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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

Pierre v. Crown Fire Protection Corp.

This case involves appeals by Crown Fire Protection Corp. and PEM All Fire Extinguisher Corp. from a Supreme Court order denying their motions for summary judgment to dismiss a wrongful death complaint asserted against them. The New York City Transit Authority also cross-appealed the denial of its motion for summary judgment seeking to dismiss third-party complaints filed against it. The appellate court dismissed the appeals of Crown and PEM as withdrawn. Furthermore, the order was modified to grant the Transit Authority's cross-motion for summary judgment, thereby dismissing the third-party complaint of Crown Fire Protection Corp. The court determined that Crown's work, which involved delivery and installation of fire extinguisher devices, did not fall under the categories described in General Obligations Law § 5-322.1. Finally, the decision clarified that a recent amendment to Workers' Compensation Law § 11, which limits third-party suits against employers, would not be applied retroactively to pending actions.

Wrongful Death DamagesSummary Judgment DenialThird-Party IndemnificationGeneral Obligations Law ViolationsWorkers' Compensation AmendmentsStatutory Non-RetroactivityContractual IndemnityConstruction vs. InstallationAppellate ModificationDismissal of Appeals
References
3
Case No. ADJ7531724, ADJ7531690
Regular
Dec 01, 2017

AURORA LEMUS vs. FREEBIRDS WORLD BURRITO, GRANITE STATE INSURANCE COMPANY, MARK ORFALIA, REDWOOD FIRE AND CASUALTY COMPANY

This case involves a dispute between Granite State Insurance Company and Redwood Fire and Casualty Company regarding contribution for workers' compensation benefits paid to applicant Aurora Lemus. Granite, initially denied contribution by the WCJ, petitioned for reconsideration. The parties subsequently settled the contribution claim for $22,500.00 through mediation, which has been approved by the Board. This stipulation fully resolves Granite's claims against Redwood.

Workers' Compensation Appeals BoardReconsiderationContributionReimbursementJoint Findings of FactCompromise and ReleaseStipulationVoluntary MediationCommissioners' Settlement ConferenceInsurer
References
0
Case No. ADJ2813255 (STK 0210632)
Regular
Nov 08, 2011

JONA DUNCAN vs. J.M. KECKLER MEDICAL COMPANY INC, REDWOOD FIRE AND CASUALTY, BERKSHIRE HATHAWAY (ENDURANCE INSURANCE)

This case involves a workers' compensation claim for cumulative trauma injury to the lower back and right leg. The applicant, Jona Duncan, claims injury while employed by J.M. Keckler Medical Company, Inc. The insurer, Redwood Fire and Casualty, filed a petition for removal, arguing that the issuance of an arbitrator panel by the WCJ would prematurely cut off discovery. The WCAB denied removal, finding the petition premature and lacking a showing of significant prejudice or irreparable harm. The Board adopted the WCJ's report, which stated that Redwood's fears of lost discovery were unsubstantiated and that Endurance had indicated contribution proceedings would only commence after the case-in-chief was resolved.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeMandatory ArbitrationCumulative TraumaInsurerContribution ProceedingsCase-in-ChiefDiscovery RightsPrejudice
References
2
Case No. MISSING
Regular Panel Decision

Insurance Corp. of New York v. United States Fire Insurance

This case concerns a dispute between a primary insurer, The Insurance Corporation of New York, and an excess insurer, United States Fire Insurance Company (US Fire), regarding the timeliness of claim notice and US Fire's subsequent disclaimer. The motion court initially denied US Fire's cross-motion for summary judgment, deeming its disclaimer untimely. However, the appellate court determined that US Fire received proper notice on April 20, 2006, not March 16, 2006, making its disclaimers, issued eight days later, timely as a matter of law. Consequently, the appellate court reversed the lower court's decision, granting US Fire's cross-motion for summary judgment and dismissing the complaint against it. Additionally, an appeal from a separate order regarding US Fire's request to rescind an insurance policy was dismissed as abandoned.

Insurance PolicyExcess InsurancePrimary InsuranceTimely NoticeDisclaimer of CoverageSummary JudgmentAppellate ReviewClaim NotificationInsurance ContractLiability Insurance
References
9
Case No. MISSING
Regular Panel Decision
Jun 11, 2003

Theodoreu v. Chester Fire District

In this personal injury action, volunteer firefighter James Theodoreu, along with other plaintiffs, appealed a Supreme Court order granting summary judgment to defendants Chester Fire District and Sugar Loaf Engine Company, Inc. The appellate court affirmed the dismissal, holding that the Volunteer Firefighters’ Benefit Law § 19 provides an exclusive remedy for injuries sustained in the line of duty, thereby barring claims against the fire district (as a political subdivision) and the fire company (due to an employer/employee relationship). Additionally, the defendant Witfield Architectural Group's cross-claims against the fire district and fire company were properly dismissed. This dismissal was based on Witfield's failure to demonstrate that the injured plaintiff suffered a "grave injury," a prerequisite for employer liability under Workers’ Compensation Law § 11 for contribution or indemnity.

Volunteer Firefighters Benefit LawExclusive Remedy ProvisionSummary JudgmentPersonal InjuryWorkers Compensation Law Section 11Grave InjuryEmployer LiabilityCross-claims DismissalAppellate AffirmationPolitical Subdivision
References
7
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
0
Case No. MISSING
Regular Panel Decision

Home Depot U.S.A., Inc. v. National Fire & Marine Insurance

Home Depot U.S.A., Inc., the general contractor, commenced an action against its subcontractor's insurer, National Fire & Marine Insurance Company, seeking a declaration of coverage. Home Depot, individually and as assignee of Westward Contracting, Inc., sought to compel National Fire to defend and indemnify it as an an additional insured in an underlying action, and to indemnify Westward. The Supreme Court denied Home Depot's discovery motion, granted National Fire summary judgment declaring Home Depot was not an additional insured, and denied National Fire's motion to dismiss Home Depot's claims as Westward's assignee for lack of standing and for summary judgment on the indemnification obligation to Westward. The appellate court affirmed the Supreme Court's order, finding Home Depot was not an additional insured and that the assignment to Home Depot was valid and did not relieve National Fire of its indemnification obligation to Westward.

Insurance CoverageAdditional InsuredIndemnificationSummary JudgmentStandingAssignment of ClaimsSubcontractor LiabilityGeneral ContractorCommercial General Liability PolicyAppellate Review
References
13
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
4
Case No. ADJ391084 (GOL 0102020) ADJ1292455 (GOL 0100312)
Regular
May 26, 2015

MICHAEL LOPEZ vs. ED & TED'S EXCELLENT LIGHTING, FIREMAN'S FUND INSURANCE COMPANY, REDWOOD FIRE & CASUALTY COMPANIES

This case involves two workers' compensation claims for applicant Michael Lopez against Ed & Ted's Excellent Lighting, insured by Redwood Fire & Casualty and Fireman's Fund Insurance Company. The Arbitrator found industrial injuries to Lopez's back and extremities and allocated partial liability to both insurers for the second injury period. Both insurers sought reconsideration, alleging clerical errors and disputes over liability allocation. The Workers' Compensation Appeals Board granted reconsideration to correct these clerical errors. The Board rescinded the original decision and returned the case to the Arbitrator for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderArbitratorIndustrial InjuryLumbar BackUpper ExtremitiesHerniaCumulative TraumaInsurance Company
References
0
Case No. ADJ6542364
Regular
Sep 21, 2009

Denise Patterson Crumrine vs. SISKIYOU HOSPITAL INC., BERSHIRE HATHAWAY PASADENA, State Compensation Insurance Fund, Redwood Fire and Casualty Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to State Fund. While affirming the joinder of State Fund as a party defendant, the Board rescinded the prior order requiring State Fund to reimburse Redwood Fire and Casualty Insurance Company for 25.48% of applicant benefits. This rescission was based on State Fund's due process rights, which were violated by the lack of opportunity for discovery and defense. The case is returned to the trial level for further proceedings consistent with due process and relevant Labor Code sections.

State FundRedwood Fire and CasualtyPetition for ReconsiderationOrder Joining Party DefendantDue ProcessDiscoveryContributionReimbursementJoinderWCJ
References
1
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