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

Case No. ADJ7793905 ADJ7793938
Regular
Sep 21, 2012

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

In *Fowlks v. Lube Pit Stop, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a June 29, 2012 decision. The WCAB found that granting reconsideration was necessary to allow sufficient time to further study the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. Consequently, all future filings and communications regarding this case must be submitted in writing to the WCAB Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesVan Nuys District OfficeSan FranciscoElectronic Adjudication Management SystemADJ7793905ADJ7793938
References
0
Case No. ADJ7793905, ADJ7793938
Regular
Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration
References
0
Case No. MISSING
Regular Panel Decision
Jul 02, 2010

Blyer v. ONE STOP KOSHER SUPERMARKET, INC.

Alvin Blyer, Regional Director of NLRB Region 29, petitioned the District Court for interim relief against One Stop Kosher Supermarket, Inc. under 29 U.S.C. § 160(j). The Director sought an order compelling One Stop to bargain with Local 338, Retail, Wholesale and Department Store Union, after One Stop failed to honor a recognition agreement. The administrative law judge (ALJ) found the recognition agreement binding. The District Court granted the petition, finding reasonable cause for unfair labor practices and irreparable harm to the Union's collective bargaining rights, ordering One Stop to provide information and bargain, but stipulating that any agreement not be implemented until the NLRB's final decision.

National Labor Relations BoardUnfair Labor PracticesInterim InjunctionCollective BargainingUnion RecognitionLabor LawDistrict CourtSection 10(j)Employer-Union RelationsMandatary Injunction
References
14
Case No. MISSING
Regular Panel Decision

DAR & Associates, Inc. v. Uniforce Services, Inc.

Plaintiffs, consisting of DAR & Associates, Inc., its principals, and D.A.R. Temps, Inc., initiated a lawsuit against Uniforee Services, Inc. The core of the action sought a declaratory judgment that restrictive covenants and a liquidated damages provision in their contracts were unenforceable under New York law, alongside a breach of contract claim. In addressing cross-motions for partial summary judgment, the court found Uniforee possessed legitimate business interests warranting the protection of the restrictive covenants, deeming them reasonable in duration and geographic scope. Furthermore, the court upheld the enforceability of the liquidated damages clause, concluding that actual damages were difficult to ascertain at the time of contract and the agreed-upon sum was reasonable. Consequently, the plaintiffs' motion for partial summary judgment was denied, and the defendant's cross-motion was granted, effectively validating the contractual provisions at issue.

Restrictive CovenantsNon-compete ClauseNon-solicitation ClauseLiquidated DamagesBreach of ContractDeclaratory JudgmentSummary JudgmentFranchise AgreementLicensing AgreementUnfair Competition
References
60
Case No. Docket # 7
Regular Panel Decision

Empire Enterprises JKB, Inc. v. Union City Contractors, Inc.

This case involves a breach of contract claim by Empire Enterprises JKB, Inc. against Union City Contractors, Inc. for unpaid debris removal services, and a Miller Act claim against Union City's sureties, Nova Casualty Company and Nova American Groups, Inc. After a bench trial in January 2008, Union City filed for bankruptcy, leading to an automatic stay on claims against them. The court, however, proceeded with Empire's Miller Act claim against Nova. The primary dispute concerned the quantity of debris removed, with Empire claiming 11,470 cubic yards. The court found Empire's evidence credible and rejected Nova's fraud defense, ultimately granting judgment in favor of Empire against Nova for $84,653.63, plus prejudgment interest.

Miller Act claimPayment bondBreach of contractSurety liabilityFederal public works projectDebris removalCubic yardage disputePrejudgment interestAttorney's fees deniedFraud affirmative defense
References
29
Case No. MISSING
Regular Panel Decision

Volmar Distributors, Inc. v. New York Post Co., Inc.

Plaintiffs Volmar Distributors, Inc., Interboro Distributors, Inc. d/b/a Media Masters Distributors, and REZ Associates sued multiple defendants including The New York Post Co., Inc., Maxwell Newspapers, Inc., El Diario Associates, Pelham News Co., Inc., American Periodical Distributors, Inc., Vincent Orlando, The Newspaper and Mail Deliverer’s Union of New York and Vicinity (NMDU), and Douglas La Chance. The action alleges violations of the Sherman Antitrust Act, RICO, the New York State Donnelly Act, and state common laws, stemming from the termination of plaintiffs as newspaper distributors. The plaintiffs claim a conspiracy between Orlando (owner of Pelham and American) and La Chance (former NMDU president) to use La Chance's union influence to transfer distribution routes to Orlando's companies. Two related criminal indictments are pending: People v. La Chance and People v. NMDU. The court considered defendants' motion to stay civil discovery pending the resolution of these criminal matters. The court granted a complete stay of discovery for all defendants until the criminal proceedings against La Chance and Orlando are resolved, citing the protection of Fifth Amendment rights and the promotion of judicial efficiency by avoiding duplicative discovery.

AntitrustRICORacketeeringConspiracyCivil DiscoveryCriminal ProceedingsStay of ProceedingsFifth AmendmentSelf-IncriminationLabor Union
References
19
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. 2017 NY Slip Op 06253
Regular Panel Decision
Aug 23, 2017

Ecoline, Inc. v. W.H. Peepels Co., Inc.

In a breach of contract action, the plaintiff, Ecoline, Inc., an insulation subcontractor, sought damages from defendants W.H. Peepels Company, Inc., for unpaid work on a commercial building renovation. The Supreme Court, Queens County, granted Ecoline, Inc.'s motion for summary judgment in the principal sum of $53,442.57 but limited statutory interest from May 11, 2006. On appeal, the Appellate Division, Second Department, affirmed the summary judgment in favor of Ecoline, Inc. However, the appellate court reversed the lower court's decision regarding statutory interest, determining that it should be awarded from June 12, 2001, as this was the earliest ascertainable date the cause of action existed. The Court concluded that Ecoline, Inc. met its prima facie burden for breach of contract, and the defendants failed to raise a triable issue of fact.

Breach of ContractSummary JudgmentStatutory InterestAppellate ReviewSubcontractorConstructionDamagesInvoice DisputeNew York Appellate DivisionCivil Procedure
References
8
Case No. 2019 NY Slip Op 09251
Regular Panel Decision
Dec 24, 2019

Cioffi v. S.M. Foods, Inc.

This case involves an appeal regarding a personal injury action stemming from a police officer, Frederick M. Cioffi, being struck by a tractor-trailer operated by Daniel Burke during a traffic stop. The plaintiffs, Cioffi and his wife, alleged negligence and violations of General Municipal Law § 205-e against multiple defendants. The appellate court reviewed several aspects, including summary judgment on Burke's liability, vicarious liability claims against Russell McCall's, Inc. and Doug Jay, and the application of the Graves Amendment to Ryder Truck Rental, Inc. and PLM Trailer Leasing. Additionally, the court examined whether the injured plaintiff suffered a 'grave injury' under Workers' Compensation Law § 11 and the standard of care applicable to Officer Pinto's vehicle parking during a non-emergency operation. The court modified the lower court's order by granting plaintiffs' summary judgment on Burke's liability, denying dismissal of a cause of action against Russell McCall's Inc., and dismissing part of the third-party complaint regarding Pinto's parking.

Police Officer InjuryTraffic AccidentVehicle NegligenceVicarious LiabilityGraves AmendmentWorkers' Compensation LawGrave InjuryEmergency VehicleSummary JudgmentComparative Fault
References
53
Case No. MISSING
Regular Panel Decision

Brian Fay Construction, Inc. v. Morstan General Agency, Inc.

Brian Fay Construction, Inc. (plaintiff) contracted with J.E Spano and Company, agreeing to indemnify Spano. The plaintiff then instructed its insurance agents, DFW Associates, Inc. and Douglass Fenning (together DFW), and later Morstan General Agency, Inc., to add Spano as an additional insured to its general liability policy with Burlington Insurance Company. An employee of Brian Fay Construction was injured, leading to a claim against Spano and a third-party action against the plaintiff. Burlington denied coverage, citing an employee exclusion and stating there was no evidence Spano was an additional insured. The plaintiff sued the agents for failing to properly procure insurance, seeking a declaration that they were obligated to defend and indemnify. The Supreme Court granted the plaintiff's motion for summary judgment, but the appellate court reversed, finding that the plaintiff failed to prove that Burlington would have been obligated to cover the claim even if Spano had been properly named as an additional insured.

Insurance Broker LiabilityAdditional InsuredSummary JudgmentDuty to Procure InsuranceIndemnificationGeneral Liability PolicyEmployee Liability ExclusionAppellate ReviewConstruction ContractInsurance Coverage Dispute
References
6
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