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Case Law Database

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

Case No. ADJ7722509

Regular

Jul 29, 2014

MORENA ARTIGA vs. SAN MATEO COUNTY TRANSIT DISTRICT

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. This action is taken to allow the WCAB further opportunity to thoroughly review the factual and legal issues presented. The purpose of this reconsideration is to ensure a complete understanding of the record for a just and reasoned decision. All future filings related to this case must be submitted in writing to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers' Compensation Appeals BoardReconsideration GrantedSan Mateo County Transit DistrictPetition for ReconsiderationFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemWCABADJ7722509Morena Artiga

References

Case No. MISSING

Regular Panel Decision

Mar 21, 2002

Artiga v. Century Management Co.

The Supreme Court, New York County, initially dismissed plaintiff's claims under Labor Law § 240(1) and § 241(6) and denied plaintiff's cross-motion for partial summary judgment. This order was subsequently modified on appeal to also dismiss plaintiff's ordinary negligence claim under Labor Law § 200. The court reasoned that the plaintiff's work, applying joint compound to a ceiling, constituted routine maintenance rather than significant construction, thus falling outside the scope of Labor Law § 240(1) and § 241(6). Furthermore, the Labor Law § 200 claim was dismissed due to the defendant's lack of direct supervision and control over the plaintiff's work, which was supervised by the owner's superintendent.

Labor LawSummary JudgmentRoutine MaintenanceConstruction WorkSupervisory ControlWorkplace InjuryNegligenceAppellate ReviewNew York Supreme CourtDismissal of Claims

References

Case No. ADJ2528265 (SJO 0239974)

Regular

Aug 12, 2019

MORENA NAVARRO vs. GOODWILL INDUSTRIES OF SANTA CLARA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature because the record lacked evidence regarding her fraud claim. The Board found the applicant's petition to be timely despite an initial finding of defective service by the WCJ, due to discrepancies in service statements. Ultimately, the Board returned the matter to the trial level to allow for a hearing where evidence supporting the fraud allegations can be presented and a record can be established. The applicant may then file a timely reconsideration petition after a new decision is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulationsFraudDefective ServiceTimelinessGood CauseDue ProcessFair Hearing

References

Case No. MISSING

Regular Panel Decision

Dec 09, 1997

Caiola v. Allcity Insurance

The plaintiff, injured in a slip and fall, received workers' compensation benefits from Pasta House. He then sued Venezia DiNotte, Inc. and Ruth Santa Morena for personal injury, obtaining a default judgment. Their insurer, Allcity Insurance Company, disclaimed coverage, arguing Venezia was also the plaintiff's employer. The plaintiff subsequently sued Allcity for wrongful disclaimer, but the Supreme Court denied his motion for summary judgment and Allcity's cross-motion to consolidate actions and vacate the default. The appellate court affirmed, ruling that the Workers' Compensation Board's prior employer determination was not conclusive against Allcity, as the insurer lacked a full opportunity to litigate the issue, and triable facts remained concerning the true employer. The court also rejected Allcity's fraud claim regarding the default judgment.

Breach of insurance contractWorkers' compensationCollateral estoppelSummary judgmentDefault judgmentConsolidation of actionsVacatur of judgmentEmployer identity disputeDisclaimer of coverageAppellate review

References

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MORENA ARTIGA vs. SAN MATEO COUNTY TRANSIT DISTRICT

Artiga v. Century Management Co.

Labor LawSummary JudgmentRoutine MaintenanceConstruction WorkSupervisory ControlWorkplace InjuryNegligenceAppellate ReviewNew York Supreme CourtDismissal of Claims

MORENA NAVARRO vs. GOODWILL INDUSTRIES OF SANTA CLARA, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulationsFraudDefective ServiceTimelinessGood CauseDue ProcessFair Hearing

Caiola v. Allcity Insurance