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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

Brown v. National Football League

Orlando Brown, a former NFL player, and his wife Mira Brown, sued the National Football League (NFL) for personal injuries. Brown's career ended after an NFL referee negligently threw a weighted penalty flag, striking him in the eye. The case was removed from New York state court to federal court. The NFL moved to dismiss and compel arbitration, arguing the claims were preempted by Section 301 of the LMRA and related to a Collective Bargaining Agreement (CBA). Plaintiffs cross-moved to remand, asserting their claims were independent state law torts. The Court denied the NFL's motion, finding the duties alleged were general state law duties, not solely derived from the CBA. The Court granted Plaintiffs' motion to remand the case to state court.

Personal InjuryNegligenceFederal PreemptionLabor Management Relations Act (LMRA)Collective Bargaining Agreement (CBA)ArbitrationRemand to State CourtDuty of CareVicarious LiabilityAssumption of Risk
References
31
Case No. ADJ10232171
Regular
Apr 10, 2017

HERMAN O'BERRY vs. WORLD LEAGUE OF AMERICAN FOOTBALL aka NATIONAL FOOTBALL LEAGUE EUROPE (NFL EUROPE), ST. LOUIS RAMS, FAIRMONT PREMIER INSURANCE COMPANY (TIG)

This case concerns a workers' compensation claim for cumulative injury filed by a former professional football player against his former employers and their insurer. The primary issue was the statute of limitations, specifically the date of injury under Labor Code Section 5412, which is when the employee first suffered disability and knew or should have known it was work-related. The Board granted reconsideration to clarify this date, finding that the applicant's filing of his claim application on December 17, 2015, was the earliest documented evidence of his knowledge of the connection between his employment and his cumulative injury, establishing this as the date of injury. The employer's exemption from providing notice under Section 3600.5(e) did not alter this determination regarding the applicant's actual knowledge.

Workers' Compensation Appeals BoardNFL EuropeSt. Louis RamsLabor Code section 5405Labor Code section 5412cumulative injurydate of injurystatute of limitationspetition for reconsiderationApplication for Adjudication of Claim
References
16
Case No. MISSING
Regular Panel Decision

Matter of TCR Sports Broadcasting Holding, LLP v. WN Partner, LLC

This dissenting opinion addresses an arbitration dispute over telecast rights fees between the Baltimore Orioles/MASN and the Washington Nationals, administered by Major League Baseball (MLB). MASN and the Orioles sought to vacate the arbitration award, alleging evident partiality due to conflicts of interest involving the Nationals' law firm, an MLB loan to the Nationals, and MLB's significant influence. While the Supreme Court vacated the award, it remanded the matter to the same arbitral forum (RSDC). The dissent argues that MLB's pervasive bias, financial stake, and the Commissioner's public statements prevent a fundamentally fair rehearing by the RSDC, necessitating referral to a neutral forum like the American Arbitration Association to preserve arbitration integrity.

ArbitrationEvident PartialityContract ReformationJudicial Review of ArbitrationSports LawBaseball IndustryConflict of InterestArbitrator BiasArbitral Forum SelectionDissenting Opinion
References
23
Case No. ADJ8517777
Regular
Oct 07, 2019

DOUGLAS ARONSON vs. WORLD LEAGUE OF AMERICAN FOOTBALL, LIBERTY MUTUAL INSURANCE, STATE COMPENSATION INSURANCE FUND, PHILADELPHIA EGLES, FAIRMONT PREMIER INSURANCE COMPANY

In *Aronson v. World League of American Football*, the Workers' Compensation Appeals Board denied a petition for reconsideration, upholding an arbitrator's finding. The core issue was whether the State Compensation Insurance Fund's (SCIF) policy covered all employees of the League injured within California's jurisdiction, or only those affiliated with the Sacramento Surge. The Board affirmed that standard workers' compensation policies cover all employees unless explicitly limited, and any ambiguity is resolved in favor of the insured. Therefore, SCIF's policy was interpreted to provide coverage for all League employees injured in California during the relevant period.

Workers' Compensation Appeals BoardPetition for ReconsiderationInsurance Policy InterpretationSCIF PolicyCalifornia JurisdictionAmbiguity Resolved Against InsurerGreatest CoverageArbitrator's DecisionFindings and AwardState Compensation Insurance Fund
References
0
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
13
Case No. 0976 2335
Regular Panel Decision
Jan 05, 2011

Claim of Runge v. National League of Baseball

The claimant sustained knee injuries in March 1997. The workers' compensation carrier continued to pay medical expenses until 2002, despite the claim being closed in April 1998. In 2004, the claimant sought to reopen the claim, but a Workers' Compensation Law Judge and the Board found it time-barred under Workers’ Compensation Law § 123. The Appellate Division modified the decision, ruling that the carrier's voluntary payments for causally related medical treatments during the relevant period precluded the application of Workers’ Compensation Law § 123. The case was remitted to the Workers’ Compensation Board for further proceedings.

Time-barred claimsReopened claimsMedical expense reimbursementVoluntary paymentsStatutory barAppellate decisionRemittedKnee injuryWorkers’ Compensation Law § 123Continuing jurisdiction
References
7
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. MISSING
Regular Panel Decision
Jul 22, 2005

National Football League v. Vigilant Insurance

This appeal addresses whether a former college football player's antitrust lawsuit against the NFL, regarding its draft eligibility rule, falls under the employment practices exclusion of an insurance policy issued by Vigilant. The court determined that the exclusion was open to a reasonable interpretation that would make it inapplicable to the antitrust claim. As a result, the trial court's dismissal of the complaint was reversed. The court emphasized that the exclusion, primarily focused on employment law claims and workplace torts, did not clearly and unambiguously extend to the NFL's liability when not acting as an employer in an antitrust context. Consequently, any ambiguity in the policy's scope was resolved in favor of the insured, the NFL.

Insurance Coverage LitigationEmployment Practices ExclusionAntitrust Law ChallengeNFL Draft RulesPolicy AmbiguityContract InterpretationDeclaratory ReliefWrongful Deprivation of Career OpportunityStatutory ConstructionEjusdem Generis Principle
References
8
Case No. 2021 NY Slip Op 02981
Regular Panel Decision
May 11, 2021

Cruz v. National Convention Servs., LLC

Plaintiff David Cruz appealed a Supreme Court order that granted summary judgment to defendant National Convention Services, LLC, dismissing his complaint for injuries sustained at the Jacob K. Javits Convention Center in 2015. Cruz, an employee of NYCCOC, alleged negligence by Vincent Torres and Anthony Scura, general employees of NYCCOC, claiming they were special employees of National, thereby making National liable. The Supreme Court ruled his claims were barred by the Workers' Compensation Law's exclusive remedy doctrine, finding Torres and Scura were not National's special employees. The Appellate Division affirmed this decision, concluding that National did not supervise or direct the carpenters' work, and NYCCOC remained responsible for their wages, assignments, and on-site supervision. Therefore, the court found, as a matter of law, that Torres and Scura were not special employees of National Convention Services, LLC.

Summary judgmentWorkers' Compensation LawExclusive remedy doctrineSpecial employee doctrineAppellate reviewPersonal injuryNegligenceJavits CenterEmployer liabilityVicarious liability
References
6
Case No. MISSING
Regular Panel Decision

National Foods, Inc. v. Rubin

Plaintiff National Foods, Inc. ("Hebrew National") filed a civil rights action against Rabbi Rubin, Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, under 42 U.S.C. § 1983 and the Fourteenth Amendment. Hebrew National alleged abuse of state investigatory powers, claiming violations of the due process, establishment, free speech, and commerce clauses, seeking damages and injunctive relief. The complaint detailed events including a 1985 inspection, a subsequent altered report, a 1987 fine, public statements by Rubin, and a 1989 subpoena related to Hebrew National's Indianapolis plant. Defendant Rubin moved to dismiss the amended complaint for failure to state a claim, arguing that the allegations amounted to a state tort defamation claim. The court granted Rubin's motion, finding that Hebrew National failed to allege actionable constitutional deprivations under the "reputation-plus" standard for due process claims, presented no facts suggesting a theological dispute for the establishment clause claim, offered conclusory allegations for the free speech claim, and did not demonstrate a substantial burden on interstate commerce for the commerce clause claim.

Civil Rights Action42 U.S.C. § 1983Due Process ClauseFourteenth AmendmentCommerce ClauseEstablishment ClauseFree Speech ClauseMotion to DismissConstitutional LawState Official Liability
References
16
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