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Case Law Database

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

Case No. ADJ6722110

Regular

Oct 11, 2013

SERGIO RODRIGUEZ vs. AIR COASTAL FLEET SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an administrative law judge's order dismissing a lien claim for failure to pay the required activation fee. The lien claimant, Advance Care Specialist Medical Clinic, and its representatives, Innovative Medical Management and Louis Heard, sought reconsideration, which was granted. However, the Board found no good cause to overturn the dismissal. Subsequently, the Board imposed a $1,000 sanction against Innovative Medical Management and Louis Heard for their failure to respond to a notice of intent to impose sanctions.

Lien activation feeSanctionLabor Code section 5813Appeals Board Rule 10561ReconsiderationWCJ Order Dismissing Lien ClaimNotice of Intention to Impose SanctionsWorkers' Compensation Appeals BoardHearing RepresentativeMedical Clinic

References

Case No. ADJ3413739

Regular

Oct 24, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by lien claimants and their representatives, Innovative Medical Management (IMM) and Louis Heard, as untimely. The Board also removed the case to itself and gave notice of its intention to impose sanctions of up to $2,500 against IMM and Heard. This action stems from IMM and Heard filing a frivolous, untimely petition containing misrepresentations about the timing of lien withdrawals, following the original imposition of sanctions by the WCJ for their failure to appear at a scheduled lien trial. The Board noted IMM and Heard's extensive history of similar sanctionable conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalSanctionsHearing RepresentativesInnovative Medical ManagementLouis HeardLien ClaimantsLabor Code Section 5813Frivolous Petition

References

Case No. ADJ7048560

Regular

Nov 28, 2011

PARVEENA PRASAD vs. SACRAMENTO BEE/McCLATCHY NEWSPAPERS, INC.

This case involves sanctions imposed against lien claimant Accident Injury & Family Therapy (AIFT), its representative Innovative Medical Management (IMM), and Louis Heard for failing to attend two mandatory settlement conferences. The Workers' Compensation Appeals Board (WCAB) reversed a prior decision that allowed AIFT's lien, finding the lien claimant's excuses for non-appearance unpersuasive despite the loss of the lien itself. The WCAB sanctioned AIFT, IMM, and Heard jointly and severally $800 and awarded defendant its reasonable costs and fees incurred due to the missed appearances.

Workers' Compensation Appeals BoardDecision After RemovalSanctionsCosts and FeesAccident Injury & Family TherapyInnovative Medical ManagementLouis HeardLabor Code Section 5813Utilization ReviewCompromise and Release

References

Case No. MISSING

Regular Panel Decision

Oct 22, 2014

Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.

Louis Vuitton Malletier S.A. sued Sunny Merchandise Corp., Louis Valentin Eyewear, and Chin Zong Tsai for federal and state trademark infringement and counterfeiting related to sunglasses. The court granted Louis Vuitton's motion for partial summary judgment on trademark infringement, finding strong marks, similarity, and Sunny's bad faith, and denied it on counterfeiting claims. Defendants' cross-motion was denied on counterfeiting but granted for claims against Gene Tsai due to insufficient evidence of his direct involvement. The court also ruled on the admissibility of expert testimonies and redaction requests.

Trademark InfringementCounterfeitingLanham ActSummary JudgmentExpert TestimonyBrandingMarketingConsumer ConfusionDilutionGoodwill

References

Case No. ADJ3413739 (SAL 0120295)

Regular

Nov 26, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL, ARCHIE MAYS, M.D., RUBY LEYNES, M.D., SCOTT ROSENZWEIG, M.D., EDWARD KOMBERG, D.C.; INNOVATIVE MEDICAL MANAGEMENT and LOUIS HEARD

This case involves a sanction against Innovative Medical Management and Louis Heard for reasons outlined in a prior Notice of Intention. The Appeals Board received a $2,500 payment from them, which they deemed an acknowledgment of the undisputed reasons for the proposed sanction. Consequently, the Board ordered a $2,500 sanction, crediting the payment already made, thus settling the matter.

Workers' Compensation Appeals BoardRemovalSanctionNotice of Intention to Impose SanctionHearing RepresentativesInnovative Medical ManagementLouis HeardMedical ManagementAppeals BoardOpinion and Decision

References

Case No. MISSING

Regular Panel Decision

Jun 03, 1976

In re Louis F.

This proceeding was initiated by foster parents under Social Services Law section 392 to review the foster care status of the child Louis F., aiming to free him for adoption. Respondents, the Department of Social Services, Catholic Home Bureau, and the natural mother, sought to continue foster care, with the agency planning for the child's discharge to the natural mother. The foster parents moved for prehearing disclosure of various records related to the child and his natural parents, which the Family Court denied for lack of sufficient necessity. The Appellate Division affirmed this denial. The court reiterated that while foster parents, as parties in a foster care review, may obtain disclosure upon a proper showing of necessity coupled with in camera viewing by the Family Court, in this instance, after its own appellate in camera review, it found no abuse of discretion in the Family Court's decision.

Foster CareChild WelfareSocial Services LawDisclosureIn Camera InspectionFamily CourtAppellate ReviewBest Interest of the ChildParental RightsAdoption Proceedings

References

Case No. MISSING

Regular Panel Decision

Russin v. Louis N. Picciano & Son

Plaintiff George Russin, employed by general contractor A. J. Cerasaro, Inc., sustained injuries while dismantling a scaffold at the En-Joie Golf Course in Endicott, New York. He sued prime contractors Mateo Electric Co., Inc., Louis N. Picciano & Son, and Stellmack Air Conditioning Refrigeration Corp., alleging violations of Labor Law sections 200, 240, and 241. These prime contractors held separate contracts with the owner, the Village of Endicott, and not with Cerasaro, the general contractor. The court affirmed the Appellate Division's decision, ruling that the prime contractors were not liable because they lacked contractual privity with the general contractor and thus had no authority to control the plaintiff's specific work or the site activity that led to his injury. The decision reiterates that liability under these Labor Law sections primarily rests with owners and general contractors, or their agents who have been delegated specific work and control over that work.

Construction AccidentLabor Law 200Labor Law 240Labor Law 241Prime Contractor LiabilityGeneral Contractor ResponsibilityScaffold AccidentWorkplace SafetyControl of WorkStatutory Agent

References

Case No. MISSING

Regular Panel Decision

Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Plaintiffs appealed an order that granted summary judgment to defendants Turner Construction Company and Louis P Ciminelli Construction Co., Inc., dismissing their complaint in a personal injury action arising from a construction accident involving Robert Uzar. The Supreme Court's decision was affirmed, with the appellate court determining that Turner, as construction manager, was not liable under Labor Law § 241 (6) because it lacked responsibility for worker safety and control over subcontractors. Additionally, Ciminelli was found not liable under common-law negligence and Labor Law § 200 as it did not have supervisory control over the plaintiff's work or create the dangerous condition. The appellate court rejected the plaintiffs' contention that Turner acted as a general contractor or agent of the County, and similarly found no triable issue of fact regarding Ciminelli's liability. Therefore, the order dismissing the complaint was unanimously affirmed.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review

References

Case No. MISSING

Regular Panel Decision

Animazing Entertainment, Inc. v. Louis Lofredo Associates, Inc.

This case involves a contract dispute over a sales representative agreement between plaintiffs (Florio Entertainment, Inc., et al.) and defendants (Louis Lofredo Associates, Inc. and Louis Lofredo). Plaintiffs alleged breach of contract, fraud, and intellectual property infringement but later withdrew these claims. Defendants counterclaimed for breach of contract and tortious interference against a third party, Durkin Hayes Publishing Ltd. The central issue was the validity of the agreement, as Louis Lofredo Associates, Inc. had been dissolved for 19 years prior to the contract, a fact known to Lofredo but not disclosed. The court granted summary judgment, dismissing all counterclaims and the original complaint, ruling that no valid contract existed due to the defunct corporate status, and rejecting arguments of de facto corporation, corporation by estoppel, or Lofredo's personal capacity to enforce the agreement.

contract disputesales representative agreementbreach of contracttortious interferencesummary judgmentcorporate dissolutionde facto corporationcorporation by estoppelpersonal liabilityNew York law

References

Case No. ADJ6970905

Regular

May 23, 2017

KEVIN CORY WITHROW vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding the applicant sustained a cumulative industrial injury while playing for the St. Louis Rams. The defendant argued the WCAB lacked subject matter jurisdiction, but the Board affirmed jurisdiction, finding the applicant was hired in California by the St. Louis Rams via a telephone acceptance of an offer made while he was in the state. The WCAB returned the case to the trial level for express findings on the defendant's claim for credit under Labor Code section 5005, related to prior settlements with other teams.

Workers' Compensation Appeals BoardCumulative TraumaProfessional Football PlayerSubject Matter JurisdictionContract of HireLabor Code Section 5005Petition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent Disability

References

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Updated Daily

Case Law Database

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

Case No. ADJ6722110

Regular

Oct 11, 2013

SERGIO RODRIGUEZ vs. AIR COASTAL FLEET SERVICES, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ3413739

Regular

Oct 24, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL

References

Case No. ADJ7048560

Regular

Nov 28, 2011

PARVEENA PRASAD vs. SACRAMENTO BEE/McCLATCHY NEWSPAPERS, INC.

References

Case No. MISSING

Regular Panel Decision

Oct 22, 2014

Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.

Trademark InfringementCounterfeitingLanham ActSummary JudgmentExpert TestimonyBrandingMarketingConsumer ConfusionDilutionGoodwill

References

Case No. ADJ3413739 (SAL 0120295)

Regular

Nov 26, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL, ARCHIE MAYS, M.D., RUBY LEYNES, M.D., SCOTT ROSENZWEIG, M.D., EDWARD KOMBERG, D.C.; INNOVATIVE MEDICAL MANAGEMENT and LOUIS HEARD

References

Case No. MISSING

Regular Panel Decision

Jun 03, 1976

In re Louis F.

Foster CareChild WelfareSocial Services LawDisclosureIn Camera InspectionFamily CourtAppellate ReviewBest Interest of the ChildParental RightsAdoption Proceedings

References

Case No. MISSING

Regular Panel Decision

Russin v. Louis N. Picciano & Son

Construction AccidentLabor Law 200Labor Law 240Labor Law 241Prime Contractor LiabilityGeneral Contractor ResponsibilityScaffold AccidentWorkplace SafetyControl of WorkStatutory Agent

References

Case No. MISSING

Regular Panel Decision

Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review

References

Case No. MISSING

Regular Panel Decision

Animazing Entertainment, Inc. v. Louis Lofredo Associates, Inc.

contract disputesales representative agreementbreach of contracttortious interferencesummary judgmentcorporate dissolutionde facto corporationcorporation by estoppelpersonal liabilityNew York law

References

Case No. ADJ6970905

Regular

May 23, 2017

KEVIN CORY WITHROW vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

References

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