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

Case No. ADJ316855
Regular
Mar 12, 2009

MELINDA COREA vs. RSKO, CNA CASUALTY OF CALIFORNIA

The applicant, Melinda Corea, petitioned for reconsideration of a December 19, 2008, decision. The Workers' Compensation Appeals Board granted the petition, finding it necessary to allow further study of the factual and legal issues to ensure a just decision. The Board will proceed with further proceedings as deemed appropriate following this reconsideration. All future communications regarding this case should be directed to the Board.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ316855POM 0282236Melinda CoreaRSKOCNA Casualty of CaliforniaOpinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. MISSING
Regular Panel Decision
May 22, 2009

Gabel v. Richards Spears Kibbe & Orbe, LLP

Lauren Gabel, a former Director of Finance and Administration at Richards, Kibbe & Orbe (RSKO), sued the firm and its partners after being fired, alleging gender discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law, unlawful discharge related to pension rights (29 U.S.C. § 1140), and various state law claims including breach of contract, intentional infliction of emotional distress, negligent infliction of emotional distress, and breach of fiduciary duty. Defendants moved for summary judgment, arguing several claims were time-barred or preempted. The court granted summary judgment, dismissing claims for intentional infliction of emotional distress, breach of contract, negligent infliction of emotional distress, and breach of fiduciary duty due to statute of limitations, preemption by New York's Worker's Compensation Law, or preemption by ERISA. The ERISA § 510 claim for unlawful discharge to prevent pension vesting was also dismissed as time-barred. However, the court denied summary judgment on plaintiff's remaining claims for gender discrimination and retaliation under both federal and city law, finding sufficient disputed factual issues to warrant a trial. These claims (Counts 1, 3, 5, 6, and 7) will proceed to trial.

Employment LawGender DiscriminationRetaliationSummary JudgmentStatute of LimitationsERISA PreemptionWorker's Compensation LawBreach of ContractBreach of Fiduciary DutyIntentional Infliction of Emotional Distress
References
10
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