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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
Sep 25, 1998

Moses v. Pinazo

Isidore Moses, a laboratory clerk at New York Community Hospital, sustained personal injuries after slipping on glue during a re-tiling project in the Intensive Care Unit, where Fernando Pinazo, through a subcontractor, was performing work. Moses, despite observing the glue, attempted to navigate around it and subsequently fell. The Supreme Court granted summary judgment dismissing his complaint, a decision which was upheld on appeal. The appellate court determined that Moses did not fall within the protected class of workers under Labor Law § 241 (6) for construction-related hazards, as his role was not connected to the construction work. Furthermore, the court found that the glue constituted an integral part of the re-tiling process, not a covered obstruction under Industrial Code 12 NYCRR 23-1.7 (e). The defendant Pinazo was also found to have no common-law duty to warn, as the hazard was readily observable by Moses, who acknowledged seeing the glue prior to his accident.

Personal InjurySummary JudgmentLabor LawPremises LiabilityDuty to WarnReadily Observable HazardConstruction AccidentAppellate ReviewIndustrial CodeWorker Classification
References
4
Case No. 2019 NY Slip Op 05972
Regular Panel Decision
Jul 31, 2019

Luna v. 4300 Crescent, LLC

Hector Luna, the injured plaintiff, appealed a judgment from the Supreme Court, Kings County, which dismissed his Labor Law § 240 (1) claim. Luna was injured while moving a mortar buggy down a ramp during construction. A jury found the defendants not liable, and Luna's subsequent motion to set aside the verdict was denied. The Appellate Division, Second Department, affirmed the judgment, determining that a rational jury could conclude Luna's own actions were the sole proximate cause of his injuries. The court also found the verdict was not contrary to the weight of the evidence.

Personal InjuryLabor LawConstruction AccidentJury VerdictAppellate ReviewSufficiency of EvidenceWeight of EvidenceProximate CauseSole Proximate CauseMortar Buggy
References
13
Case No. CA 12-01064
Regular Panel Decision
Dec 28, 2012

LUNA, JOSEPH v. ZOOLOGICAL SOCIETY OF BUFFALO, INC.

Plaintiff Joseph Luna, a carpenter, commenced this action seeking damages for injuries sustained from a fall during a construction project for the defendant, Zoological Society of Buffalo, Inc. The Supreme Court granted Luna's motion for partial summary judgment on liability under Labor Law § 240 (1). On appeal, the Appellate Division, Fourth Judicial Department, unanimously affirmed the Supreme Court's order. The court found that Luna met his burden by showing injury from a fall from an elevated surface due to the defendant's failure to provide sufficient safety devices. The defendant's argument that Luna's own conduct was the sole proximate cause was rejected, as the nondelegable duty under Labor Law § 240 (1) requires more than just providing instructions or making devices available.

Construction AccidentElevated Work SurfaceLabor Law § 240(1)Worker SafetyLiabilitySummary JudgmentAppellate ReviewFall InjuriesNondelegable DutyRecalcitrant Worker Defense
References
6
Case No. ADJ10337382
Regular
Aug 28, 2019

JUAN LUNA vs. NISSAN OF MISSION HILLS, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Luna's petition for reconsideration as untimely. The WCAB treated Luna's handwritten filing as a petition for reconsideration of a May 28, 2019 decision. Under California law, a petition for reconsideration must be filed within 25 days of service by mail, with extensions for weekends and holidays. Luna's petition, filed on July 3, 2019, exceeded the June 24, 2019 deadline, making it jurisdictionally deficient.

Petition for ReconsiderationUntimely PetitionJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ ReportFindings and OrderLabor CodeCalifornia Code of RegulationsProof of MailingApplicant in Pro Per
References
4
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. ADJ9225006
Regular
Jul 10, 2015

JUAN LUNA CASTRO (Deceased), MARINA AYALA DE LUNA (Widow) vs. REDWOODS HOMEOWNERS ASSOCIATIONS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns the death of Juan Luna Castro, a groundskeeper, in a motor vehicle accident during his scheduled work hours. The defendant employer sought reconsideration of the WCJ's finding that the death arose out of and in the course of employment (AOE/COE). The Board denied reconsideration, upholding the finding that Castro was on a business errand to purchase supplies for a company-sponsored BBQ, a task he had performed in previous years. The Board found his actions to be reasonable and impliedly permitted by his employment, thus satisfying the AOE/COE standard despite a prior reprimand for other work-related issues.

AOE/COEPetition for ReconsiderationGroundskeeperfatal motor vehicle accidentburden of proofindustrial injurycourse of employmentarising out of employmentcompany sponsored BBQobtaining supplies
References
7
Case No. MISSING
Regular Panel Decision

R.M. Perlman, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union Local 89-22-1

The case concerns plaintiffs R.M. Perlman Inc. and Rebecca Moses, who initiated an action under the NLRA against two labor unions, Local 89-22-1 and International Ladies’ Garment Workers’ Union. Plaintiffs sought damages alleging unfair labor practices related to the unions' picketing and a proposed "Hazantown Agreement." The central legal question involved whether four specific clauses within the agreement were protected by the garment industry proviso to NLRA § 8(e), thus making the unions' actions lawful. The court meticulously examined each contested clause—the Continuing Obligations, Trimmings, Struck Work, and Trucking Clauses—interpreting them within the context of the Hazantown Agreement and relevant legal precedents. Ultimately, the court determined that all challenged clauses fell within the protection of the garment industry proviso, concluding that the unions' picketing was not unlawful. Consequently, the plaintiffs' motion for summary judgment was denied, and the defendants' cross-motion for summary judgment was granted, dismissing the plaintiffs' complaint.

National Labor Relations ActGarment Industry ProvisoUnfair Labor PracticesSummary JudgmentLabor UnionsHot Cargo AgreementsHazantown AgreementSecondary PicketingIntegrated Process of ProductionJobbers
References
19
Case No. MISSING
Regular Panel Decision

R.M. Perlman Inc. v. New York Coat, Suit, Dresses, Rainwear & Allied Workers' Union Local 89-22-1

This case involves R.M. Perlman, d/b/a Rebecca Moses Collection (RMC), a garment industry employer, suing two labor unions, Local 89-22-1 and the International Ladies Garment Workers’ Union. The suit stemmed from picketing aimed at compelling RMC to enter into a Hazantown Agreement, which RMC alleged involved violence and caused substantial losses. The amended complaint included federal claims under the National Labor Relations Act and state law claims such as prima facie tort, intentional interference with contractual relations, and defamation. The defendants moved to dismiss the state law claims, arguing federal preemption and RMC's failure to meet New York's specific pleading requirements for actions against unincorporated associations. The court found the state law claims were not preempted due to allegations of violent picketing, aligning with exceptions to federal preemption. However, the court ultimately granted the dismissal of the state law claims (counts two through seven) because RMC failed to allege that every single union member authorized or ratified the violent acts, as required by the New York Court of Appeals decision in Martin v. Curran. Additionally, the individual defendants Byer and Mazur were dismissed because the remaining federal claim under the Labor-Management Relations Act does not allow for individual liability. A motion to dismiss Rebecca Moses as a plaintiff was denied, pending further evidence on her standing. Plaintiffs were granted thirty days to replead the dismissed state law claims.

Labor LawFederal PreemptionState Law ClaimsUnincorporated AssociationsUnion LiabilityViolent PicketingHazantown AgreementMotion to DismissNational Labor Relations ActLabor Management Relations Act
References
31
Case No. ADJ8261287
Regular
Sep 17, 2014

IGNACIO VIDRIOS LUNA vs. WAWONA PACKING, ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Ignacio Vidrios Luna's petition for reconsideration as untimely. The petition was filed more than 20 days after the administrative law judge's decision, exceeding the jurisdictional time limit. Since the decision was personally served, there was no mailing extension. Even if timely, the WCAB would have denied the petition on its merits. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimelyLabor Code section 5903JurisdictionalPersonally ServedOrder Approving Compromise and ReleaseAttorney's FeesWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ Report
References
7
Case No. ADJ9052223
Regular
Aug 05, 2016

Joel Rodriguez Luna vs. The Home Depot, Helmsman Management

Here's a summary of the case for a lawyer in a maximum of four sentences: The Workers' Compensation Appeals Board denied Joel Rodriguez Luna's Petition for Removal, affirming the WCJ's finding that Home Depot's Medical Provider Network (MPN) complied with access standards. The WCJ determined that for a specialist, like an orthopedist, the MPN only needed to meet the 30-mile/60-minute access standard, not the stricter 15-mile/30-minute standard for a general primary treating physician. The Board agreed, concluding that since there was at least one orthopedic surgeon within the 30-mile radius, the MPN satisfied its obligations, despite the applicant's preference for a specialist within a closer distance. The dissenting opinion argued the MPN failed by not having at least three specialists readily available to serve as primary treating physicians for the applicant's specific orthopedic injuries.

Workers' Compensation Appeals BoardPetition for RemovalMedical Provider Network (MPN)Access StandardsPrimary Treating PhysicianSpecialistGeographic AreaAdministrative Director's RuleLabor CodeIndustrial Injury
References
3
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