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Case No. ADJ10354615

Regular

Jun 10, 2019

MILFORD BROWN vs. ARIZONA CARDINALS, ST. LOUIS RAMS, CAROLINA PANTHERS, GREAT DIVIDE INSURANCE COMPANY, CARE OF BERKLEY SPECIALTY UNDERWRITING MANAGERS, JACKSONVILLE JAGUARS, ACE AMERICAN INSURANCE COMPANY, CARE OF QUAL-LYNX, INC., DETROIT LIONS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal in the case of Milford Brown. The Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The petitioner failed to demonstrate such harm or that reconsideration would be an inadequate remedy. Therefore, the petition was denied, and the case will proceed through the standard workers' compensation process.

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyAdverse DecisionArizona CardinalsSt. Louis Rams

References

Case No. MISSING

Regular Panel Decision

Timmons v. Lynx Contracting Corp.

James Timmons, an insulation worker, fell approximately 12 feet through an unprotected skylight in an attic while performing air conditioning work at the College of Mount Saint Vincent, owned by the Sisters of Charity of Saint Vincent DePaul of New York. He sustained injuries, leading him to sue under Labor Law § 240 (1), alleging a lack of safety devices for an elevation hazard. The defendants, including the College and HMS Mechanical Systems, Inc., opposed, arguing the fall was not from an elevated work site and questioning the need for additional safety devices or citing plaintiff's conduct as the sole proximate cause. The court denied the defendant Sisters' motion for summary judgment and granted the plaintiff's cross-motion for partial summary judgment, ruling that the plaintiff was working at an elevated height and that contributory negligence is not a defense under Labor Law § 240 (1).

Labor Law § 240Construction SafetyFall AccidentSummary Judgment MotionElevation HazardSkylight FallOwner LiabilityContractor LiabilityStrict LiabilityContributory Negligence

References

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MILFORD BROWN vs. ARIZONA CARDINALS, ST. LOUIS RAMS, CAROLINA PANTHERS, GREAT DIVIDE INSURANCE COMPANY, CARE OF BERKLEY SPECIALTY UNDERWRITING MANAGERS, JACKSONVILLE JAGUARS, ACE AMERICAN INSURANCE COMPANY, CARE OF QUAL-LYNX, INC., DETROIT LIONS, LIBERTY MUTUAL INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyAdverse DecisionArizona CardinalsSt. Louis Rams

Timmons v. Lynx Contracting Corp.

Labor Law § 240Construction SafetyFall AccidentSummary Judgment MotionElevation HazardSkylight FallOwner LiabilityContractor LiabilityStrict LiabilityContributory Negligence