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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

Bette & Cring, LLC v. Brandle Meadows, LLC

Petitioner, a construction manager, sought to compel respondent to provide a verified statement regarding trust funds for a construction project under Lien Law article 3-A, claiming the initial statement was deficient. The Supreme Court dismissed the petition, citing referral of the main contractual dispute to arbitration. On appeal, the court ruled that the arbitration did not negate the respondent's obligation to provide a compliant verified statement. The court found respondent's provided statement insufficient across multiple categories required by Lien Law § 75 (3). Consequently, the appeal court reversed the Supreme Court's order, denied respondent's motion to dismiss the appeal, granted the petition, and directed the respondent to furnish a compliant verified statement.

Lien LawVerified StatementConstruction ManagerTrust FundsArbitrationAppellate ReviewStatutory TrustReal Property ImprovementTrust BeneficiaryCompliance Deficiency
References
12
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
2
Case No. ADJ494384 (LAO 0840063)
Regular
Mar 29, 2012

PEDRO MARCELINO vs. CARL'S JR.; TRAVELERS INSURANCE COMPANY

This case concerns lien claimant Rite Away Transportation's petition for reconsideration. The administrative law judge disallowed their lien because they failed to produce exhibits by the court-ordered deadline and did not properly verify their petition. The Appeals Board dismissed the petition for reconsideration, noting the lien claimant's failure to verify despite explicit notice from the judge. Even if verified, the petition would have been denied on the merits due to the untimeliness of evidence submission.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrdersIndustrial InjuryDue ProcessLabor Code section 5902VerificationDismissedWCJ
References
1
Case No. ADJ738549 (VNO 0522332)
Regular
Dec 17, 2012

JOSE RAMIREZ vs. PEDRO ALARCON, dba ALARCON IMPORTS \u0026 EXPORTS, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Ramirez's petition for reconsideration because it was not verified as required by Labor Code section 5902. Had the petition been verified, the WCAB would have denied it on the merits based on the administrative law judge's report, which found the applicant's credibility to be highly persuasive. Furthermore, the WCAB ordered the uninsured employer, Pedro Alarcon, to provide a verified statement of employee numbers as per Labor Code sections 3722(d) and (e) to determine applicable penalties. The WCAB also noted the employer had not secured workers' compensation insurance.

Petition for ReconsiderationVerified StatementLabor Code section 5902Uninsured EmployerWorkers' Compensation Appeals BoardReport and RecommendationWCJCredibilityLabor Code section 3722(d)Labor Code section 3722(e)
References
3
Case No. MISSING
Regular Panel Decision

New Rochelle Contracting Corp. v. American Steel Erectors, Inc.

American Steel Erectors, Inc. appealed an order from the Supreme Court of Westchester County, which denied their motion to compel petitioners to comply with a demand for a verified statement under Lien Law § 76 (5). The underlying proceeding was initiated by the petitioners to discharge a public improvement mechanics' lien. American Steel sought a temporary stay of the proceeding, arguing the petitioners failed to provide the verified statement. The Supreme Court properly declined the stay, as a lienor can pursue both trust fund remedies and ordinary lien enforcement. The appellate court affirmed the order, stating that American Steel's proper remedy is to commence a separate proceeding to compel the verified statement.

mechanics' lienpublic improvementverified statementLien Lawappealstay of proceedingtrust fund remediesappellate reviewWestchester County
References
6
Case No. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
2
Case No. ADJ7148345
Regular
Mar 04, 2011

MICHAEL KELLEY vs. GREEN WASTE CONNECTIONS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Kelley's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if it had been verified, the petition would have been denied on its merits based on the administrative law judge's report. Therefore, the petition is formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial on the MeritsADJ7148345Green Waste Connections
References
2
Case No. ADJ8597986 ADJ8734785
Regular
Jun 30, 2014

JESUS HERNANDEZ vs. MAGIC LAUNDRY SERVICES, BARRETT BUSINESS SERVICES, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not properly verified as required by Labor Code section 5902. Even if verified, the Board would have denied the petition on its merits based on the WCJ's report, which they adopted. The Board also deferred to the WCJ's credibility findings. Therefore, the petition was dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWCJCredibilityAdjudicatedIncorporatedMcCready v. WCAB
References
3
Case No. ADJ7505198
Regular
Jan 16, 2015

OLGA ORDONEZ vs. NORWALK SKILLED NRS WELLNESS CENTER, ULLICO CASUALTY COMPANY

The Workers' Compensation Appeals Board dismissed Olga Ordonez's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. Even if it had been properly verified, the Board would have denied the petition on its merits, adopting the administrative law judge's reasoning. The dismissal was based on the procedural defect of a lack of verification.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardWCJDeny on the meritsADJ7505198Van Nuys District Office
References
2
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