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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

Old Country Iron Works, Inc. v. Iron Workers Locals 40, 361 & 417 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers Union Security Funds

This labor-management dispute began with Old Country Iron Works, Inc. seeking to stay arbitration initiated by Local 361, claiming its collective bargaining agreement was solely with Local 40. After the case was removed to federal court, Old Country moved for remand, while the unions cross-moved for summary judgment to compel arbitration. The District Court denied Old Country's remand motion, asserting federal jurisdiction due to the dispute's reliance on interpreting the collective bargaining agreement under the Taft-Hartley Act. However, the court also denied the unions' summary judgment motions without prejudice, citing uncertainties regarding the need for an arbitration order and the scope of the arbitration agreement concerning potential jurisdictional issues. The parties were subsequently directed to engage in settlement discussions.

Labor LawCollective Bargaining AgreementArbitrationRemoval JurisdictionTaft-Hartley ActSection 301Summary JudgmentMotion to RemandFederal Common LawJurisdictional Dispute
References
20
Case No. MISSING
Regular Panel Decision

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Severino v. Schuyler Meadows Club, Inc.

Peter Severino, an injured worker, and his wife, Patricia Severino, filed suit after Peter sustained injuries at a construction site in Colonie, Albany County. The site was owned by Schuyler Meadows Club, Inc. and Schuyler Meadows Country Club, Inc., with Barry, Bette & Led Duke, Inc. (BBLD) as the general contractor. Peter was injured when a ladder he was using shifted and an angle iron fell, striking him. The complaint alleged negligence and violations of Labor Law sections 200(1), 240(1), and 241(6). The Supreme Court granted a directed verdict against Schuyler and BBLD for violating Labor Law § 240(1), dismissed claims against Schenectady Steel Company, Inc., and denied BBLD's motion against Brownell Steel, Inc. The jury found BBLD 20% liable and Brownell 80% liable. The judgment and order were affirmed on appeal.

Construction Site AccidentLadder FallFalling ObjectLabor Law ViolationsDirected VerdictIndemnificationCommon-Law IndemnificationContractual IndemnificationAppellate ReviewJury Verdict
References
16
Case No. MISSING
Regular Panel Decision
Dec 22, 2004

Claim of Marks v. Evergreen Country Club

Claimant, an office manager with Evergreen Country Club, sought workers' compensation benefits alleging harmful exposure to fumes and materials at work, which led to a temporary aggravation of pre-existing asthma. The Workers' Compensation Board initially found no further causally related disability. After the case was remitted for further review, including deposition testimony from a treating physician, the original decision was reinstated and subsequently upheld by the Board. The claimant appealed the Board's denial of her application for reconsideration and/or full Board review. The court affirmed the Board's decision, concluding that the denial was not arbitrary, capricious, or an abuse of discretion, as the claimant had not presented any new evidence.

Workers' CompensationAsthmaOccupational DiseaseReconsiderationFull Board ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousCausally Related DisabilityPre-existing Condition
References
4
Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
0
Case No. MISSING
Regular Panel Decision
Apr 22, 2009

Ramirez v. Willow Ridge Country Club, Inc.

This judgment affirms the dismissal of a complaint after a jury trial in New York County. The plaintiff, injured during demolition work at Willow Ridge Country Club, Inc., claimed he fell from a deck with a removed railing, while the foreman stated he fell from ladders while pulling a gutter. The jury found a Labor Law § 240 (1) violation but determined it was not the proximate cause, accepting the foreman's account. The appellate court upheld the verdict, addressing the plaintiff's challenges regarding jury instructions on attorney-client privilege and the preclusion of an unsigned deposition transcript under CPLR 3116. The court found no grounds to overturn the jury's decision or the trial court's rulings.

Demolition accidentJury verdictLabor Law violationProximate causeCPLR 3116Attorney-client privilegeAppellate affirmancePersonal injuryConstruction safetyWitness testimony
References
10
Case No. MISSING
Regular Panel Decision
Sep 03, 2013

De Ping Song v. 47 Old Country, Inc.

Plaintiffs, salon workers (De Ping Song, Song Li, Yan Zhang, Chun Sen Zhu, Yang Xu, Jie Yi), sued the original defendants (Kui Soon Cho, Bae Kim, Hae Sook Kim, Hye Young Choi, and 47 Old Country, Inc.) for wage, hour, and employment discrimination violations, securing a $474,011.43 judgment in 2012 that remained unpaid. Subsequently, plaintiffs initiated a Rule 69 proceeding to impose successor liability on third-parties Inhae Corp. and Myung Ryun Park. The court applied the 'substantial continuity' test, finding Inhae Corp. liable as a successor due to clear notice of the judgment and the original defendants' likely inability to pay. However, Inhae Corp.'s liability was limited to the original jury verdict amount for unpaid wages, excluding liquidated damages and prejudgment interest, and Myung Ryun Park was not held personally liable.

Wage and Hour LawEmployment DiscriminationSuccessor LiabilityFLSA (Fair Labor Standards Act)Rule 69 FRCPCPLR 5225Substantial Continuity TestDe Facto MergerMere ContinuationFraudulent Transfer
References
28
Case No. ADJ8191030
Regular
Jul 07, 2015

JUAN REYNOSO vs. OLD RANCH COUNTRY CLUB, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) has dismissed the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in making this decision. Therefore, the petition seeking removal from the WCJ's decision is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdismissincorporated decisionadministrative law judgeSanta Ana District OfficeADJ8191030Old Ranch Country ClubCalifornia Restaurant Mutual Benefit Corporation
References
0
Case No. 2018 NY Slip Op 07419 [166 AD3d 599]
Regular Panel Decision
Nov 07, 2018

Khan v. Old Navy

In this personal injury action, plaintiff Asghar Khan sued Old Navy after a clothing rack allegedly fell on him in 2012. The parties entered a stipulation in 2016 requiring Khan to provide medical authorizations and records related to a prior 2008 accident, for which he had a workers' compensation claim, within 21 days. Failure to comply would result in preclusion of evidence. Khan failed to comply, leading Old Navy to move for summary judgment. The Supreme Court conditionally granted Old Navy's motion and Khan's cross-motion for summary judgment on liability. The Appellate Division reversed, holding that Khan failed to demonstrate a reasonable excuse for non-compliance with the so-ordered stipulation, making the conditional order of preclusion absolute. Consequently, the defendant's motion for summary judgment dismissing the complaint was granted, and the plaintiff's cross-motion for summary judgment on the issue of liability was denied.

Personal InjurySummary Judgment MotionConditional Order of PreclusionWorkers' Compensation ClaimDiscovery SanctionsStipulationAppellate DivisionMedical RecordsEvidence PreclusionNegligence Action
References
5
Case No. ADJ8835941
Regular
Dec 09, 2013

DARREN BEAN vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT & INDEMNITY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the petitioner's request for reconsideration of a prior decision. The original decision found that the applicant, Darren Bean, failed to prove an industrial injury sustained at Las Posas Country Club. This denial was based on the judge's report, which adopted the findings of fact and credibility assessments. The applicant's petition argued errors in relying on defense medical opinions and failing to apply Labor Code section 3202. However, the Board found the applicant lacked credibility due to inconsistent medical histories regarding prior injuries, and thus his treating physician's opinion was not substantial evidence.

WCABPetition for ReconsiderationDeniedCredibilityGarza v. Workmen's Comp. Appeals Bd.Las Posas Country ClubGallagher BassettGolf Cart AttendantCumulative TraumaNeck Injury
References
1
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