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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

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. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. 2021 NY Slip Op 00133 [190 AD3d 505]
Regular Panel Decision
Jan 12, 2021

Santana v. MMF 1212 Assoc L.L.C.

Plaintiff, Juan C. Santana, was injured during demolition work when a ceiling fell and struck him. He brought claims under Labor Law §§ 241 (6) and 200, alleging violations of Industrial Code (12 NYCRR) §§ 23-1.8 (c) and 23-3.3 (c). The Appellate Division affirmed the denial of Richard Mishkin Contracting Inc.'s motion for summary judgment on the Labor Law § 241 (6) claim, finding issues of fact regarding the provision of safety hats and ongoing inspections. The court also affirmed the dismissal of the Labor Law § 200 claim against MMF 1212 Assoc L.L.C. and Finkelstein Timberger East Real Estate LLC, as plaintiff did not oppose and they lacked control over the work. Finally, Mishkin's cross-claims for common-law contribution and indemnification were not dismissed due to conflicting expert opinions on the gravity of plaintiff's brain injury under Workers' Compensation Law § 11.

Demolition AccidentFalling ObjectsConstruction SafetyLabor LawIndustrial CodeSummary JudgmentContribution ClaimIndemnification ClaimWorkers' CompensationAppellate Review
References
4
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
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. 2025 NY Slip Op 05500 [242 AD3d 829]
Regular Panel Decision
Oct 08, 2025

DeMarco v. C.A.C. Indus., Inc.

The plaintiff, Peter DeMarco, suffered personal injuries when excavation walls collapsed at a Queens work site. He sued C.A.C. Industries, Inc., a contractor that provided a backhoe and operating engineer to his employer, the City of New York Department of Environmental Protection (DEP). The Supreme Court, Queens County, partially granted the defendant's motion for summary judgment, dismissing claims under Labor Law § 200 and certain Labor Law § 241 (6) violations, while denying dismissal of the common-law negligence claim. The plaintiff's cross-motion for summary judgment was denied. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the defendant lacked authority to supervise for the Labor Law claims but failed to demonstrate a special employment relationship, leaving triable issues of fact regarding the common-law negligence claim and whether the defendant's excavation created or exacerbated the dangerous condition.

Excavation CollapseTrench SafetyLabor Law 200Labor Law 241(6)Industrial Code ViolationsSpecial EmploymentContractor NegligencePremises LiabilitySummary Judgment AppealDuty of Care
References
21
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. ADJ3724129 (VNO 0414129) ADJ1154072 (VNO 0414130)
Regular
Oct 15, 2012

William Young vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied William Young's petition for reconsideration, upholding a judge's decision to deny penalties for the City of Los Angeles' delay in authorizing spinal surgery. The Board agreed that Labor Code section 5814(c) barred the penalty claim due to applicant's failure to properly preserve the issue. While a concurring opinion found the defendant's 32-month delay and failure to comply with statutory obligations sanctionable under Labor Code section 5813, the majority denied reconsideration. Therefore, the applicant's request for sanctions and attorney fees was ultimately unsuccessful.

Labor Code section 5814(c)unreasonable delayspinal surgerypenaltyLabor Code section 5813attorney feesLabor Code section 5814.5Petition for ReconsiderationJoint Findings and OrderWCJ
References
6
Case No. ADJ9932467
Regular
Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied an applicant's petition for reconsideration, affirming the WCJ's decision that "Return-To-Work" supplemental payments under Labor Code section 139.48 are not "compensation" as defined by Labor Code section 3207. Therefore, the applicant was not entitled to a second penalty under Labor Code section 5814 for the employer's delay in providing a Supplemental Job Displacement Benefit voucher, as that delay did not cause a delay in a compensable benefit. The Board found that the applicant's penalty claim for the voucher delay was already resolved and that imposing a second penalty for a non-compensable benefit delay would be unfair and against the principle of balancing justice.

Labor Code section 139.48Return-To-Work supplemental paymentscompensation definitionLabor Code section 3207Labor Code section 5814 penaltyLabor Code section 4658.7 voucherSupplemental Job Displacement Benefitcompromise and release agreementGage v. Workers' Comp. Appeals Bd.unreasonable delay
References
1
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
3
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