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

Case No. ADJ13303390
Regular
Feb 15, 2023

JULIO PINEDA vs. CITY OF RANCHO CUCAMONGA, LWP CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the administrative law judge's (WCJ) finding of a compensable psychiatric injury. The defendant argued the psychiatric Qualified Medical Examiner's (QME) opinion lacked substantial evidence and that a "good faith personnel action" defense applied. The WCAB rescinded the award, finding the WCJ's decision failed to include a detailed analysis of the "good faith personnel action" defense as required by *Rolda v. Pitney Bowes*. The matter is returned to the WCJ to issue a new decision addressing all relevant issues under the preponderance of evidence standard.

Psychiatric injuryGood faith personnel action defenseRolda analysisSubstantial causePredominant causeQualified Medical Examiner (QME)Findings and Award (F&A)RescindReturn to WCJLabor Code section 3208.3
References
2
Case No. Proof of Claim No. 149
Regular Panel Decision

In re DeWitt Rehabilitation & Nursing Center, Inc.

The Debtor, DeWitt Rehabilitation and Nursing Center, Inc., moved to expunge the priority portion of a claim filed by United Staffing Registry, Inc. The Claimant sought priority status for social security, Medicare, and unemployment payments made for temporary employees it provided, citing 11 U.S.C. § 507(a)(5). Bankruptcy Judge Allan L. Gropper analyzed the application of § 507(a)(5) in light of case precedents, including Howard Delivery Service, Inc. The Court determined that the priority under § 507(a)(5) is intended to protect contributions for a debtor's direct employees, and the temporary employees were not employees of DeWitt. Consequently, the Debtor's objection was sustained, disallowing the priority and reclassifying the entire claim as a general unsecured claim, while also denying the Debtor's request for legal fees.

Bankruptcy LawPriority ClaimsEmployee Benefit Plans11 U.S.C. § 507(a)(5)Temporary EmployeesUnsecured ClaimsIndemnificationLegal FeesClaim ExpungementStatutory Interpretation
References
9
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
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

Hayes v. Equality Specialities

Plaintiff Bonnie Hayes initiated an action against Equality Specialties, Inc., MNC Stribbons Inc., and MNC Sourcing Solutions, Inc., asserting claims of breach of contract, promissory estoppel, unjust enrichment, quantum meruit, and violations of New York Labor Law §§ 190-99, stemming from the termination of her employment by Equality. Her claims against MNC entities were predicated on a theory of successor liability for Equality's alleged wrongs. MNC moved for summary judgment, contending that Hayes failed to demonstrate a triable issue of fact regarding successor liability. The Court evaluated Hayes's arguments for de facto merger, implied assumption of liabilities, and fraud, ultimately finding insufficient evidence to establish any of these exceptions to the general rule against successor liability. Consequently, the Court granted MNC's motion for summary judgment, ordering Hayes to pursue a default judgment against Equality or dismiss the action.

Successor LiabilitySummary JudgmentBreach of ContractPromissory EstoppelUnjust EnrichmentQuantum MeruitWage ClaimsDe Facto MergerAsset Sale AgreementCorporate Law
References
10
Case No. MISSING
Regular Panel Decision

Suzy Phillips Originals, Inc. v. Coville, Inc.

This case involves a dispute over defective fabric supplied by defendant Coville, Inc., a textile converter, to plaintiff Suzy Phillips Originals, Inc., a garment manufacturer. Suzy Phillips filed claims for breach of contract, negligence, and misrepresentation. Coville moved for summary judgment to dismiss these claims. The Court granted summary judgment for Coville on the breach of contract claim for lost profits (Second Cause of Action) and the misrepresentation claim (Fourth Cause of Action). Suzy Phillips voluntarily withdrew its negligence claim (Third Cause of Action). The Court denied Coville's motion to remand the case to state court, exercising supplemental jurisdiction over the remaining First Cause of Action for breach of contract, which seeks damages for the cost of goods sold. The Court also denied motions for sanctions and attorneys' fees.

Contract DisputeSummary JudgmentNegligenceMisrepresentationBreach of ContractUniform Commercial CodeSale of GoodsTextile IndustryDamage LimitationLost Profits
References
37
Case No. MISSING
Regular Panel Decision

Claim of Baker v. Wessel Duval, Inc.

The case involves an appeal from a Workers’ Compensation Board decision that found a decedent, a director and shareholder of Wessel Duval, Inc., to be an employee eligible for benefits after suffering a fatal stroke during a board meeting. The Workers’ Compensation Law Judge initially awarded benefits, which the Board affirmed. The employer appealed, arguing against the employer-employee relationship. The appellate court, referencing the precedent of *Matter of Nallan v Motion Picture Studio Mechanics Union*, reversed the Board's finding. It concluded that there was insufficient evidence of control by Wessel Duval, Inc. over the decedent, such as a salary, employment contract, or the right to discharge from an employment role, despite the decedent's contributions to the business. Consequently, the claim for workers' compensation benefits was dismissed.

Employer-Employee RelationshipWorkers' Compensation BenefitsAppellate DivisionCorporate DirectorShareholder StatusControl TestLack of Employment ContractStipend vs. SalaryBoard of Directors MeetingStroke Death
References
3
Case No. MISSING
Regular Panel Decision

Durant v. A.C.S. State & Local Solutions Inc.

Plaintiff Sharon Durant filed a lawsuit against A.C.S. State and Local Solutions, Inc. (ACS) alleging sexual harassment and a hostile work environment. Durant, a customer service representative, claimed she received two sexually explicit notes from a co-worker, Terri Simeon. Upon reporting the second note, ACS swiftly responded by moving Durant's workstation and disciplining Simeon, which ended the direct harassment. Despite these actions, Durant resigned, asserting constructive discharge because Simeon was not fired. The court granted summary judgment in favor of ACS, ruling that there was no quid pro quo harassment, the environment was not sufficiently hostile, no constructive discharge occurred, and her state law claims and intentional infliction of emotional distress claim also failed or were time-barred.

Sexual HarassmentHostile Work EnvironmentSummary JudgmentQuid Pro QuoConstructive DischargeEmployer LiabilityCorrective ActionCo-worker MisconductEmployment DiscriminationTitle VII
References
21
Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 14, 2010

Fragrancenet. Com, Inc. v. Fragrancex. Com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging copyright and trademark infringement, trademark dilution, and other state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images and misused its trademarks in metatags and Google's AdWords program to divert consumers. Defendant moved to dismiss the complaint, arguing that FragranceNet's images lacked copyrightable originality and that FragranceNet did not have enforceable trademark rights. The Court denied the motion, ruling that FragranceNet's claims were plausible, citing the presumption of originality from copyright registration and the validity of trademark assignments allowing for past infringement claims. The Court also determined that the defendant's champerty defense presented factual issues inappropriate for a motion to dismiss.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationUnjust EnrichmentMotion to DismissOriginality of CopyrightDerivative WorksLanham Act
References
73
Case No. MISSING
Regular Panel Decision

Allen v. Telergy Network Services, Inc.

Plaintiff Luc D. Allen, an employee of Marais Trenching, Inc., was seriously injured while repairing a trenching machine on a fiber optic cable project. He and his wife filed an action against Telergy Network Services, Inc. (owner) and Mastec North America, Inc. d/b/a Wilde Construction (general contractor), alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as a contractual third-party beneficiary claim. The defendants and third-party defendant Marais Trenching, Inc. moved for summary judgment, which was granted by the Supreme Court, dismissing all claims. On appeal, the plaintiffs’ claims under Labor Law § 200, § 241 (6), and the third-party beneficiary claim were reviewed. The appellate court affirmed the dismissal, finding no control by Telergy or Wilde over the repair work, no violation of 12 NYCRR 23-9.5 (f), and that the plaintiff was not an intended third-party beneficiary of the highway work permit or the contract between Telergy and Wilde.

Labor Law § 200Labor Law § 241(6)Summary JudgmentTrenching AccidentConstruction Site SafetyThird-Party Beneficiary ClaimAppellate AffirmationEmployer ResponsibilityGeneral Contractor LiabilityUnsafe Work Condition
References
9
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