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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

Ribis v. Mike Barnard Chevrolet-Cadillac, Inc.

Plaintiff Crystal Ribis sued her former employer, Mike Barnard Chevrolet-Cadillac, Inc., alleging sexual harassment, hostile work environment, and constructive discharge under Title VII of the Civil Rights Act and New York State Human Rights Law. She claimed pervasive sexual comments, jokes, pornography, and unwelcome physical contact from coworkers and supervisors, which she reported but alleges was not effectively addressed. The court considered cross-motions for summary judgment, dismissing Ribis's claims for intentional infliction of emotional distress (time-barred) and negligent supervision (barred by Workers' Compensation Law exclusivity). The Title VII retaliation claim was also dismissed for failure to exhaust administrative remedies and improper pleading. However, the court denied summary judgment on Ribis's hostile work environment and constructive discharge claims, finding genuine issues of material fact and credibility disputes that warrant a trial.

Sexual HarassmentHostile Work EnvironmentConstructive DischargeTitle VIISummary Judgment MotionEmployment DiscriminationExhaustion of Administrative RemediesRetaliation Claim DismissalIntentional Infliction of Emotional DistressNegligent Supervision
References
79
Case No. MISSING
Regular Panel Decision

Tower Insurance v. Mike's Pipe Yard & Building Supply Corp.

An insurer (Plaintiff) filed a motion for summary judgment to disclaim coverage for an underlying personal injury action, citing the insured's (Mike’s Pipe Yard and Building Supply) failure to provide timely notice of an occurrence as stipulated in the liability insurance policy. The insured had initially informed its broker about the incident, assuming the broker acted as the insurer's agent; however, no such principal-agent relationship existed. The trial court initially denied the plaintiff's motion, but the appellate court unanimously reversed this decision, granting the plaintiff's motion and declaring that the plaintiff had no duty to defend or indemnify in the underlying action due to the untimely notification.

Insurance Coverage DisputeTimely Notice ProvisionDisclaimer of CoverageSummary JudgmentAppellate ReviewInsurance Broker AgencyDuty to DefendDuty to IndemnifyPersonal Injury Action
References
1
Case No. ADJ7998608
Regular
Apr 27, 2018

BEATRIZ MORENO vs. RTJ HOME SWEET HOME, INC., a California Corporation, ROSALINDA GALO, TORINO JAVIER, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied a Petition for Removal seeking disqualification of the judge, clarifying that prior trial testimony can be used for impeachment in a new trial. The Board also rescinded the WCJ's order prohibiting such references. Defense counsel Mike Pincher was sanctioned $800 for abusive language towards the WCJ, as his conduct in pleadings and objections was deemed disrespectful and unprofessional. The Board found Pincher's objections lacked merit and compounded his misconduct by making further disrespectful accusations against the WCJ.

RemovalSanctionsAbusive LanguagePre-Trial Conference StatementImpeachment PurposesWCJPetition for RemovalReconsiderationDisqualificationLabor Code section 5813
References
4
Case No. MISSING
Regular Panel Decision

Koumianos v. State

Claimant Mike P. Koumianos, an employee of a painting contractor, was injured while rigging scaffolding cables under a bridge in Albany when a 'come along' device struck his head. He was not wearing a hard hat provided by his employer. Koumianos sought to impose absolute liability against the State, as owner, under Labor Law § 240 (1). The Court of Claims granted partial summary judgment on liability, determining the come along was covered by the statute and the failure to ensure hard hat use was a proximate cause. The Appellate Division, Third Department, affirmed this decision, rejecting the State's arguments that the device was not covered and that the availability of safety equipment absolved them of liability, as there was no evidence Koumianos refused to use a hard hat.

Workers' CompensationLabor LawScaffoldingAbsolute LiabilitySummary JudgmentAppellate ReviewSafety DevicesHard HatsConstruction AccidentProximate Cause
References
19
Case No. MISSING
Regular Panel Decision

United States Ex Rel. Mikes v. Straus

Plaintiff Patricia S. Mikes, on behalf of the United States and herself, initiated an action against her former employers under the False Claims Act (FCA) for alleged improper medical billing and retaliatory discharge, and under New York Labor Law § 191 for unpaid wages. The court previously denied defendants' motion to dismiss but compelled arbitration for the retaliatory discharge and § 191 claims. Plaintiff now seeks reconsideration of the order compelling arbitration specifically for her retaliatory discharge claim under 31 U.S.C. § 3730(h). The court denies the motion for reconsideration, stating that even if New York arbitration law, rather than the Federal Arbitration Act (FAA), governs the arbitrability of the claim, New York law does not prohibit the arbitration of this federal statutory claim, and public policy exceptions to arbitration should be narrowly interpreted.

False Claims ActRetaliatory DischargeArbitration AgreementFederal Arbitration ActNew York Arbitration LawMotion for ReconsiderationPublic Policy ExceptionEmployment ContractStatutory ClaimsInterstate Commerce
References
22
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
1
Case No. MISSING
Regular Panel Decision

Hart v. Sullivan

Plaintiff June Hart appealed an order denying a motion to dismiss her complaint against P & C Food Markets, Inc., and two managerial employees, Kenneth Sullivan and Mike Buker. Hart alleged intentional infliction of emotional distress due to sexual advances by Sullivan and Buker, and sex discrimination by the corporate defendant under Executive Law § 296. She also included a derivative claim for her husband. The court modified the order, dismissing the intentional tort claim against the employer due to the Workers' Compensation Law's exclusivity provision, as no willful act by the employer was alleged. The husband's derivative claim was also barred. Furthermore, the sex discrimination claim against the employer was dismissed because respondeat superior does not apply in such cases without allegations of the employer's knowledge or acquiescence.

Sexual HarassmentEmployment DiscriminationIntentional Infliction of Emotional DistressWorkers' Compensation ExclusivityRespondeat SuperiorDerivative ClaimsMotion to DismissManagerial LiabilityCivil Rights ViolationsExecutive Law
References
3
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final sanctions order.

Labor Code Section 4907Professional Lien ServicesInc.Mike TrawWCABSanctions OrderBad FaithFrivolous ConductSuspension of PrivilegesAppealing
References
4
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removes the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for failing to pay court-ordered sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesInc.Mike TrawOrder for Costs and SanctionsBad Faith ConductFrivolous PursuitWillful DisobedienceWCAB En Banc
References
4
Case No. ADJ928027
Significant
Aug 27, 2015

David Trinh vs. TZENG LONG USA, INC.; BERKSHIRE HATHAWAY

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to pay court-ordered sanctions, attorney's fees, and costs.

Labor Code Section 4907Labor Code Section 5310Order for Costs and SanctionsProfessional Lien ServicesInc.Mike TrawAppeals Board En BancSuspension of PrivilegesWillful DisobedienceFailure to Pay Sanctions
References
4
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