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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Deland v. Hutchings Psychiatric Center

A claimant appealed a Workers' Compensation Board decision awarding benefits for injuries sustained while driving home after working unusually long hours, leading to her falling asleep at the wheel due to exhaustion. The Board found a nexus between her employment and the accident. The appellate court acknowledged the existence of a substantial nexus but identified a prior Board decision with similar facts that reached a contrary result. Consequently, the matter was remitted to the Workers’ Compensation Board for an explanation of the deviation from its prior precedent.

Accidental InjuryCourse of EmploymentComing and Going RuleSpecial Hazard ExceptionEmployee ExhaustionOvertime WorkRemand for ExplanationAppellate ReviewEmployment NexusDeviation from Precedent
References
11
Case No. MISSING
Regular Panel Decision
Jun 18, 2009

Claim of Cuthbert v. Panorama Windows Ltd.

Claimant, a purchasing clerk, sought workers' compensation benefits after being assaulted by a coworker. A Workers’ Compensation Law Judge initially awarded benefits, finding the assault originated from work-related differences. The Workers’ Compensation Board affirmed this decision, concluding there was a sufficient nexus between the employment relationship and the assault, despite a history of personal animosity and racial slurs between the individuals. The Board relied on the plant manager's credible testimony, which indicated the claimant's workplace attitude created tension. The appellate court subsequently affirmed the Board's decision, finding no error in their determination of a work-related nexus for the assault.

AssaultWorkplace InjuryWorkers' CompensationEmployment NexusCoworker DisputeRacial DiscriminationBoard AffirmationAppellate ReviewCredibilityPlant Manager Testimony
References
6
Case No. MISSING
Regular Panel Decision

Privatera v. Yellow Cab Co.

A 75-year-old clerk for Yellow Cab Company was assaulted by a co-employee, Cross, after an incident where the clerk referred two women looking for drivers to other idle employees. Cross wrongly believed the clerk had used inappropriate language, leading to a physical altercation that injured the clerk's hip. The Workers' Compensation Board affirmed an award, determining the initial interaction was work-related, establishing a nexus between the employment and the assault. The employer appealed, arguing it was a personal dispute. The court upheld the Board's finding, stating that substantial evidence supported the work-related nexus, making the injury compensable.

Workers' CompensationWorkplace AssaultCourse of EmploymentPersonal AnimosityWork-Related InjurySubstantial EvidenceCompensabilityNexus to EmploymentCo-employee DisputeHip Injury
References
5
Case No. MISSING
Regular Panel Decision

Claim of Young v. New York State Police

Claimant, a State Trooper, was injured in a motor vehicle accident while driving to work in Westchester County. The Workers’ Compensation Board ruled that her injury arose out of and in the course of her employment, given she was on call 24 hours a day and within her assigned geographical area, and awarded benefits. The employer and its insurance carrier appealed this decision. The appellate court reversed the Board's decision, emphasizing that accidents during commuting typically do not arise out of employment unless there is a sufficient causal nexus established by employer control. The court found insufficient evidence of the employer's control over the claimant's activities at the time of the accident to establish this nexus, distinguishing the case from precedents where such control was present. Consequently, the claim for workers' compensation benefits was dismissed.

Commuting AccidentCourse of EmploymentArising Out Of EmploymentEmployer ControlState TrooperMotor Vehicle AccidentWorkers' Compensation BenefitsCausal NexusAppellate ReviewClaim Dismissed
References
8
Case No. 2020 NY Slip Op 07968 [189 AD3d 1946]
Regular Panel Decision
Dec 24, 2020

Matter of Love v. Village of Pleasantville

Claimant, Richard Love, Chief of Police for the Village of Pleasantville, sought workers' compensation benefits for injuries from a motor vehicle accident. The employer and carrier initially waived defenses by failing to timely serve a prehearing conference statement, a determination upheld in a prior appeal. Although a Workers' Compensation Law Judge and the Board found a causal relationship, the Appellate Division, Third Department, reversed this decision. The court ruled that despite the waiver of defenses, the claimant still bore the burden of proving a causal nexus between his employment and the accident. Finding that Love failed to demonstrate this nexus, as the accident occurred during a personal weekend trip, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationMotor Vehicle AccidentWaiver of DefensesCausal NexusCourse of EmploymentArising Out Of EmploymentPolice OfficerChief of PoliceAppellate ReviewSubstantial Evidence
References
20
Case No. MISSING
Regular Panel Decision

Mintiks v. Metropolitan Opera Ass'n

The dissenting opinion argues against remitting the case to the Workers’ Compensation Board, contending that the Board's factual findings regarding a decedent's murder by a co-employee in the course of employment should be conclusive if supported by substantial evidence. The dissent emphasizes the statutory presumption of compensability for unwitnessed or unexplained deaths arising out of employment, as per Workers’ Compensation Law § 21 (1), (3). It states that the Board has the exclusive right to evaluate and reject evidence, and the burden to rebut the presumption lies with the party seeking to overcome it. Furthermore, the dissent asserts that in co-employee assault cases, "any nexus, however slender, between the motivation for the assault and the employment" is sufficient, and here, the co-employee relationship itself provides that nexus, especially in the absence of evidence of personal animosity.

Workers' Compensation LawDeath Benefits ClaimStatutory Presumption of CompensabilityCourse of EmploymentCo-employee AssaultUnwitnessed DeathSubstantial Evidence ReviewBoard's Factual DeterminationsNexus to EmploymentLack of Personal Animosity
References
4
Case No. 11 Civ. 804
Regular Panel Decision

China Media Express Holdings, Inc. ex rel. Barth v. Nexus Executive Risks, Ltd.

Plaintiff China MediaExpress Holdings, Inc., through its receiver, sued its insurers, American Home Assurance Company, China Pacific Insurance Co., and China Ping An Insurance (Hong Kong) Company Ltd., for breach of contract due to their refusal to defend and indemnify CME in underlying securities litigation. The defendant insurers moved to dismiss the complaint and compel arbitration in Hong Kong, citing arbitration clauses in their respective policies. The District Court granted the defendants' motions, finding the arbitration clauses to be broad and enforceable under the Federal Arbitration Act and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court determined that all of CME's claims were subject to arbitration and, in accordance with Second Circuit precedent, stayed the proceedings pending arbitration in Hong Kong.

ArbitrationInternational ArbitrationFederal Arbitration ActConvention on the Recognition and Enforcement of Foreign Arbitral AwardsBreach of ContractInsurance Coverage DisputeSecurities LitigationStay of ProceedingsMotion to Compel ArbitrationReceiver
References
34
Case No. ADJ8750063, ADJ8610968
Regular
Sep 04, 2018

SAYDIEL OCANA vs. SELAH GOURMET FOOD, dba COUNTRY HOUSE, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, overturning a prior WCJ decision. The Board ruled that defendant is allowed to forward vocational rehabilitation expert reports to the Qualified Medical Evaluators (QMEs). This decision acknowledges the nexus between medical and vocational evidence and allows QMEs to consider this information when determining permanent disability ratings. The case was returned to the trial level for further proceedings.

Petition for RemovalVocational Rehabilitation ReportsQualified Medical Evaluator (QME)Labor Code Section 4062.3Title 8 California Code of Regulations Section 35Joint Findings and OrderIndustrial InjuryPermanent Disability RatingDiscovery OrderNexus
References
8
Case No. ADJ8499483
Regular
Jun 23, 2014

ANSELMO LEAL TORRES vs. CARDENAS MARKET

Applicant Anselmo Leal Torres sought reconsideration of a prior order denying his workers' compensation claim. The Workers' Compensation Appeals Board denied reconsideration, affirming the judge's finding that Torres did not sustain an industrial injury. The Board found the applicant failed to meet his burden of proof and waived the argument regarding the presumption of compensability by not raising it earlier. Medical evidence did not support a nexus between the claimed injuries and employment.

AOE/COELabor Code section 5402presumption of compensabilityWCJ findingscredibility assessmentpreponderance of the evidenceindustrial injurynexuswaiver of issuesPetition for Reconsideration
References
13
Case No. MISSING
Regular Panel Decision
Mar 30, 2000

Claim of Davenport v. New York State Senate

The claimant was injured in a fall after exiting her employer's building and stepping into a pothole in the street while attempting to enter a car. The Workers’ Compensation Board denied her claim for benefits, ruling that the injury did not arise out of and in the course of her employment. The Appellate Division affirmed this decision, disagreeing with the claimant's contention that the Board erred. The Court found no evidence that the injury occurred along a normal route to be traveled or in an area under the employer's control, concluding that a causal relationship or nexus between the accident and employment was absent.

Workplace InjuryOff-Premises AccidentGoing and Coming RuleProximate CauseStreet RiskEmployer ControlWorkers' Compensation BenefitsScope of EmploymentCausal RelationshipPublic Street
References
9
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