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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

Ray v. Knights

This case involves an automobile accident in Ulster County, New York, where a plaintiff passenger was injured in a vehicle operated by defendant Glenn W. Tynan, which collided with a vehicle owned by Eastern Ingredients and operated by David W. Knights. The plaintiff sued Tynan, Knights, and Eastern for negligence. Tynan initially argued the exclusivity of workers' compensation, having received payments from Tynan's carrier. However, the New Jersey Workers’ Compensation Court subsequently determined that the accident did not occur in the course of the plaintiff's employment, rendering the injuries non-compensable under workers' compensation. The court reversed the Supreme Court's decision to dismiss claims against Tynan, ruling that the plaintiff's acceptance of voluntary payments did not bar a direct action, as there was no election between mutually exclusive remedies. Furthermore, concerning contribution claims, the court applied New York law over New Jersey law, allowing Knights and Eastern to assert cross-claims against Tynan in the event the workers' compensation decision is overturned.

Automobile AccidentWorkers' CompensationConflict of LawsNew York LawNew Jersey LawContribution ClaimsExclusive RemedySummary JudgmentCross-ClaimAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision

Knight v. Storex Systems, Inc.

The plaintiff, Brian V. Knight, holding a patent for dome-shaped storage structures, initiated legal action against multiple corporate and individual defendants for alleged willful patent infringement and contributory infringement. Additionally, Knight accused defendant Storex Systems, Inc., of breaching a licensing agreement related to the patent. The defendants filed motions seeking dismissal under various Federal Rules of Civil Procedure 12(b) subsections, or alternatively, for summary judgment under Rule 56. The court, presided over by Chief Judge McCurn, denied all motions to dismiss the patent infringement and breach of contract claims, citing that the arguments involved factual disputes necessitating discovery. The court also declined to convert the motion to dismiss into a motion for summary judgment, noting that the pleadings were not closed and the plaintiff had not been afforded a full opportunity to present Rule 56 material.

Patent InfringementLicensing AgreementBreach of ContractFederal Rules of Civil Procedure 12(b)Federal Rules of Civil Procedure 56Motion to DismissSummary JudgmentRes JudicataContributory InfringementPatent Law
References
5
Case No. MISSING
Regular Panel Decision

Knight v. Astrue

Plaintiff Llewelyn M. Knight applied for disability insurance benefits (DIB), which were denied by the Commissioner of Social Security. Plaintiff sought judicial review, alleging disability due to herniated and bulging discs and cervical spondylosis. The Administrative Law Judge (ALJ) initially denied the claim, finding Plaintiff not disabled and able to perform sedentary work. This court reviewed the ALJ's decision, addressing Plaintiff's arguments regarding impairment listings, residual functional capacity, the need for a vocational expert, credibility, and an independent medical examiner's opinion. Ultimately, the court found substantial evidence supporting the Commissioner's decision, granted the Commissioner's motion for judgment on the pleadings, and denied Plaintiff's motion, dismissing the case.

Disability BenefitsSocial Security ActSedentary WorkResidual Functional CapacityAdministrative Law JudgeMedical-Vocational GuidelinesCredibility AssessmentSpinal DisordersNerve Root CompressionMotor Loss
References
41
Case No. MISSING
Regular Panel Decision

Nazario v. 222 Broadway, LLC

Plaintiff, an electrical worker, fell from a ladder after receiving an electric shock from an exposed wire while performing work. The Supreme Court initially denied the plaintiff's motion for partial summary judgment on Labor Law §§ 240 (1) and 241 (6) claims and dismissed those claims, while granting defendants' motions for contractual indemnification against the third-party defendant, Knight. This appellate order modified the prior decision, reinstating the Labor Law § 240 (1) claim and granting plaintiff's motion for partial summary judgment on that claim, finding that the ladder provided inadequate protection. The court also denied 222 Broadway, LLC's motion for contractual indemnification but affirmed the grant of contractual indemnification to Lime Energy Co. and Jones Lang Lasalle Americas, Inc. against Knight, as their liability was vicarious.

Labor Law § 240 (1)Ladder FallElectric ShockSummary JudgmentContractual IndemnificationThird-Party LiabilityProximate CauseAppellate DivisionWorkplace SafetyConstruction Accident
References
22
Case No. ADJ897091 (STK 0214371)
Regular
Nov 10, 2009

Humberto Garcia vs. Knight Incorporated

The Appeals Board grants the applicant's petition for removal, rescinding the WCJ's order that prevented the applicant from deposing employer witnesses on issues of discrimination under Labor Code section 132a. The Board finds the deposition is a reasonable method to determine the applicant's employment status.

Petition for removalLabor Code section 132aemployer discriminationtermination of employmentmedical benefits terminationdiscovery rightsdeposition of employer witnessWorkers' Compensation Appeals Boardadministrative law judgeirreparable harm
References
1
Case No. ADJ2782956 (POM 0291146)
Regular
Oct 13, 2009

DAVID KNIGHT vs. SOUTHERN CALIFORNIA EDISON

Reconsideration denied for reasons stated in WCJ's report.

Order Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardSouthern California EdisonSelf-InsuredAdministrative Law JudgeWCJ ReportADJ2782956POM 0291146David Knight
References
0
Case No. MISSING
Regular Panel Decision

Claim of Warren v. Gallant Knight Security, Inc.

A claimant was injured in October 1996 and filed for workers' compensation benefits. The employer, insured by Clarendon National Insurance Company, was found to have a lapse in coverage at the time of the injury. Despite failing to appear at multiple hearings, a Workers’ Compensation Law Judge (WCLJ) ruled Clarendon responsible for the claim in August 2000. Clarendon's subsequent appeal to the Workers' Compensation Board, made nearly a year later, was denied as untimely. This court affirmed the Board's decision, finding no abuse of discretion given Clarendon's significant delay and lack of justification.

Workers' CompensationInsurance CoverageTimeliness of AppealAppellate ReviewLapsed CoverageProcedural RulesBoard DiscretionDenial of Motion to ReopenWCLJ DecisionStatutory Interpretation
References
2
Case No. ADJ7139426
Regular
Nov 27, 2012

ROGER KNIGHT vs. NEW ORLEANS SAINTS, LWCC BATON ROUGE

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a September 10, 2012 decision. This action was taken due to statutory time constraints and a preliminary review indicating the need for further study of the factual and legal issues. The WCAB believes granting reconsideration is necessary for a complete understanding and to ensure a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationStatutory time constraintsFactual issuesLegal issuesJust and reasoned decisionDecision After ReconsiderationElectronic Adjudication Management SystemAnaheim District Office
References
0
Case No. ADJ9487589
Regular
Feb 25, 2020

DONNA KNIGHT (DECEASED) vs. MARISAN GROUP, SENTINEL INSURANCE COMPANY, THE HARTFORD

This case concerns the deceased worker's estate's claim for penalties and attorney's fees related to delayed death benefit payments. The Appeals Board affirmed the Workers' Compensation Judge's decision, finding the defendant was entitled to a credit for an overpayment. The majority ruled that the penalty under Labor Code section 4650(d) did not apply because payments were made before the award became final for appellate purposes. A dissenting commissioner argued for the application of penalties and attorney's fees due to the defendant's failure to pay accrued interest.

Labor Code section 4650(d)Death benefitsPenaltyAttorney's feesCreditInterestReconsiderationFinality of awardEquitable creditUnilateral mistake of law
References
10
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