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

Case No. ADJ10146503
Regular
Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

This case concerns an award of attorney's fees and costs to applicant's attorney, Robert Rassp, pursuant to Labor Code section 5801. The Second District Court of Appeals had previously remanded the matter for this purpose. The Workers' Compensation Appeals Board reviewed Rassp's request for 13.25 hours of work and $865.59 in costs, totaling $6,165.59. The Board disallowed two hours of travel time due to lack of clarity on the reasonableness and nature of the activity. Ultimately, the Board awarded Rassp a total of $5,365.59 in attorney's fees and costs.

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return
References
0
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

Dugandzic v. New York City School Construction Authority

Mirolsav Dugandzic, a painter, sued multiple defendants, including the NYCSCA, Trataros Construction, and Crowe Construction, after slipping on paint remover at Fort Hamilton High School in 1992. He alleged negligence and violations of Labor Law sections 200 and 241(6), and Industrial Code section 23-1.7(d). The defendants moved for summary judgment, arguing the accident was due to his work, they lacked notice of a dangerous condition, and no Labor Law violation. The court found the motions timely and dismissed the Labor Law section 241(6) claim, as the Industrial Code section 23-1.7(d) was deemed inapplicable to the plaintiff's self-created slippery condition. However, the court denied the dismissal of the Labor Law section 200 claim against some defendants, citing a factual dispute over supervisory control. The City's cross-motion for summary judgment was granted, dismissing all claims against it due to a lack of evidence of its supervision or control.

Labor LawIndustrial CodeWorkplace SafetySummary Judgment MotionNegligence ClaimConstruction Site AccidentSlippery FloorEmployer LiabilitySupervisory ControlHazardous Materials
References
11
Case No. MISSING
Regular Panel Decision

Messina v. City of New York

Plaintiff Thomas Messina, an electrician, sustained leg injuries after stepping into an unguarded drainpipe hole while working at Yankee Stadium. He and his spouse filed a lawsuit against the City of New York and the New York Yankees, alleging violations of Labor Law §§ 200 and 241 (6). Initially, the Supreme Court granted summary judgment to defendants on the Labor Law § 241 (6) claim but later reversed its decision upon reargument, deeming the nature of the drainpipe hole a factual question for the jury. However, the appellate court reversed this ruling, clarifying that the interpretation of an Industrial Code regulation is a matter of law. The court concluded that the drainpipe hole, approximately 12 inches in diameter and 7-10 inches deep, did not constitute a "hazardous opening" under 12 NYCRR 23-1.7 (b), thereby entitling the defendants to summary judgment dismissing the Labor Law § 241 (6) claim.

Construction site accidentDrainpipe holeHazardous openingSummary judgmentLabor Law § 241 (6)Industrial Code 12 NYCRR 23-1.7 (b) (1)Falling hazardsAppellate reviewStatutory interpretationQuestion of law vs. fact
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. 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. MISSING
Regular Panel Decision
Sep 19, 2011

Capuano v. Tishman Construction Corp.

Plaintiff Philip Capuano, a carpenter employed by Donaldson Acoustics, suffered a back injury on February 26, 2007, after slipping on a sprinkler pipe while installing sheetrock at a construction site owned by Yeshiva University. Capuano and his wife subsequently filed a lawsuit alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), specifically citing Industrial Code provisions regarding tripping hazards and inadequate illumination. The Supreme Court, Bronx County, granted the plaintiffs' motion for partial summary judgment on the Labor Law § 241 (6) liability. Defendants appealed, questioning the existence of violations and Capuano's credibility. The appellate court affirmed the lower court's decision, finding that plaintiffs established a prima facie case of Labor Law § 241 (6) violations, and defendants failed to raise a material issue of fact.

Labor LawConstruction Site AccidentPersonal InjurySummary JudgmentTripping HazardInadequate LightingIndustrial Code ViolationNondelegable DutyWorkers' CompensationAppellate Review
References
3
Case No. ADJ984305
Significant
Sep 17, 2015

Joann Matute, Applicant vs. Los Angeles Unified School District, defendants

The Appeals Board held that the term 'mailing' in Labor Code section 4610.6(h) is equivalent to 'service by mail', thus extending the 30-day period to file an Independent Medical Review (IMR) appeal by five days under C.C.P. section 1013(a), making the applicant's appeal timely.

IMR determinationservice by mailCode of Civil Procedure 1013(a)Labor Code 4610.6(h)Appeals Board en bancPetition for ReconsiderationUtilization ReviewAdministrative Directoruntimely appeal30-day period
References
15
Case No. ADJ984305
En Banc
Sep 17, 2015

JOANN MATUTE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board held that the term 'mailing' in Labor Code section 4610.6(h) is equivalent to 'service by mail,' thus the 30-day period to file an appeal from an Independent Medical Review (IMR) determination is extended by five days under C.C.P. section 1013(a), making the applicant's appeal timely.

IMR determinationservice by mailC.C.P. section 1013(a)Labor Code section 4610.6(h)Appeals Board en banctimeliness of appealutilization reviewAdministrative DirectorWCJPetition for Reconsideration
References
10
Case No. 06-cv-05285
Regular Panel Decision
Oct 29, 2014

Muszkatel v. 90 Church Street Ltd. Partnership

Jerzy Muszkatel, an asbestos abatement worker, sued multiple defendants (owners, environmental consultants, contractors, subcontractors) for common law negligence and violations of New York Labor Law sections 200 and 241(6), alleging injuries from working in buildings near the World Trade Center post-9/11 due to inadequate safety equipment and procedures for "alkaline-based" dust. The District Court, presided by Judge Alvin K. Hellerstein, denied in part and granted in part the defendants' motions for summary judgment. The court found triable issues of fact regarding supervisory control and premises liability under Labor Law 200 for most defendants across multiple sites (2 World Financial Center, 90 Church Street, 140 West Street). It also sustained Section 241(6) claims for these sites concerning specific Industrial Code violations (23-1.5(c)(3), 23-1.7(h), 1.8(c)(4), 23-1.8(b)(l)), but dismissed claims for work at 101 Barclay Street and 7 Dey Street due to lack of "construction, excavation or demolition" activity, and dismissed all claims against Indoor Environmental Technologies, Inc.

asbestos abatementWorld Trade Center9/11 clean-upsummary judgmentNew York Labor Lawnegligenceindustrial code violationsoccupational hazardspersonal protective equipmentsite safety
References
29
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