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Case Law Database

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

Case No. ADJ1010124 (MON 0336772)
Regular
Jan 23, 2014

ANA MENDOZA vs. LSG SKY CHEFS, INC., LIBERTY MUTUAL

This case involves a petition for reconsideration filed by a lien claimant in Ana Mendoza's workers' compensation claim against LSG Sky Chefs, Inc. and Liberty Mutual. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based solely on the administrative law judge's report, which found the petition was not filed in a timely manner. Therefore, the WCAB adopted this reasoning to dismiss the lien claimant's appeal.

Petition for ReconsiderationDismissedTimelyLien ClaimantWCJ ReportAdministrative Law JudgeWorkers' Compensation Appeals BoardLSG Sky ChefsLiberty MutualAna Mendoza
References
0
Case No. MON 0299702 MON 0313489
Regular
Oct 15, 2007

REINA RIVERA vs. LSG SKY CHEFS, INC, LIBERTY MUTUAL INSURANCE CO.

This case involves a petition for reconsideration filed by the defendant, LSG Sky Chefs, Inc., and Liberty Mutual Insurance Co. The Workers' Compensation Appeals Board has granted the petition to allow for further study of the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationLSG Sky ChefsInc.Liberty Mutual Insurance Co.Case NumberDecision After ReconsiderationReconsideration UnitStatutory Time ConstraintsFactual Issues
References
0
Case No. MON 0299702 MON 0313489
Regular
Oct 15, 2007

REINA RIVERA vs. LSG SKY CHEFS, INC, LIBERTY MUTUAL INSURANCE CO.

In this workers' compensation case, the defendant, LSG Sky Chefs, Inc., filed a petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition, not on the merits, but to allow further study of the factual and legal issues. This means the original decision is effectively on hold pending further review and potential additional proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLSG SKY CHEFSINCLIBERTY MUTUAL INSURANCE CO.MON 0299702MON 0313489Opinion and OrderReconsideration GrantedStatutory Time Constraints
References
0
Case No. MISSING
Regular Panel Decision

Luna v. American Airlines

Plaintiff Monserrate Luna sued American Airlines and LSG Sky Chefs for alleged injuries from a contaminated meal. Defendants impleaded Overhill Farms, Inc., the meal supplier, for indemnification. Following a jury verdict in favor of the defendants in the primary lawsuit, the court addressed the third-party indemnification claims. The court dismissed all common-law indemnification claims and LSG Sky Chefs' contractual indemnification claim. However, American Airlines' contractual indemnification claim against Overhill Farms, Inc. was granted, limited to expenses incurred in defending against Luna's initial lawsuit, and excluding costs for pursuing indemnification from Overhill Farms itself.

IndemnificationContractual IndemnificationCommon-Law IndemnificationThird-Party ClaimsAirline LiabilityProduct LiabilityFood ContaminationAttorney's FeesLitigation ExpensesSubrogation
References
39
Case No. 2021 NY Slip Op 02208 [193 AD3d 1216]
Regular Panel Decision
Apr 08, 2021

Matter of Canela (Sky Chefs, Inc.)

Rolando Canela, a caterer, sustained a work-related back injury in May 2018. He was awarded temporary partial disability benefits, but the employer and its carrier (appellants) challenged the Workers' Compensation Board's finding that he maintained attachment to the labor market. Appellants argued Canela refused a light-duty offer and had an inadequate independent job search. The Board, however, found no specific light-duty offer and deemed his job search, involving about two dozen online applications, sufficiently diligent. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported its determination that Canela did not reject a suitable work offer and demonstrated an attachment to the labor market.

Workers' CompensationLabor Market AttachmentLight-Duty WorkVoluntary WithdrawalSubstantial EvidenceJob SearchDisability BenefitsAppellate ReviewThird DepartmentEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision

Hoa Lam v. Sky Realty, Inc.

Hoa Lam, a day laborer, and his wife sued Triple 8 Construction, Sky Realty, and 652 Lin’s Garden for personal injuries sustained while installing a ventilation system. The plaintiff alleged violations of Labor Law § 200 and common-law negligence after a saw blade came loose. The Supreme Court, Queens County, denied the defendants' motions for summary judgment to dismiss the claims, as well as Sky Realty's motion for contractual indemnification against 652 Lin’s Garden. On appeal, the Appellate Division affirmed the Supreme Court's order, finding that the defendants failed to establish prima facie entitlement to judgment as a matter of law. Triable issues of fact remained regarding the plaintiff's employer, the scope of employment, each defendant's role in the renovation, and Sky Realty's freedom from negligence.

Personal InjurySummary Judgment MotionLabor Law § 200 ViolationCommon-Law NegligenceContractual IndemnificationSafe Place to Work DoctrineAppellate AffirmationTriable Issues of FactConstruction Site AccidentThird-Party Liability
References
14
Case No. 2025 NYSlipOp 01887 [236 AD3d 617]
Regular Panel Decision
Mar 27, 2025

Velez v. LSG 105 W. 28th, LLC

The Appellate Division, First Department, affirmed the Supreme Court's order regarding a Labor Law § 240 (1) claim. The Supreme Court had granted plaintiff Jose Luis Velez summary judgment on liability against LSG 105 West 28th, LLC and Flintlock Construction Services LLC, finding he fell from an elevation without adequate safety devices as instructed by his foreman. Conversely, the Supreme Court denied the defendants' motion to dismiss the claim and their third-party claims for indemnification and contribution against Construction & Realty Safety Group, Inc. (CRSG). The court also granted CRSG's motion to dismiss the third-party complaint, concluding CRSG was not negligent as it lacked supervisory control over the plaintiff's work, thus precluding claims requiring a finding of negligence. The Appellate Division upheld these determinations.

Labor LawSummary JudgmentConstruction AccidentFall from ElevationSafety DevicesRecalcitrant Worker DefenseContractual IndemnificationCommon-Law IndemnificationContributionNegligence
References
5
Case No. 01-15-00152-CV
Regular Panel Decision
Feb 10, 2015

Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments

Donald B. Mullins and Blue Sky Right of Way, L.L.C. (Appellants) contracted with Southern Brush S.W., Inc., and then subcontracted part of the work to Martinez R.O.W., L.L.C. (Appellee). An employee of Martinez, Bonifacio Gomez, was injured on the job and sued Mullins. Mullins filed a cross-claim against Martinez for indemnity and contribution, arguing Martinez agreed to indemnify Blue Sky and Mullins. Martinez, a workers' compensation subscriber, moved for summary judgment under Tex. Labor Code § 417.004, asserting no written agreement for liability assumption existed. The trial court granted Martinez's summary judgment and denied Mullins' subsequent motions to vacate and amend. This appeal concerns whether the district court properly granted summary judgment, given the absence of a pre-accident written agreement where Martinez assumed Mullins' liability.

Workers' CompensationIndemnityContributionSummary JudgmentTexas Labor CodeExpress Negligence RuleThird-Party LiabilityInsurance CertificateGross NegligenceEmployer Protection
References
32
Case No. ADJ360587
Regular
May 15, 2009

SERGIO VALADEZ vs. LSG SKY CHEFS, LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, Spine Care and Orthopedic Physicians, whose lien was initially disallowed for failure to appear at a hearing. The lien claimant petitioned for reconsideration, arguing they provided medical services and had objected to the disallowance notice. The WCJ acknowledged a timely objection was filed despite initial file confusion. The Appeals Board granted reconsideration, rescinded the disallowance order, and returned the matter for a hearing on the merits of the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Disallowing LienNotice of Intent to Disallow LienHearing on the meritsRescindedTrial levelMedical servicesWCJ
References
0
Case No. ADJ476925, ADJ2247284, ADJ3324647, ADJ236582, ADJ2374280, ADJ648207
Regular
Sep 26, 2008

IRMA GUERECA vs. LSG SKY CHEFS, LIBERTY MUTUAL INSURANCE

Reconsideration granted; rescinding WCJ's July 18, 2008 decision; matter returned for further proceedings and new decision. Insufficient evidence to determine if employer provided required MPN notice.

MPNMedical Provider NetworkNotice requirementsLabor Code sections8 Cal. Code RegulationsKnight v. United Parcel Serviceemployer's burden of proofreasonable medical treatmentself-procured treatmenttimeliness of notice
References
1
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