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

Case No. ADJ1182220 (WCK 0044768) ADJ144318 (WCK 0044769)
Regular
Feb 27, 2009

RICHARD CRUZ vs. AMERICAN PROTECTIVE SERVICES INC., CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an award to Richard Cruz. The Board adopted the findings of the Administrative Law Judge (WCJ) who found that the applicant sustained a specific industrial spinal injury on December 16, 1997, and a cumulative trauma spinal injury through January 28, 1998, while employed by American Protective Services. The WCJ found the applicant credible and relied on the opinions of two medical evaluators, Dr. Brose and Dr. Lavorgna, who ultimately supported the finding of industrial injuries. The Board gave great weight to the WCJ's credibility determination and incorporated the WCJ's report, denying the defendant's petition.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingIndustrial InjurySpecific InjuryCumulative TraumaSpine InjurySecurity GuardAgreed Medical Evaluator
References
1
Case No. MISSING
Regular Panel Decision

Harris v. American Protective Services of New York, Inc.

Raleigh L. Hams sued American Protective Services of New York, Inc. alleging race, sex, and disability discrimination, retaliation, sexual harassment, and defamation under Title VII and the ADA. The court, presided over by Chief Judge Larimer, granted in part and denied in part APS's motion to dismiss. Harris's claims for race, disability, and sexual harassment were dismissed with prejudice due to failure to exhaust administrative remedies or state a claim. His retaliation and defamation claims were dismissed with leave to replead. APS's motion to dismiss the disparate treatment sex discrimination claim was denied. All of Harris's motions to amend, vacate an arbitrator's decision, and for a preliminary injunction were denied.

Employment DiscriminationTitle VIIADARace DiscriminationSex DiscriminationDisability DiscriminationRetaliationSexual HarassmentDefamationMotion to Dismiss
References
28
Case No. MISSING
Regular Panel Decision
May 18, 2017

TransAtlantic Lines LLC v. American Steamship Owners Mutual Protection & Indemnity Ass'n

TransAtlantic Lines LLC sought to overturn an adverse insurance coverage decision by the Board of Directors of American Steamship Owners Mutual Protection and Indemnity Association, following a shipping accident. TransAtlantic argued for a de novo review, asserting the alternative dispute resolution (ADR) process was fundamentally unfair due to the Board's inherent financial bias and violated public policy. The district court, however, applied the contractually agreed-upon "arbitrary and capricious" standard of review. The court rejected TransAtlantic's claims of bias and public policy violations, finding that TransAtlantic had voluntarily consented to the ADR framework. Consequently, the court upheld the Board's decision to deny coverage for attorney's fees, U.S. Government cargo losses, and perishable cargo expenses, concluding that these denials were not arbitrary or capricious.

Alternative Dispute Resolution (ADR)Insurance Coverage DisputeSummary JudgmentArbitrary and Capricious StandardContract LawMarine InsuranceJudicial Review of ArbitrationWaiver of RightsPublic Policy ExceptionAttorney Ethics
References
24
Case No. ADJ4599426 (STK 0172874) ADJ1616335 (STK 0186679)
Regular
Dec 16, 2010

JASON HONOR vs. DOT FOODS, AMERICAN PROTECTION INSURANCE COMPANY, BROADSPIRE, SENTRY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied American Protection's petition for reconsideration regarding applicant Jason Honor's claims. The Board granted the applicant's petition for reconsideration, amending the initial findings to correct a clerical error in the date of injury for the cumulative trauma claim and to include a finding of psyche injury. However, the Board affirmed the initial decision that the applicant did not sustain injury to his hips or bilateral lower extremities in the June 4, 2000, injury. Further development of the record is required regarding temporary disability, permanent disability, and apportionment for the June 4, 2000 injury.

WCABPetition for ReconsiderationFindings and OrdersNew and Further DisabilityCumulative TraumaStipulated AwardClerical ErrorApplicant's PetitionAmerican Protection InsuranceSentry Insurance
References
1
Case No. ADJ 4359672 (VNO 0478019)
Regular
Apr 08, 2016

JORGE OROZCO vs. MARRIOTT DOWNTOWN LOS ANGELES/INTERSTATE HOTELS AND RESORTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN PROTECTION INSURANCE COMPANY, ZURICH NORTH AMERICA, CENTURY PLAZA HOTEL

This case concerns the California Insurance Guarantee Association's (CIGA) liability for an insolvent insurer's obligations under a workers' compensation settlement. The applicant settled a cumulative trauma injury claim, and the settlement agreement apportioned liability for remaining lien claims among insurers, including American Protection Company. After American Protection Company became insolvent, CIGA stepped in, but sought dismissal, arguing its liability was not joint and several and no "other insurance" existed. The Board affirmed the dismissal of CIGA, holding that the original joint and several nature of the insurers' liability, as established by case law and the settlement, means Zurich North America's remaining liability constitutes "other insurance" relieving CIGA.

CIGAAmerican Protection Insurance CompanyMarriott Downtown Los AngelesInterstate Hotels and ResortsZurich North AmericaCentury Plaza HotelBroadspireSedgwick Claims Management ServicesCompromise and Release Agreementcumulative trauma
References
4
Case No. MISSING
Regular Panel Decision
Feb 22, 1990

UBAF Arab American Bank v. Sanchez

Plaintiff UBAF Arab American Bank sued its former vice-president, Sanchez, for $11.5 million due to unauthorized foreign exchange transactions and falsified bank records. Plaintiff sought discovery of Sanchez's credit card and bank records, which was initially denied by protective orders citing privacy. After obtaining some Citibank records, plaintiff moved to reargue and renew these orders. The Supreme Court modified the previous orders, granting plaintiff's motion to reargue and renew. Consequently, protective orders were vacated regarding Sanchez's credit card records and a Citibank deposition, allowing further discovery, but affirmed the protective order concerning the Royce Hotel records. The court emphasized that discovery should facilitate proving a case and is not contingent on prior proof of financial benefit.

DiscoveryProtective OrderForeign ExchangeFalsifying RecordsBreach of Fiduciary DutyUnjust EnrichmentFraudBank RecordsCredit Card RecordsNon-party Deposition
References
4
Case No. MISSING
Regular Panel Decision

American International Telephone, Inc. v. Mony Travel Services, Inc.

Plaintiff American International Telephone, Inc. (AIT) sought an extension of time to serve defendant Carlos Duran, president of Mony Travel Services of Florida, Inc., after initial attempts at service were unsuccessful and Duran claimed to have moved. The court found AIT exercised reasonably diligent efforts and that extending the deadline would not prejudice Duran, who was aware of the action. Concurrently, Mony Travel Services of Florida moved for a protective order against depositions of Duran and its counsel, Francis Markey. The court denied the protective order for Duran's deposition, allowing inquiry into service of process issues. However, the protective order for Markey was granted, as mailing a copy of the complaint to an attorney is not a valid method of service under Florida law. The court granted AIT an extension to serve Duran until October 26, 2001, with conditions regarding deposition timing.

Service of ProcessExtension of TimeProtective OrderDepositionFederal Rules of Civil ProcedureJurisdictionGood CausePrejudiceFlorida LawCivil Procedure
References
8
Case No. MISSING
Regular Panel Decision

American Atheists, Inc. v. Port Authority

Plaintiffs (American Atheists, Dennis Horvitz, Kenneth Bronstein, and Jane Everhart) sued the Port Authority of New York and New Jersey and the National September 11 Memorial and Museum at the World Trade Center Memorial Foundation, Inc. The Plaintiffs alleged violations of the Establishment Clause, Equal Protection Clause, and state constitutions, challenging the display of a steel cross artifact in the National September 11 Museum. The Defendants filed motions for summary judgment. The court found that the Foundation's actions were attributable to the state. However, applying the Lemon test, the court determined that displaying the cross had a secular purpose, did not endorse religion, and did not create excessive entanglement. The court also rejected the Equal Protection and state law claims, concluding that no intentional discrimination was shown and that the state law claims failed for various reasons, including non-applicability to the bi-state agency or failure to comply with notice requirements. Therefore, the Defendants' motions for summary judgment were granted.

First AmendmentEstablishment ClauseEqual Protection ClauseSummary JudgmentState ActionReligious SymbolSeptember 11 MemorialMuseum ExhibitGovernment FundingConstitutional Law
References
80
Case No. MISSING
Regular Panel Decision
Nov 10, 2008

SD Protection, Inc. v. Del Rio

Plaintiff SD Protection, Inc. brought a breach of contract action against defendant Edward Del Rio. Over two years, SD Protection repeatedly failed to comply with discovery orders, including monetary sanctions totaling $1,000 imposed by Magistrate Judge Robert M. Levy. Despite multiple opportunities and warnings, SD Protection refused to pay the fines or comply with the court's directives. District Judge Mauskopf ultimately held SD Protection in civil contempt for its obstructionist behavior and non-compliance. The court ordered the dismissal of SD Protection's claims and will award Del Rio reasonable attorney's fees and costs incurred due to the plaintiff's contempt, while declining to impose civil arrest due to jurisdictional limitations on serving such an order.

Civil ContemptDiscovery SanctionsBreach of ContractNon-complianceCourt OrdersMonetary FinesDismissal of ComplaintCompensatory RemedyJurisdictional LimitsFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision
Apr 15, 1983

American White Cross Laboratories, Inc. v. North River Insurance

Vincent Yeager, an employee of American White Cross Laboratories, Inc. (American), was injured during employment, leading to a lawsuit against a machine manufacturer, who then brought a third-party action against American for indemnification. American was covered by both a workers’ compensation policy from the State Insurance Fund and a general liability policy from North River Insurance Co. North River disclaimed liability, citing exclusions for workers’ compensation obligations and bodily injury to employees. American then initiated a fourth-party action against North River for contribution. The Supreme Court initially denied American's summary judgment motion and granted North River's cross-motion to dismiss, with leave to replead for indemnification. This court reversed, holding that North River's exclusions do not insulate it from American’s claims because the employer's liability to a third-party tort-feasor for an employee's injury arises from equitable apportionment, not directly from workers' compensation law, thus granting American's motion for summary judgment and denying North River's cross-motion.

Insurance coverage disputeGeneral liability policyWorkers' compensation exclusionContribution between tort-feasorsIndemnificationSummary judgmentFourth-party actionDole-Dow doctrineEquitable apportionmentEmployer liability
References
2
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