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

Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. S. Joseph Co. & Toufic Aris & Fils

The Supreme Court affirmed a judgment dismissing Joseph's petition to stay arbitration and granting Toufic's cross-petition to compel arbitration, concurrently vacating an earlier stay pending appeal. The dispute arose from an oral grain sale agreement between Joseph, a Minnesota seller, and Toufic, a buyer from France and Lebanon, where both parties exchanged telex confirmations that largely agreed but had minor differences, and crucially incorporated a North American Export Grain Association (NAEGA) contract containing a broad arbitration clause enforceable in New York. The court determined that a valid agreement to arbitrate existed, asserting that New York law governed the arbitration provision due to its significant contacts, irrespective of the performance location. The majority opinion found the arbitration agreement valid, with some justices viewing it as part of a valid sales contract under UCC 2-207(2)(b), while others deemed the arbitration clause separable. Justice Nunez dissented, arguing for a remand to ascertain the validity of the underlying sales agreement, highlighting telex discrepancies and the non-execution of a formal contract as crucial factors impacting the arbitration agreement's existence.

Arbitration AgreementContract FormationChoice of LawUniform Commercial CodeInternational TradeGrain SaleTelex ConfirmationNAEGA ContractMaterial AlterationSeparability Doctrine
References
9
Case No. MISSING
Regular Panel Decision

Poly-Pak Industries, Inc. v. Collegiate Stores Corp.

Poly-Pak Industries and Collegiate Stores Corporation had a written agreement that included a broad arbitration clause. After the agreement expired, a dispute arose when Poly-Pak refused to return printing plates unless Collegiate paid outstanding invoices, some of which were not yet due. Poly-Pak initiated arbitration for damages, and Collegiate asserted counterclaims. Poly-Pak then filed a petition to stay arbitration of Collegiate's counterclaims, arguing the dispute arose after the contract's expiration. The Supreme Court granted the stay. However, the appellate court reversed this decision, holding that a broad arbitration clause survives the termination of an agreement for disputes arising out of that agreement, and the present dispute concerning 'wind-up work' and materials was reasonably related to the original contract and therefore arbitrable. The petition to stay arbitration was dismissed.

ArbitrationContract DisputeArbitration ClauseContract ExpirationCounterclaimsStay ArbitrationAppellate ReviewCommercial Arbitration RulesScope of ArbitrationSurviving Arbitration Clause
References
5
Case No. MISSING
Regular Panel Decision
Dec 27, 1993

31 West 47th Street Co. v. Bevona

The case involves a petition to stay arbitration filed by 31 West 47th Street Co. and Lipton against Local 32B-32J, AFL-CIO. The dispute arose after 31 West stopped remitting membership benefit fund contributions, asserting the collective bargaining agreement had expired. The agreement contained an 'Evergreen Clause' stating it would remain in effect until a successor agreement was negotiated or cancelled with a three-day written notice, which 31 West failed to provide. The Supreme Court initially granted the stay, but the appellate court reversed, denying the petition and directing arbitration, emphasizing the 'Evergreen Clause' and that termination issues are for the arbitrator.

Collective bargaining agreementArbitration clauseEvergreen clauseUnion contributionsContract terminationAppellate reversalLabor relationsEmployer-employee disputeCommercial buildingNew York law
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Higher Education & Professional Staff Congress/CUNY

This case addresses a petition to stay arbitration initiated by a petitioner against a respondent, representing Sandra Davis and Luis Rodriquez-Abad. The grievants, non-reappointed instructional staff at CUNY (Hunter College), sought arbitration alleging discrimination. The petitioner refused to process these grievances, citing a collective bargaining agreement clause (Section 20.7) that precludes arbitration for discrimination claims if a party has filed a claim in court or with a governmental agency. Sandra Davis had filed a Title VII lawsuit, and Luis Rodriquez-Abad had filed a complaint with the New York State Division of Human Rights. The court, referencing Alexander v. Gardner-Denver Co., ruled that while statutory rights cannot be prospectively waived, the contractual right to arbitration can be waived if a superior forum is chosen. Consequently, the court granted the petition to stay arbitration of the discrimination claim, allowing other claims to proceed to arbitration.

ArbitrationStay of ArbitrationCollective Bargaining AgreementDiscriminationNonreappointmentTenureGrievance ProcedureTitle VIICivil Rights ActExecutive Law
References
8
Case No. Misc. No. 254
En Banc
Jan 20, 2012

Applicant vs. Respondent

The Workers' Compensation Appeals Board dismissed Daniel Escamilla's Petition for Change of Venue, denied his Request for an Immediate Stay, but granted his Petition for Removal. The decision affirmed the relieving of his counsel and continued the hearing to provide a final opportunity to obtain new counsel.

Petition for Change of VenuePetition for RemovalRequest for Immediate Stay of ProceedingsWorkers' Compensation Appeals Board (WCAB)Administrative Law Judge (WCJ)Relief of CounselDue ProcessQuasi-Criminal NatureLabor Code Section 5501.6Labor Code Section 4907
References
1
Case No. Misc. No. 254
Significant
Jan 20, 2012

vs. Daniel Escamilla

The Workers' Compensation Appeals Board (WCAB) dismisses a petition for change of venue, denies a request for a stay, but grants a petition for removal. The Board affirms the order relieving the petitioner's counsel, continues the hearing, and sets a new pre-hearing conference schedule to allow the petitioner a final opportunity to obtain new counsel and prepare his case.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardWCJRelief of CounselDue ProcessQuasi-Criminal ProceedingDelegation of AuthorityOffer of ProofSuspension or Removal of Privilege
References
2
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
2
Case No. ADJ2569930 (OAK 0314153)
Regular
Aug 25, 2011

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to stay workers' compensation proceedings pending the outcome of criminal fraud charges against the applicant. The WCAB agreed with the administrative law judge that a stay was not warranted given the applicant's presumption of innocence and the lack of probable cause shown. The WCAB emphasized that if convicted, benefits could be denied and restitution sought, but a stay would unnecessarily delay claims if acquitted, contrary to constitutional mandates for swift justice.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStay of ProceedingsCriminal ProceedingsWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryPresumption of Innocence
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Bethbowl Corp. & Local Union 3108 United Brotherhood of Carpenters & Joiners of America A.F.L.-C.I.O.

Bethbowl Corporation sought to stay arbitration initiated by a union, arguing it did not inherit a union agreement after purchasing the assets of Bethpage Bowl from Sports Arenas, Inc. The prior agreement, between the union and Sports Arenas, Inc., included an automatic renewal clause that was not terminated. The court applied Federal Labor Law principles, specifically the 'continuity of identity' standard, noting the business continued under the same name and the petitioner's president (formerly manager) was aware of the union. The court concluded that Bethbowl Corporation was bound by the agreement, dismissing the petition to stay arbitration and holding that the question of agreement termination was for the arbitrator.

Arbitration LawLabor ArbitrationCollective BargainingSuccessor EmployerCorporate Asset SaleUnion Contract RenewalFederal Labor Law ApplicationContinuity of Business IdentityCPLR 7503 (b)Stay of Arbitration
References
7
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