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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
Sep 03, 1982

Cerrato v. Thurcon Construction Corp.

This case concerns a construction worker (plaintiff) who sustained serious injuries and sued 211 Thompson Corp. (owner) and Thurcon Construction Corp. (general contractor). Defendant 211 Thompson Corp. raised an affirmative defense of lack of personal jurisdiction due to improper service of process. After the Statute of Limitations had expired, plaintiff moved to strike this defense, while 211 cross-moved to dismiss the action as time-barred. Special Term referred the issue of service validity to a referee, but the plaintiff argued for a jury trial on this factual issue. The Appellate Division, Supreme Court, New York County, modified Special Term's order, directing a jury trial on the validity of the service, while otherwise affirming the original determination. The dissenting opinion argued that the right to a jury trial should not be conditioned on the stage of proceedings or the impact of dismissal on the Statute of Limitations, and furthermore, considered the question of authority to accept service as one of law, not fact.

Jury TrialService of ProcessPersonal JurisdictionStatute of LimitationsAffirmative DefenseAppellate ReviewCPLRProcedural LawConstruction AccidentsNew York Courts
References
3
Case No. ADJ1766241
Regular
Jul 02, 2012

JUDY M. KRUG vs. HOFFMAN SOUTHWEST CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board granted reconsideration, affirming most of the original Findings and Award (F&A) but deferring the issues of penalties and an increase under Labor Code § 4658(d)(2). The Board found that the defendant waived objections to medical evidence and the pre-trial statement by failing to raise them at trial. The calculation of the applicant's average weekly earnings was upheld as proper. The matter is returned to the trial level for further proceedings and a new decision on the deferred issues of penalties and the § 4658(d)(2) increase.

WagesTemporary DisabilityPermanent DisabilityPenaltiesReconsiderationAgreed Medical EvaluatorLabor Code Section 4658(d)(2)Average Weekly EarningsEDD BenefitsBenefit Printout
References
2
Case No. 09 Civ. 3043(PAE)
Regular Panel Decision

Hart v. Rick's Cabaret International, Inc.

This Opinion & Order addresses several pre-trial issues in a class action lawsuit brought by exotic dancers against Rick’s Cabaret NY and related entities, alleging violations of the Fair Labor Standards Act and New York Labor Law concerning minimum wages and mandatory tip-out fees. District Judge Paul A. Engelmayer ruled that performance fees received by dancers cannot offset the Club’s liability for mandatory tip-out fees, which were deemed unlawful deductions under NYLL § 193(3)(a). The Court further affirmed that claims related to these tip-out fees are appropriate for class-wide resolution, consistent with the Mt. Clemens doctrine for calculating damages when employer records are insufficient. Finally, the defendants' motion for interlocutory appeal regarding class certification, the "reasonable customer" standard, and wage offset issues was denied, as the questions did not meet the criteria of 28 U.S.C. § 1292(b). Consequently, a single trial is scheduled for April 27, 2015, to resolve all outstanding jury issues.

Class ActionFair Labor Standards ActNew York Labor LawMinimum WageTip-out FeesExotic DancersInterlocutory AppealClass CertificationDamages CalculationEmployer Liability
References
36
Case No. ADJ9008079
Regular
Aug 31, 2015

CHAD CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a prior award of 25% permanent disability to the applicant. The defendant argued for a 15% reduction in weekly payments based on an alleged offer of regular work, but failed to present evidence of this offer or properly raise the issue during trial. The Board found no evidence in the record of the required notice being sent or admitted, and the defendant did not list this issue in the pre-trial conference statement. Therefore, the Board concluded the defendant failed to support its claim for a reduction in benefits.

Petition for ReconsiderationFindings and AwardPermanent Disability IndemnityNotice of Offer of Regular WorkLabor Code Section 4658(d)(3)(A)Weekly Permanent Disability IndemnityPre-Trial Conference StatementBontempoCity of Sebastopol v. Workers' Comp. Appeals Bd.Braga
References
2
Case No. ADJ8590622
Regular
Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine
References
1
Case No. ADJ3755565
Regular
Apr 27, 2010

JEAN CARDINALE vs. FIRST BLACKHAWK FINANCIAL CORPORATION, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the original award to the applicant for industrial injuries to multiple body parts. The defendant's primary argument for reconsideration was the alleged improper admission of a psychological report, claiming it was not listed on the pre-trial conference statement. However, the Board found this contention to be factually incorrect, as the report was indeed listed and acknowledged by both parties. Consequently, the Board initiated removal on its own motion to issue sanctions against the defendant's law firm for filing a verified petition containing demonstrably false statements.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative InjuryPsyche InjuryCervical Spine InjuryMedical Report AdmissibilityPre-Trial Conference StatementPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 5813
References
0
Case No. ADJ885979 (LBO 0310057)
Regular
Feb 20, 2014

WALTER CERVANTES vs. UNITED AIRLINES INFLIGHT SERVICES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal to address the WCJ's exclusion of the Labor Code section 5402 presumption of compensability. The Board held that this presumption can be raised for the first time at trial, even if not listed on the pre-trial conference statement. The case is returned to the trial level for the WCJ to consider the presumption, ensuring the defendant has an opportunity to present evidence and witnesses on the issue. This decision aligns with precedent allowing presumptions to be raised at trial under certain circumstances.

Petition for RemovalPresumption of CompensabilityLabor Code Section 5402Mandatory Settlement ConferencePretrial Conference StatementWorkers' Compensation Appeals BoardWCJOrder Granting PetitionDecision After RemovalDue Process
References
3
Case No. ADJ8782991, ADJ8783990
Regular
Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal seeking to rescind an order continuing the case to trial. The Board found the petition to be procedurally deficient as it was unverified and lacked a showing of significant prejudice. While the defendant correctly argued the cases shouldn't have been set for a priority conference due to admitted injuries, the conference effectively served as a settlement conference, and the trial is not limited to just temporary disability. The Board affirmed that the trial may proceed on all issues identified in the Pre-Trial Conference Statement.

Workers Compensation Appeals BoardPetition for RemovalPriority ConferenceMandatory Settlement ConferencePre-Trial Conference StatementDeclaration of Readiness to ProceedWCJUnverified PetitionPrimary Treating PhysicianMedical-Legal Process
References
1
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. ADJ7010013
Regular
Jun 28, 2010

PAMELA VAN ZANDT vs. NIKE, INC COLE-HAAN, OLD REPUBLIC ADMINISTERED BY ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an attorney's fee award. The defendant incorrectly claimed the issue of fees was not raised and that they were aggrieved by the award. The Board found the defendant was not aggrieved, as fees were payable from the applicant's benefits, and the issue was properly noted in the pre-trial statement. Consequently, the Board issued a notice of intention to impose sanctions on the defendant's counsel for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited HearingTemporary DisabilityAttorney's FeeLabor Code § 5813SanctionsBad Faith ActionsFrivolous Petition
References
0
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