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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

Prabhakar v. Life Insurance Co. of North America

The case involves Plaintiff Ratna Prabhakar's pro se complaint against Life Insurance Company of America (LINA) for terminating her long-term disability benefits. Plaintiff, a former State Farm employee, claimed LINA improperly denied her benefits after a 1989 workplace injury. The court conducted a bench trial and found that LINA improperly denied benefits and should have reinstated them. However, the court concluded that Plaintiff's action was time-barred due to a three-year limitations period specified in the policy, notice of which she had received. Despite finding the claim meritorious, the court dismissed the action with prejudice on statute of limitations grounds.

Long-term disabilityERISAStatute of limitationsEquitable tollingMental impairmentChronic depressionBipolar disorderPost-concussion syndromeWorkers' compensation offsetInsurance policy
References
28
Case No. MISSING
Regular Panel Decision
Nov 13, 2012

Delaney v. Bank of America Corp.

John Delaney sued Bank of America (BoA) alleging age discrimination under the ADEA and breach of an oral contract related to his internal transfer. Delaney claimed his termination was age-discriminatory and that BoA reneged on a promise regarding account assignments and compensation. BoA moved for summary judgment, asserting Delaney failed to show a prima facie case of age discrimination and that the alleged oral contract was too vague, superseded by discretionary bonus policies, and that Delaney was an at-will employee. The court found insufficient admissible evidence for age discrimination, supporting BoA's legitimate, non-discriminatory reason (reduction in force based on performance). Additionally, the court ruled the oral agreement lacked definiteness and was overridden by BoA's discretionary bonus plan, and as an at-will employee, Delaney's termination was permissible. Consequently, the court granted BoA's motion for summary judgment on both claims.

Age DiscriminationEmployment LawBreach of ContractSummary JudgmentReduction in ForceAt-Will EmploymentMcDonnell Douglas FrameworkBut-For CausationOral AgreementDiscretionary Bonus
References
65
Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)
Regular
Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Sharon Marr's petition for removal against JBL Pro Manufacturing and Travelers Property Casualty Company of America. The dismissal was primarily based on the petition not being timely-filed. Even if it had been timely, the Board would have denied the petition on its merits, adopting the reasons stated by the administrative law judge.

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass
References
0
Case No. 2017 NY Slip Op 08809
Regular Panel Decision
Dec 20, 2017

Dereveneaux v. Hyundai Motor America

Keith Dereveneaux, the plaintiff, appealed an order from the Supreme Court, Queens County, which granted summary judgment to the defendants Hyundai Motor America, Trade Show Fabrications, Inc., Innocean Worldwide Americas, LLC, and Trade Show Specialists Corp. The Appellate Division, Second Department, dismissed the appeal against Hyundai Motor America because the plaintiff failed to oppose the initial motion for relief. The court affirmed the summary judgment in favor of Trade Show Specialists Corp., concluding that the plaintiff was a special employee, which barred his personal injury claim under Workers' Compensation Law. Additionally, summary judgment was affirmed for Trade Show Fabrications, Inc., and Innocean Worldwide Americas, LLC, regarding Labor Law § 200 and § 241 (6) claims, as they demonstrated no control over the work site and the cited Industrial Code provisions were inapplicable. The plaintiff's opposition failed to raise any triable issues of fact.

Workers' Compensation LawSummary JudgmentSpecial EmployeeLabor Law Section 200Labor Law Section 241(6)Premises LiabilityWorksite ControlIndustrial CodeAppellate ProcedureAggrieved Party
References
13
Case No. ADJ4134943 (LAO 0800933), ADJ2639030 (LAO 0847979)
Regular
Jan 14, 2016

ARTURO GUILLEN vs. PRO AMERICA PREMIUM TOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY, HIGHLANDS INSURANCE COMPANY

This case involves a petition for reconsideration by Highlands Insurance Company regarding a prior decision that found the applicant sustained two cumulative trauma injuries. The Workers' Compensation Appeals Board affirmed its prior decision, finding one injury occurred when Pacific National Insurance Company was the insurer and the second injury occurred when Highlands was the insurer. Highlands argued the applicant sustained only one cumulative trauma injury or a single specific injury. The Board denied Highlands' petition, upholding the determination of two distinct cumulative trauma injuries.

Cumulative trauma injuryCalifornia Insurance Guarantee AssociationCIGAPacific National Insurance CompanyHighlands Insurance CompanyPro America Premium ToolsPetition for ReconsiderationDecision After Reconsiderationinsurer in liquidationservicing facility
References
1
Case No. ADJ4134943 (LAO 0800933) ADJ2639030 (LAO 0847979)
Regular
Nov 09, 2015

Arturo Guillen vs. PRO AMERICA PREMIUM TOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY, HIGHLANDS INSURANCE COMPANY

The California Insurance Guarantee Association (CIGA) successfully petitioned for reconsideration, leading the Board to find the applicant sustained two separate cumulative trauma injuries. The Board clarified the dates of these injuries: August 17, 1999, through August 17, 2000, and August 29, 2000, through August 29, 2001. Consequently, the case is remanded to the Workers' Compensation Judge (WCJ) to address apportionment, joint and several liability between CIGA and Highlands Insurance Company, and other outstanding issues.

CIGAPacific National Insurance Companyliquidationcumulative traumatwo cumulative injuriesjoint and several liabilityHighlands Insurance CompanyapportionmentLabor Code 4663Labor Code 4664
References
11
Case No. MISSING
Regular Panel Decision
Jul 05, 2006

Wilson v. Sirius America Insurance

Stephen Wilson, a foreman for a plumbing subcontractor, was injured at a construction site and, along with his wife, sued the general contractor, K.J. Gold, LLC, for Labor Law violations. K.J. Gold's insurer, Sirius America Insurance Company, disclaimed coverage based on an exclusion requiring a prior written indemnification contract between K.J. Gold and the subcontractor, which was absent. After K.J. Gold defaulted in the underlying action, the Wilsons commenced a new action against Sirius America to recover the unsatisfied judgment. The Supreme Court initially granted summary judgment to the Wilsons, deeming the exclusion void under General Obligations Law § 5-322.1. However, the appellate court reversed, holding that the insurance exclusion itself did not violate General Obligations Law § 5-322.1, and since K.J. Gold never met the policy's condition of obtaining a written indemnification agreement, Sirius America was entitled to summary judgment dismissing the complaint.

Insurance Coverage DisputeIndemnification AgreementSummary Judgment AppealConstruction AccidentLabor Law ViolationsPolicy ExclusionGeneral Obligations LawContract InterpretationAppellate ReversalThird-Party Action
References
3
Case No. MISSING
Regular Panel Decision
Oct 19, 1994

Comer v. Titan Tool, Inc.

Plaintiffs Delores Comer and Patricia Edelson, as personal representatives of Michael Comer's estate, brought a diversity action for wrongful death against Titan Tool, Inc., the manufacturer of a paint sprayer Michael Comer was using when he died. Titan Tool, Inc. then filed a third-party complaint seeking contribution from Rock & Waterscape Systems, Inc. (R&W), Comer's employer. R&W moved for summary judgment, arguing that under Florida workers’ compensation law, a death benefit payment to Delores Comer barred further liability. The court, applying New York's choice of law rules and interest analysis, found no basis for applying Florida law as R&W is a California domiciliary. The court denied R&W's motion for summary judgment, stating that triable issues remained regarding the choice of law question between New York and California, as Florida law could not control the case.

wrongful deathsummary judgmentchoice of lawdiversity jurisdictionworkers' compensationdomicileloss allocationtort lawemployer liabilityproduct liability
References
37
Case No. MISSING
Regular Panel Decision

Fifth Avenue Coach Lines, Inc. v. Transport Workers of America, Local 100

Plaintiffs Fifth Avenue Coach Lines, Inc. and Surface Transit, Inc. sued Transport Workers of America, Local 100, Transport Workers of America, and Michael J. Quill for damages alleging a breach of collective bargaining agreements following a 1962 strike. The Union defendants moved for a stay of proceedings pending arbitration, arguing the dispute fell within the arbitration clauses of their agreements. Defendant Michael J. Quill moved to dismiss the action against him, contending that Section 301(a) of the Taft-Hartley Act does not permit actions against individual union officers. The court found the arbitration clauses sufficiently broad to cover the strike issue and granted the stay of proceedings. Additionally, the court granted Quill's motion to dismiss, citing Supreme Court precedent that such actions are against the union, not its president.

ArbitrationCollective Bargaining AgreementStrikeTaft-Hartley ActMotion to StayMotion to DismissUnion LiabilityIndividual LiabilityNo-Strike ClauseGrievance Procedure
References
4
Case No. MISSING
Regular Panel Decision

In Re Lawrence United Corp.

The Monroe Group, Inc. (Monroe) sought to compel General Accident Insurance Company of America (General Accident) to release commissions owed from a court-approved sale of the Debtor's assets. The Debtor, a former agent for General Accident, filed for Chapter 11 bankruptcy, and its Rochester office assets were sold to Monroe 'free and clear of all liens and other interests.' General Accident withheld commissions, arguing a right of recoupment for prepetition premiums owed by the Debtor, which it contended was not an 'interest' extinguished by the sale order. The court determined it had 'core' jurisdiction over the dispute, finding that General Accident's alleged right of recoupment was not an 'interest' under 11 U.S.C. § 363(f) and could not be asserted against postpetition commissions to recover prepetition premiums. Consequently, the court granted Monroe's motion, compelling General Accident to release the commissions.

Bankruptcy Court JurisdictionChapter 11 BankruptcyAsset SalesRecoupment RightsInsurance CommissionsDebtor-in-PossessionSecured ClaimsUnsecured ClaimsSale Free and Clear of InterestsPostpetition vs. Prepetition Debts
References
19
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