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

Case No. ADJ2912747 (AHM 0106971)
Regular
May 23, 2014

JOSE MANUEL OCHOA vs. CHECKMATE STAFFING, ZENITH INSURANCE, FRONTIER MEDICAL, INC., N-CARE, LLC.

The Workers' Compensation Appeals Board granted reconsideration for lien claimants Frontier Medical and N-Care, reversing a prior dismissal. The liens were dismissed because their representative, Pinnacle Lien Services, failed to file required letters of representation under Labor Code section 4903.6(b), rendering them unrepresented. Despite Pinnacle's claims of appearance and objection, the Board affirmed the dismissal, emphasizing the mandatory nature of the representation letter for a hearing representative to act. Jurisdiction is reserved for potential sanctions against Pinnacle, Frontier, and N-Care.

Pinnacle Lien ServicesFrontier MedicalN-CareWCABPetition for ReconsiderationOrder Dismissing LiensLabor Code section 4903.6(b)Hearing RepresentativeLetter of RepresentationLien Conference
References
0
Case No. MISSING
Regular Panel Decision

Musto v. Transport Workers Union of America

Plaintiffs, former Title II Utility Men for American Airlines, represented by TWU and Local 501, alleged violations of the Railway Labor Act. They claimed the unions breached their duty of fair representation by deliberately eliminating their jobs during negotiations in 2002, leading to layoffs, and by failing to pursue their grievances. Plaintiffs also asserted American improperly laid them off, breaching collective bargaining agreements and Letters of Understanding. The court denied the unions' motions to dismiss the fair representation claims, finding sufficient evidence of bad faith and discrimination. However, plaintiffs' claims for punitive damages against the unions were dismissed. American's motion to dismiss, arguing minor disputes and lack of collusion, was also denied, as the court found a valid hybrid claim for breach of the CBA inextricably linked to the union's fair representation breach.

Railway Labor ActDuty of Fair RepresentationCollective Bargaining AgreementLayoffsSeniority RightsContract NegotiationGrievance ProcedureStatute of LimitationsPunitive DamagesHybrid Actions
References
29
Case No. MISSING
Regular Panel Decision

Smith v. Sipe

The dissenting opinion argues for the dismissal of a complaint alleging a breach of the duty of fair representation by a labor organization. The judge contends that merely providing incorrect advice, as alleged against the union representative, does not constitute the type of egregious conduct—arbitrary, discriminatory, or bad faith actions—that the duty of fair representation was established to prevent. While acknowledging a developing area of law where some courts have extended this duty to include negligence, the majority of jurisdictions maintain a stricter interpretation. The dissent emphasizes that the duty was created to prevent invidious treatment, not to address simple negligence. Therefore, the complaint's allegations are deemed insufficient to establish a cause of action for breach of this duty.

Duty of Fair RepresentationLabor LawUnion ConductGrievance ProcedureNegligenceArbitrary ConductBad FaithDiscriminatory ConductDissenting OpinionJudicial Interpretation
References
23
Case No. ADJ2754082 (ANA 0368835)
Regular
Jul 22, 2010

SPENCER SULLIVAN vs. SULLIVAN HEALTH CARE ENTERPRISES, INC., GRANITE STATE INSURANCE COMPANY, TENET/FOUNTAIN VALLEY REGIONAL HOSPITAL

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of its prior decision affirming a finding that the applicant, Spencer Sullivan, did not sustain an industrial neck injury. This action was prompted by applicant's attorney submitting a letter requesting rescission of the decision due to a pending Compromise and Release (C&R) settlement. Although the WCAB had no record of a prior defense letter regarding settlement, it recognized the C&R's existence. Consequently, the WCAB rescinded its June 23, 2010 decision and the WCJ's May 5, 2009 decision, returning the case to the trial level for the WCJ to review and act upon the C&R.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseNunc Pro TuncRescinded DecisionTrial Level ProceedingsRegistered NurseCumulative TraumaGeneral EmployerSpecial Employer
References
0
Case No. MISSING
Regular Panel Decision

Sheehan v. United States Postal Service

The plaintiff, a former letter carrier, sued the Union (Branch 81 and Branch 358) and Michael Hoag (Branch 81 president) for breach of duty of fair representation, fraudulent misrepresentation, wrongful discharge, and conspiracy after her termination from USPS. She alleged that Hoag falsely claimed to have filed an appeal for her termination grievance. The Court found the federal breach of duty of fair representation claim to be time-barred. It further ruled that the state law claims for wrongful discharge and conspiracy were preempted by federal labor law. The fraudulent misrepresentation claim was also deemed preempted by the NLRA. Consequently, the defendants' motion for summary judgment was granted, and the complaint was dismissed.

Breach of Duty of Fair RepresentationFraudulent MisrepresentationWrongful DischargeConspiracy (Labor Law)Statute of LimitationsSummary JudgmentFederal PreemptionLabor Management Relations ActNational Labor Relations ActCollective Bargaining Agreement
References
46
Case No. MISSING
Regular Panel Decision

Lettis v. United States Postal Service

Plaintiff John M. Lettis, a former letter carrier, brought a hybrid action against the United States Post Office and Branch 6000, alleging breach of a collective bargaining agreement and duty of fair representation after his employment termination. He moved to drop certain defendants, add others, and amend his complaint to include claims from a suspension arbitration. The Court granted the motion to drop original defendants and to add the United States Postal Service and the National Association of Letter Carriers as defendants. It also conditionally granted the addition of several individual defendants for supplemental state claims, pending proper pleading and applicable statutes of limitations. Furthermore, the Court conditionally allowed the amendment of claims arising from a suspension arbitration, subject to a six-month statute of limitations.

Employment LawLabor LawUnion RepresentationBreach of ContractFederal Civil ProcedureStatute of LimitationsHybrid ActionCollective Bargaining AgreementUnited States Postal ServiceNational Association of Letter Carriers
References
0
Case No. 2023 NY Slip Op 04373
Regular Panel Decision
Aug 23, 2023

Kohler v. Polsky

Plaintiffs James Kohler and his wife appealed an order from Supreme Court, Kings County, concerning a legal malpractice action. They alleged that attorneys Mark S. Polsky and Polsky, Shouldice & Rosen, P.C. committed malpractice by failing to advise James Kohler of potential personal injury claims. This failure was attributed to an engagement letter that limited representation solely to a workers' compensation claim for a knee injury Kohler sustained in 2009. The Supreme Court initially granted summary judgment to the defendants, dismissing the legal malpractice and loss of consortium claims, and denied the plaintiffs' cross-motion. The Appellate Division, Second Department, affirmed this decision, concluding that the defendants successfully demonstrated that the alleged acts of malpractice fell outside the defined scope of the engagement letter.

Legal MalpracticeScope of RepresentationEngagement LetterSummary JudgmentAppellate ReviewWorkers' Compensation ClaimPersonal Injury ClaimInformed ConsentDuty of AttorneyProximate Cause
References
8
Case No. 2016 NY Slip Op 03690
Regular Panel Decision
May 11, 2016

Anderson v. Armentano

Thomas E. Anderson (the plaintiff) initiated a legal malpractice action against William V. Armentano, Esq., and Grey & Grey, LLP (G&G). The plaintiff alleged injuries from a fall and subsequently retained G&G, among other attorneys, for potential claims. Crucially, G&G failed to file a timely notice of claim against the Town of Oyster Bay. After a proceeding for leave to file a late notice of claim was initially granted by the Supreme Court but later reversed by the Appellate Division, the plaintiff commenced the malpractice suit. G&G moved to dismiss the complaint, asserting that their representation was limited solely to the plaintiff's Workers' Compensation claim, supported by a 'Notice of Retainer and Appearance-Additional Attorney.' The Supreme Court, Suffolk County, denied G&G's motion. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the evidence presented by G&G (letters and an affirmation) did not qualify as documentary evidence for dismissal under CPLR 3211(a)(1), and the Workers' Compensation Board Notice did not conclusively refute the plaintiff's claim of broader representation.

Legal MalpracticeDocumentary EvidenceMotion to DismissCPLR 3211(a)(1)Workers' Compensation ClaimScope of RepresentationAppellate ReviewNotice of ClaimSufficiency of EvidenceLitigation
References
23
Case No. MISSING
Regular Panel Decision
Jun 16, 1969

In re the Estate of Joseph

In this appeal, the petitioner challenged a Surrogate's Court decree from Queens County, dated June 16, 1969, which denied her application for letters of administration after a nonjury trial. The decree was affirmed, with the court ruling that the petitioner, having appeared in an Alabama divorce action, could not relitigate the foreign court's jurisdiction over the decedent's residency. The dissenting opinion argued that the Alabama divorce, obtained in 1959, was a nullity under Alabama law due to the decedent's lack of domicile, and therefore should not be afforded full faith and credit. It highlighted that the petitioner received no benefits from the divorce, was unaware of it until the decedent's death in 1968, and the couple continued a marital relationship, suggesting the marriage remained valid. The dissent concluded there was no reason to deny the wife her rights to administration.

Letters of AdministrationAlabama DivorceForeign Divorce ValidityFull Faith and CreditDomicileJurisdictionIntestacySpousal RightsEquitable EstoppelLaches
References
6
Case No. MISSING
Regular Panel Decision
Aug 20, 1971

Commarato v. McLeod

The President of Local 400 sought a preliminary injunction to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election, pending the final disposition of unfair labor practice charges. The Regional Director opposed this, arguing the court lacked jurisdiction. The court reviewed the factual background, including a postponed election, subsequent unfair labor practice charges filed by unions against Art Steel Company, Inc., and the Board's decision to proceed with the election despite its own 'blocking charge rule'. The court concluded that it lacked jurisdiction to review the Board's discretionary order to proceed with the election, as it did not fall under the narrow exception of the Board acting in direct contravention of a specific statutory mandate. Therefore, the defendant's motion to dismiss the complaint was granted.

Labor LawNational Labor Relations ActRepresentation ElectionPreliminary InjunctionJudicial ReviewNLRB JurisdictionUnfair Labor PracticesBlocking Charge RuleStatutory InterpretationFederal Courts
References
5
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