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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

Fernbach v. 3815 9th Avenue Meat & Produce Corp.

The Regional Director for Region 2 of the National Labor Relations Board petitioned the court for injunctive relief under Section 10(j) of the National Labor Relations Act. The petition sought an interim order to halt alleged unlawful labor practices and mandate the reinstatement of five employees discharged on October 22, 2011, amid union organizing efforts. The court found reasonable cause to believe the employer violated the Act, noting the close temporal proximity between the employer learning of union activity and the discharges, and the pretextual nature of the employer's cost-saving justification. It also determined that injunctive relief, including a cease and desist order and employee reinstatement, was just and proper to restore the status quo and mitigate the chilling effect on unionization caused by the discharges. Consequently, the court granted the petition for injunctive relief.

National Labor Relations ActNLRBSection 10(j)Injunctive ReliefUnfair Labor PracticeEmployee DischargeUnion OrganizingReinstatementCease and DesistLabor Law
References
8
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ 3415663 [SDO 0253511] ADJ 2801520 [SDO 0253510]
Regular
Sep 02, 2008

NORMA J. CALLOWAY vs. SAN DIEGO TRANSIT COMPANY, CORVEL CORPORATION

Reconsideration granted; WCJ decision affirmed except for amendment to defer attorney's fees and Labor Code section 5814 penalties, and correcting the reference to Labor Code section 4616.2 to Rule 9767.9(e)(2).

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Labor Code Section 4616.2Administrative Director Rule 9767.9Serious Chronic ConditionPrimary Treating PhysicianAttorney's FeesLabor Code Section 4062Labor Code Section 5814.5Agreed Medical Evaluator
References
9
Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Region v. W. J. Woodward Construction, Inc.

This case concerns an appeal regarding the electrocution death of a construction worker and the application of Labor Law § 240. The decedent, Grover J. Region, an ironworker employed by McBrearity's Metal Building Erectors, was fatally injured on November 18, 1982, when a crane cable he was helping to operate came into contact with high tension electric lines at a construction site in Ulster County. The plaintiff, administratrix of the decedent's estate, filed a lawsuit against property owner William J. Woodward and contractor W. J. Woodward Construction, Inc., among others, alleging a violation of Labor Law § 240 (1) due to the failure to provide proper safety measures for crane operation near electrical hazards. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability against Woodward and Woodward Construction, who subsequently appealed this decision. The appellate court affirmed the lower court's ruling, finding that the defendants had violated Labor Law § 240 (1) by failing to implement necessary safety precautions for the crane, which was being used as a hoist, thereby incurring absolute liability for the injuries proximately caused.

ElectrocutionConstruction AccidentCrane OperationLabor Law § 240Absolute LiabilityWorker SafetySummary JudgmentAppellate ReviewContractor LiabilityOwner Liability
References
9
Case No. 2018 NY Slip Op 08577
Regular Panel Decision
Dec 13, 2018

Quigley v. Port Auth. of N.Y. & N.J.

Plaintiff Thomas Quigley sustained injuries after slipping on snow-covered pipes located directly outside his employer's work site shanty. The case involved claims under Labor Law § 241 (6) based on alleged violations of Industrial Code sections 12 NYCRR 23-1.7 (d), (e)(1), and (e)(2), as well as common-law negligence and Labor Law § 200. The court modified a prior order, denying defendants' motion to dismiss the Labor Law § 241 (6) claim predicated on 12 NYCRR 23-1.7 (d), finding an issue of fact regarding whether the accident occurred in a walkway. It affirmed the dismissal of the claim based on 12 NYCRR 23-1.7 (e)(1) as inapplicable to outdoor areas, but affirmed the denial of dismissal for claims based on 12 NYCRR 23-1.7 (e)(2), 12 NYCRR 23-2.1 (a)(1), common-law negligence, and Labor Law § 200. The appellate court concluded that defendants failed to demonstrate lack of notice regarding the dangerous condition.

Slip and fallConstruction site accidentLabor LawIndustrial CodePremises liabilityDangerous conditionSummary judgmentDuty to warnNoticeAppellate review
References
10
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. 2021 NY Slip Op 08220 [192 AD3d 859]
Regular Panel Decision
Mar 17, 2021

Cruz v. 1142 Bedford Ave., LLC

The case involves Maximo Cruz, who sustained left hand injuries while operating a table saw at a Brooklyn construction site. He sued 1142 Bedford Avenue, LLC, J. Vasquez Meat Corp., and 2 Big Meadow Lane, LLC, alleging violations of Labor Law and Industrial Code provisions related to workplace safety. The Appellate Division modified a Supreme Court order, denying 2 Big Meadow's motion for summary judgment by finding triable issues regarding its 'owner' status under Labor Law § 241 (6). Furthermore, the court granted the plaintiffs' cross-motion for summary judgment on liability against 1142 Bedford Avenue, LLC, and J. Vasquez Meat Corp., concluding that the malfunctioning table saw without proper safety features was the proximate cause of the injuries. This decision reaffirms the nondelegable duty of owners and contractors to ensure a safe work environment and comply with specific safety regulations.

Construction accidentPersonal injuryLabor Law Section 241(6)Industrial CodeSummary judgment motionOwner liabilityProximate causeTable sawWorkplace safetyAppellate Division
References
23
Case No. MISSING
Regular Panel Decision
May 12, 2010

Mattina v. Ardsley Bus Corp.

This case involves Celeste J. Mattina, Regional Director for Region 2 of the National Labor Relations Board, seeking temporary injunctive relief against Ardsley Bus Corp. under Section 10(j) of the NLRA. The General Counsel alleged that Ardsley engaged in unfair labor practices, including unlawfully withdrawing recognition from the Transport Workers Union and making unilateral changes to employment terms. The court reviewed the administrative record, found reasonable cause to believe Ardsley committed these unfair labor practices, and determined that temporary injunctive relief is just and proper to prevent irreparable harm and restore the status quo. The injunction requires Ardsley to cease various unfair labor practices and to bargain in good faith with the Union.

Temporary InjunctionUnfair Labor PracticesNational Labor Relations ActCollective Bargaining AgreementUnion DecertificationRefusal to BargainUnilateral ChangesEmployee RightsStatus Quo AnteInjunctive Relief
References
22
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