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

Case No. ADJ10589934
Regular
Jun 15, 2018

JOSE MARTINEZ vs. TFR MANAGEMENT GROUP, INC.

This case involves a worker's compensation claim where the applicant, Jose Martinez, alleged an industrial injury. The defendant, TFR Management Group, Inc., sought reconsideration of a finding that Martinez was an employee, not an independent contractor, and that the defendant was uninsured. The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that the defendant failed to meet its burden of proving Martinez was an independent contractor, citing the lack of an independently established business, Martinez's hourly pay, and the defendant's control over the work details.

WCABPetition for Reconsiderationpresumption of employmentuninsuredindependent contractorBorelloS. G. Borello & SonsInc.Labor Code Section 5705(a)ABC test
References
3
Case No. ADJ17834281
Regular
Nov 10, 2025

JOSE MARTINEZ vs. CUSTOM PIPE COUPLING, FEDERAL INSURANCE CO.

Applicant Jose Martinez sought reconsideration of a finding that his injury did not arise out of and occur in the course of employment, as it fell under the "going and coming" rule. The WCJ's initial finding was based on a May 26, 2023 motor vehicle accident occurring while Martinez was driving a company truck home for personal use, specifically to transport scrap metal given to him by his employer. The Appeals Board, adopting the WCJ's report, denied reconsideration, concluding that none of the exceptions to the "going and coming" rule applied, as there was no benefit to the employer for Martinez to take the company truck home once the delivery task was removed.

Workers Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemGoing and Coming RuleSpecial Mission ExceptionSpecial Errand ExceptionAOE/COEMotor Vehicle AccidentCompany Vehicle
References
10
Case No. 2021 NY Slip Op 03412 [195 AD3d 419]
Regular Panel Decision
Jun 01, 2021

Martinez v. 214 W. 39th St. LLC

The Appellate Division, First Department, affirmed the Supreme Court's order granting summary judgment to 214 West 39th Street LLC, dismissing Luis Martinez's complaint. The court found that Martinez was a 'special employee' of the defendant. Undisputed evidence, including Martinez's own testimony, demonstrated that the defendant's superintendent supervised and directed Martinez's work, thereby establishing the defendant's exclusive control over the plaintiff's work. Consequently, the plaintiff's complaint against the defendant is precluded by Workers' Compensation Law §§ 11 and 29 (6).

Special EmployeeSummary JudgmentWorkers' Compensation LawAppellate DivisionLabor LawEmployer ControlPersonal InjuryBronx CountyPlaintiff's TestimonyExclusive Remedy
References
2
Case No. ADJ2886265 (SRO 0100345) ADJ578550 (SRO 0141469)
Regular
Jun 24, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation

This case involves applicant Jose Alberto Martinez's petitions for reconsideration of prior WCAB decisions concerning industrial injuries to his back sustained in 1997 and cumulatively through 2002, against Amy's Kitchen and various insurers. The Appeals Board granted reconsideration to clarify apportionment of permanent disability, finding 56% permanent disability for the 1997 injury attributable to CIGA and 5% for the cumulative trauma injury against Majestic Insurance. The Board also corrected a clerical error regarding the duration of temporary disability indemnity.

CIGAPaula InsuranceIntercareliquidationproduction line workerindustrial injuryback injurynew and further disabilitypermanent disabilityapportionment
References
6
Case No. ADJ9539099, ADJ9471386
Regular
Jun 13, 2018

JOSE MARTINEZ vs. TAYLOR GUITARS aka TAYLOR LUSTIG, INC., ZENITH INSURANCE, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Martinez's Petition for Reconsideration because it was filed untimely. California law allows 25 days from service of a decision to file, with an extension if the deadline falls on a weekend or holiday, but this time limit is jurisdictional. The petition was filed on May 2, 2018, which was more than 25 days after the WCJ's March 26, 2018 decision. As the petition was not filed within the statutory period, the WCAB lacked authority to consider its merits.

Petition for ReconsiderationUntimely FilingWCAB RulesLabor CodeJurisdictional LimitDismissalService by MailProof of FilingAdministrative Law JudgeWorkers' Compensation Appeals Board
References
4
Case No. MISSING
Regular Panel Decision

Martinez v. Davis Polk & Wardwell LLP

Eunice Martinez sued her former employer, Davis Polk & Wardwell LLP, alleging discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. Martinez claimed she was denied promotions/upgrades, received discriminatory annual raises, and experienced retaliation for filing a charge with the EEOC. The court applied the McDonnell Douglas burden-shifting analysis to her claims. It found Martinez failed to establish a prima facie case for failure to promote/upgrade due to insufficient evidence regarding comparable qualifications and job duties. Her claim of raise discrimination was also denied because her comparators held managerial positions, unlike her. Finally, the retaliation claim was dismissed as adverse job actions predated her protected activity. Consequently, Davis Polk's motion for summary judgment was granted.

DiscriminationRetaliationTitle VIISection 1981Summary JudgmentFailure to PromoteUnequal PayEEOC ComplaintMcDonnell Douglas TestEmployment Law
References
20
Case No. CV-23-1320
Regular Panel Decision
Jan 09, 2025

In the Matter of the Claim of Victor Martinez

Claimant Victor Martinez, a pan boiler operator, tested positive for COVID-19 in December 2020 after interacting with a co-worker and filed a workers' compensation claim. The employer and carrier controverted the claim, arguing it did not arise from employment. The Workers' Compensation Board established the claim, finding Martinez contracted COVID-19 through specific workplace exposure, a decision later affirmed. The Appellate Division upheld the Board's determination, citing substantial evidence, including the claimant's direct contact with an infected co-worker (R.H.) and limited outside exposure. The court emphasized that a compensable accident occurs when COVID-19 is contracted as an unusual hazard in the workplace, and the Board's crediting of claimant's testimony was within its prerogative.

Workers' CompensationCOVID-19 ExposureAccidental InjuryCourse of EmploymentSubstantial EvidenceAppellate ReviewWorkplace HazardCausal ConnectionSpecific ExposureBoard Determination
References
10
Case No. 2020 NY Slip Op 00066 [179 AD3d 427]
Regular Panel Decision
Jan 07, 2020

Matter of Katherine U. (Jose U.)

The Appellate Division, First Department, affirmed a Family Court order finding Jose U. sexually abused his child, Katherine U., and dismissed the appeal from the fact-finding order. The court upheld the use of closed-circuit television for the child's testimony, balancing the father's due process rights with the child's emotional well-being, as contemporaneous cross-examination by counsel was permitted. An affidavit from the child's social worker sufficiently established that in-court testimony would cause emotional harm. Furthermore, Jose U.'s prior criminal convictions for predatory sexual assault, rape, incest, and sexual abuse, involving the child, collaterally estopped him from contesting the abuse allegations in the family court petition.

Child abuseSexual abuseFamily LawAppellate ProcedureDue ProcessChild TestimonyClosed-circuit televisionCollateral EstoppelCriminal ConvictionEvidence Admissibility
References
3
Case No. 2025 NY Slip Op 00129 [234 AD3d 1069]
Regular Panel Decision
Jan 09, 2025

Matter of Martinez v. Domino Foods, Inc.

Claimant Victor Martinez, a pan boiler operator, tested positive for COVID-19 on December 23, 2020, after alleged exposure from a coworker at his sugar factory workplace. He subsequently filed a workers' compensation claim. The employer and its carrier controverted the claim, arguing he did not sustain a compensable accident. Following hearings, a Workers' Compensation Law Judge established the claim, which was affirmed by the Workers' Compensation Board. The Appellate Division affirmed, finding substantial evidence that Martinez contracted COVID-19 due to a specific workplace exposure, supported by his limited outside contact and the timing of a coworker's positive test.

Workers' CompensationCOVID-19Workplace ExposureAccidental InjuryCausal ConnectionSubstantial EvidenceAppellate ReviewControverted ClaimEmployer LiabilityThird Department
References
7
Case No. 2020 NY Slip Op 02519 [182 AD3d 966]
Regular Panel Decision
Apr 30, 2020

Matter of Martinez v. New York Produce

Claimant Carlos Martinez, a delivery person, filed for workers' compensation benefits in April 2017 due to work-related head injuries. A Workers' Compensation Law Judge (WCLJ) established the claim for a traumatic brain injury but later denied an amendment to include bilateral knee injuries. Martinez, represented by counsel, sought Board review of the WCLJ's August 2018 decision. The Workers' Compensation Board denied this application, citing non-compliance with 12 NYCRR 300.13 (b) as it failed to specify when an objection was interposed. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in deeming the application incomplete.

Workers' CompensationAppellate ReviewAdministrative LawProcedural ComplianceBoard RegulationsApplication for ReviewForm RB-89Objection TimingWCLJ DecisionTraumatic Brain Injury
References
6
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