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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

Claim of McKenzie v. New York Jockey Injury Compensation Fund

Claimant, an exercise rider at Belmont Racetrack, suffered pelvic injuries in December 2003 while working a horse. Despite an expired license, a Workers’ Compensation Law Judge (WCLJ) established his case and determined he was a covered employee of the New York Jockey Injury Compensation Fund, holding the Fund responsible for medical treatment. The Workers’ Compensation Board upheld this decision. The Appellate Division affirmed, referencing *Matter of Adames v New York Jockey Injury Compensation Fund, Inc.* (15 AD3d 696 [2005]), which established that an exercise rider is a covered employee of the Fund under relevant Workers’ Compensation Law and Racing, Pari-Mutuel Wagering and Breeding Law provisions, irrespective of license expiration. The court found the Fund’s remaining contentions lacked merit.

Exercise RiderWorkers' CompensationJockey Injury Compensation FundExpired LicenseCovered EmployeeThoroughbred RacingPelvic InjuryAppellate DecisionBoard DecisionStatutory Interpretation
References
1
Case No. MISSING
Regular Panel Decision
Nov 22, 2002

Claim of Adames v. New York Jockey Injury Compensation Fund, Inc.

The claimant, an exercise rider, injured his ankle after his license expired but before he could renew it due to a system delay. A Workers’ Compensation Law Judge found him to be a covered employee of the New York Jockey Injury Compensation Fund, Inc., a decision affirmed by the Workers’ Compensation Board. The fund and its carrier appealed, arguing that an expired license should preclude coverage. The court affirmed the Board's decision, interpreting relevant statutes to ensure blanket coverage for jockeys and exercise persons, noting that denying coverage in such circumstances would defeat the legislative intent of timely compensation for injured workers.

Exercise RiderExpired LicenseStatutory InterpretationEmployee StatusJockey Injury Compensation FundRacing LawLegislative IntentTimely CompensationBlanket CoverageAdministrative Deference
References
5
Case No. MISSING
Regular Panel Decision
Oct 20, 2006

Laura I.M. v. Hillside Children's Center

The case concerns infant plaintiffs who were sexually abused by Sergey Reznikov, a patient at Hillside Children’s Center, during unaccompanied weekend home visits. Reznikov had a documented history of pedophilia, for which he was admitted to Hillside. Plaintiffs sued Hillside, asserting liability for negligent failure to exercise professional judgment in allowing these home visits without properly assessing supervision capabilities. The Supreme Court granted summary judgment on liability for the plaintiffs, a decision which the appellate court affirmed. The affirmation was based on Hillside's failure to discuss supervision with Reznikov's mother and a social worker's omission to inform a psychiatrist of critical information regarding Reznikov's contact with the victims.

negligenceprofessional judgmentchild sexual abusetreatment facility liabilitypedophiliasupervision failurehome visit policysummary judgmentappellate affirmancephysician-patient privilege
References
5
Case No. ADJ7650259
Regular
Aug 20, 2012

DARA HANRAHAN vs. CALIFORNIA HORSEMEN'S ALLIANCE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS INSURANCE

This case involves a workers' compensation claim where the applicant, Dara Hanrahan, sustained an injury to her eye while working as an exercise rider. The defendant argued the injury did not qualify as "high-velocity" under Labor Code section 4656(c)(3)(F) due to a lack of velocity evidence. Medical reports documented a traumatic blowout fracture of the left orbit with significant soft tissue entrapment and residual symptoms, including diplopia and ongoing facial pain. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the injury qualified for extended temporary disability benefits.

Workers' Compensation Appeals BoardDara HanrahanCalifornia Horsemen's AllianceInsurance Company of the State of PennsylvaniaChartis InsuranceADJ7650259Oakland District OfficePetition for ReconsiderationFindings Award and OrderAdministrative Law Judge
References
0
Case No. 518427
Regular Panel Decision
Nov 20, 2014

CorreavAnderson

Leeanne M. Correa, an exercise rider, was injured by an anvil falling from a co-worker's, Robert A. Anderson IV's, vehicle while borrowing a hat during employment. She and her husband filed a negligence action against Anderson. The Supreme Court dismissed the complaint, ruling it was barred by the exclusivity provisions of Workers' Compensation Law § 29 (6), as both were co-employees and the injury occurred during employment, for which plaintiff received benefits. The Appellate Division affirmed, holding that Anderson's act of lending a hat, even with the unrelated anvil, was within the scope of employment, thus triggering the exclusivity provisions of the Workers' Compensation Law and barring the negligence claim.

Co-employee negligenceWorkers' Compensation Law exclusivityScope of employmentPersonal injury claimSummary judgment dismissalAppellate reviewWorkplace incidentHorse racing industryNew York lawAnvil accident
References
11
Case No. MISSING
Regular Panel Decision
Apr 01, 2013

Correa v. Anderson

Plaintiff Leeanne M. Correa and a coworker (defendant) were employed as exercise riders. Plaintiff was injured when an anvil fell from defendant's SUV after he offered her a hat and handed her the keys, leading her to open the tailgate. Plaintiff and her husband commenced a negligence action. The Supreme Court granted defendant's motion for summary judgment, dismissing the complaint, citing the exclusivity provisions of the Workers’ Compensation Law. Plaintiffs appealed, arguing defendant was not acting within the scope of his employment when the injury occurred. The appellate court affirmed, ruling that because defendant's act of lending a hat to a coworker provided a slight advantage to the employer and was work-related, he was acting within the scope of employment, triggering the Workers' Compensation Law's exclusivity.

Workers' CompensationCoemployee LiabilityScope of EmploymentSummary JudgmentNegligencePersonal InjuryExclusivity ProvisionAppellate ReviewSaratoga CountyHorse Trainer
References
11
Case No. E2005-1549-COA-R3-CV
Regular Panel Decision
Apr 28, 2006

James Torrence v. The Higgins Family Limited Partnership

James Torrence and J.T. Lemons, lessees, sought to exercise a right of first refusal on a 370-acre tract of land after their lessor, The Higgins Family Limited Partnership, granted an option to Hunter Properties Inc. The trial court determined that the lessees properly exercised their right of first refusal and were entitled to purchase the entire property for $1,350,000. Hunter Properties appealed, contesting the validity and scope of the exercised right. The Court of Appeals affirmed the trial court's decision, concluding that the lessees' exercise of the right of first refusal was proper and extended to the entire 370-acre parcel, not just the original leased four acres.

Right of First RefusalLease AgreementOption to PurchaseReal Estate LawContract LawSummary JudgmentAppellate ProcedureProperty RightsBreach of ContractMirror Image Rule
References
10
Case No. MISSING
Regular Panel Decision

Trombley v. Socha

The case involves a dispute over a third-party indemnification claim against an employer, Sullivan, by Socha Builders, stemming from an injury sustained by a plaintiff. Socha Builders sought indemnification based on a rider signed by Sullivan in July 2004, stipulating that Sullivan would indemnify Socha Builders for claims arising from Sullivan's actions. The central issue was whether this rider constituted an express agreement for Sullivan to indemnify Socha Builders for future work, as required by Workers’ Compensation Law § 11. The court found the rider ambiguous regarding its applicability beyond a specific contract and concluded there was no sufficient "meeting of the minds" for an enforceable indemnification agreement covering the injury. Consequently, the judgment affirming that third-party plaintiffs failed to establish an express indemnification agreement was upheld.

Indemnification AgreementWorkers' Compensation Law § 11Contract InterpretationMeeting of the MindsThird-Party ClaimEmployer LiabilityContractor AgreementExpress AgreementAmbiguity in ContractCertificates of Insurance
References
8
Case No. MISSING
Regular Panel Decision

Independent Bankers Ass'n of New York State Inc. v. Marine Midland Bank, N.A.

This case involves an action brought by the Independent Bankers Association of New York State, Inc. and The Canadaigua National Bank and Trust Company against Marine Midland Bank, N.A. and Wegman’s Food Markets, Inc. Plaintiffs allege that Marine Midland violated Section 36 of the National Banking Act by operating an automated teller machine (ATM) at a Wegman's supermarket, constituting unauthorized branch banking. Concurrently, a state law claim was brought against Wegman's for violating Section 131 of the New York Banking Law, which prohibits unauthorized banking activities. Wegman's filed a motion to dismiss, arguing a lack of subject matter jurisdiction over the state law claim, specifically concerning the exercise of pendent jurisdiction over a party not otherwise subject to federal jurisdiction. The court determined that it possessed both the constitutional power under Article III and the statutory power under 12 U.S.C. Section 36 and 28 U.S.C. Section 1331 to exercise pendent party jurisdiction. Finding that judicial economy, convenience, and fairness to the litigants would be served by hearing the claims together, the court exercised its discretion and denied Wegman’s motion to dismiss.

Pendant JurisdictionNational Banking ActNew York Banking LawATMBranch BankingSubject Matter JurisdictionJudicial PowerFederal Question JurisdictionArticle IIIStatutory Construction
References
19
Case No. 08-18-00107-CV
Regular Panel Decision
Dec 13, 2019

Chandni I, Inc., a Texas Corporation Harshad Patel, an Individual Ashwin Patel, an Individual Sunil Patel, an Individual Manish Vanmali, an Individual El Paso Hospitality, LLC Mandeep, LLC Chandni Venture of Texas Inc., a Texas Corporation And Ujashiv Management, Inc., a Texas Corporation v. Dharmesh Patel

This case is an interlocutory appeal challenging the denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA). Appellants contended their motion was timely and that Appellee's claims were based on their exercise of free speech or association rights. The court affirmed the trial court's decision, ruling that the motions to dismiss for fraud and theft claims were untimely as they relied on previously asserted factual allegations. Additionally, the court found that the shareholder inspection claim was not based on the exercise of the right to petition, as it stemmed from a statutory right rather than a judicial proceeding. Consequently, Appellants were not entitled to costs or attorney's fees.

TCPAAnti-SLAPPInterlocutory AppealMotion to DismissTimelinessFraud ClaimTheft ClaimShareholder InspectionRight to PetitionFree Speech
References
15
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