHOOL DISTSRICT, JT2 INTEGRATED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Eldora Robinson's claim against Oakland Unified School District and JT2 Integrated Services. The WCAB rescinded the judge's decision, finding it was not a final resolution on the merits. The case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. Parties retain the right to seek reconsideration of the subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeWCJReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelFinal DecisionMerits
References
0
Case No. MISSING
Regular Panel Decision

Chassman v. People Resources

The plaintiff sought the return of $1,850 paid to People Resources, a self-described 'organization for singles,' alleging the contract was void under General Business Law § 394-c, procured by fraud, and for lack of services. Defendant argued the law was inapplicable and that arbitration was mandated by the contract. The court determined that People Resources operates as a 'social referral service' under the broad interpretation of General Business Law § 394-c, despite its claim of merely providing a 'forum.' The contract was found to violate several statutory provisions, including charging excessive fees and lacking mandatory cancellation options, rendering it void and unenforceable due to its public policy implications. Consequently, the arbitration clause within the void contract was also deemed unenforceable, leading the court to grant the plaintiff's motion for summary judgment and deny the defendant's.

Social Referral ServiceContract VoidabilitySummary JudgmentArbitration ClauseConsumer Protection LawGeneral Business LawUnenforceable ContractFraudulent MisrepresentationDating ServicesLegislative Intent
References
11
Case No. 2020 NY Slip Op 05472 [187 AD3d 452]
Regular Panel Decision
Oct 06, 2020

Richards v. Security Resources

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted defendant Security Resources' motion to dismiss the complaint and denied plaintiff Alroy Richards' cross-motions. The court found that Security Resources timely moved to dismiss and that the plaintiff's denial of service was insufficient to rebut the presumption of proper service. Furthermore, the plaintiff's claims for wrongful discharge, intentional infliction of emotional distress, and defamation were dismissed for failing to state a cause of action. Negligence claims were barred by the Workers' Compensation Law, and the individual defendant, Joseph Katanga, was found not to have been properly served, rendering discovery motions moot.

Dismissal of complaintMotion to dismissService of processAffidavit of serviceWrongful dischargeAt-will employmentIntentional infliction of emotional distressDefamationQualified privilegeNegligence claims
References
13
Case No. MISSING
Regular Panel Decision

Pennsylvania Engineering Corp. v. Islip Resource Recovery Agency

This action stems from a contractual dispute regarding the construction of a waste disposal plant between Pennsylvania Energy Resources Company (PERC), Pennsylvania Engineering Corporation (PEC), and the Islip Resource Recovery Agency. Following an arbitrator's decision finding PERC in default, which was confirmed by the court on April 12, 1989, dismissing plaintiffs' case, PERC and PEC moved to reargue and amend their complaint. They sought to vacate the arbitration award based on alleged arbitrator bias, attempting to relate back the amended complaint. The Court denied these motions, emphasizing that the Federal Arbitration Act's three-month statute of limitations for vacating an award has no common law or Rule 15(c) exceptions under these circumstances. The court further found that the plaintiffs were aware of potential bias at the time of selecting the arbitrator, thus precluding equitable tolling.

ArbitrationContractual DisputeSummary JudgmentFederal Arbitration ActRule 15cRelation Back DoctrineEquitable TollingArbitrator BiasStatute of LimitationsMotion to Amend
References
6
Case No. ADJ7957871 ADJ7957891
Regular
Feb 11, 2019

GEORGE BRIGGS vs. CITY OF OAKLAND, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's first petition for reconsideration, finding that he failed to prove an industrial injury by a preponderance of the evidence. The WCAB adopted the WCJ's report, which properly relied on the agreed medical evaluator's opinion. The second petition for reconsideration was dismissed as untimely or as a supplemental pleading. Because an industrial injury is a prerequisite for penalties under Labor Code sections 132a and 4553, the applicant's claims were also defeated.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedDismissedUntimelySupplemental PleadingBurden of ProofIndustrial InjuryPreponderance of EvidenceAgreed Medical Evaluator
References
1
Case No. ADJ9605270
Regular
May 22, 2015

MISTY SOLBERG vs. CITY OF FONTANA, JT2 Integrated Resources

In this Workers' Compensation Appeals Board case, attorney Sherlin petitioned to disqualify Administrative Law Judge (WCJ) Tracy L. Hughes, alleging bias and an unqualified opinion on the merits. The Board denied the petition, finding no evidence of bias or prejudgment by the WCJ. The WCJ's actions, including suspending a stipulation for adequacy and ordering further medical documentation, were deemed appropriate given the case's procedural stage. The Board also noted that prior matters involving similar allegations were not before them.

Workers' Compensation Appeals BoardPetition for DisqualificationWorkers' Compensation Administrative Law Judgeunqualified opinionmerits of the caseenmitybiasStipulations with Request for AwardOrder Suspending Actionmandatory settlement conference
References
2
Case No. ADJ1961643
Regular
Sep 22, 2009

STEPHEN PERRYMAN vs. CITY OF SALINAS, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCity of SalinasJT2 Integrated ResourcesADJ1961643SAL 0116326Untimely FilingAward ServiceCardiac Disability
References
6
Case No. ADJ3042475 (SAL 0116557)
Regular
Apr 19, 2010

JEFFREY SIBAYAN vs. CITY OF GONZALES, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding the medical record regarding the applicant's heart condition and hypertension inadequate. While the statutory presumption of industrial heart trouble for police officers was applicable, the Board found conflicting medical opinions and insufficient evidence to determine if a compensable injury had occurred. The case is returned to the trial level for further medical development and a new decision by the WCJ.

Labor Code section 3212.5heart trouble presumptionpolice officerindustrial injurycardiovascular systemhigh blood pressureventricular hypertrophypresumption rebuttalmedical record inadequacysecond opinion
References
5
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