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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

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFE INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
9
Case No. ADJ8313132
Regular
2015-05-00

Ana Garcia vs. Exemplar Enterprise, Travelers Property Casualty Company of America

This case involves a lien claim by Preferred Scan, Inc. (PSI) for photocopying services provided to the applicant's attorney. The initial ruling disallowed PSI's lien, finding it failed to meet registration and bonding requirements for professional photocopiers under Business and Professions Code sections 22450 and 22455. The Workers' Compensation Appeals Board (WCAB) reversed this decision, holding that PSI was exempt as an independent contractor of a member of the State Bar pursuant to Business and Professions Code section 22451(b). The WCAB found sufficient evidence that PSI acted as an agent or independent contractor for the attorney, thus making registration and bonding unnecessary. The case was returned to the trial level to determine the amount due on PSI's lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementsBonding RequirementsMember of the State Bar
References
9
Case No. MISSING
Regular Panel Decision

King v. Plan IT Construction & Equipment Co.

The Trustees of various Local 282 Funds, including Theodore King and Gary LaBarbera, filed an action seeking injunctive and equitable relief under ERISA against Plan It Construction & Equipment Company and Semcor Equipment and Manufacturing Corporation. The Trustees sought to compel compliance with surety bond requirements and to address delinquent contributions. While Semcor settled, the core dispute with Plan It concerned its obligation to maintain a surety bond after its collective bargaining agreement (CBA) expired. The court, finding the bond provision ambiguous regarding its termination, interpreted the parties' intent to require the bond's maintenance until a final close-out audit by the Trustees. Consequently, the court granted the plaintiffs' motion for summary judgment, ordering Plan It to post and maintain the bond.

ERISASurety BondCollective Bargaining AgreementTrust FundsDelinquent ContributionsMultiemployer PlanSummary JudgmentContract InterpretationEmployee BenefitsFiduciary Duty
References
24
Case No. MISSING
Regular Panel Decision

Bond v. Sterling, Inc.

Christine Bond sued her former employers, Sterling, Inc. and Kay Jewelers, Inc., alleging sex, disability, and pregnancy-based discrimination under federal and New York State laws. Defendants moved for partial dismissal, while Bond cross-moved for partial judgment on the pleadings and to amend her complaint. The court denied dismissal for pregnancy discrimination (Count One) and a claim for punitive damages (Count Five), but granted dismissal for disability discrimination (Count Two), finding that breast-feeding does not constitute a disability under the New York Human Rights Law. Bond's cross-motion for judgment on the pleadings was denied. Her motion to amend was partially granted to add Sterling Jewelers, Inc. as a defendant and to include specific language regarding pregnancy discrimination, but denied for other proposed claims.

DiscriminationPregnancy DiscriminationDisability DiscriminationFamily Medical Leave ActBreastfeedingEmployment LawNew York Human Rights LawCivil Rights LawMotion to DismissJudgment on Pleadings
References
32
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision
Mar 27, 2002

McGreevy v. Jameson

Plaintiff David P. McGreevy, a truck driver for Capital Cities Leasing Corporation, and his spouse initiated an action against Bonded Concrete, Inc. and Deirdre F. Jameson following a vehicle collision involving a truck owned by Bonded Concrete. The plaintiffs alleged negligence in truck maintenance. Bonded Concrete moved for summary judgment, asserting that McGreevy was a special employee covered by workers' compensation, thus barring the lawsuit. The Supreme Court denied this motion, citing a material issue of fact concerning McGreevy's employment status. The appellate court affirmed this decision, finding that despite some evidence supporting special employment, conflicting testimony regarding supervision and control precluded summary judgment and necessitated further factual determination.

Special EmploymentSummary JudgmentWorkers' Compensation BenefitsEmployer LiabilityControl and SupervisionFactual IssueAppellate ReviewNegligence ClaimTruck AccidentVicarious Liability
References
3
Case No. 70 Civ. 1374; 70 Civ. 1642
Regular Panel Decision

Socialist Workers Party v. Rockefeller

This consolidated suit challenged several sections of the New York State Election Law impacting independent political parties' access to the ballot for the November 1970 general election. Plaintiffs, including the Socialist Workers Party, Socialist Labor Party, and Freedom and Peace Party, alleged that provisions such as signature distribution requirements, voter registration restrictions, witness authentication, literacy tests, and unequal access to voter lists unconstitutionally burdened minority parties and diluted voter rights. The three-judge court ruled certain sections unconstitutional, specifically the statewide signature distribution requirement, the prohibition on newly registered voters signing independent petitions, and the unequal provision of free voter lists to major parties. Conversely, the court upheld the disqualification for primary election voters, the English literacy test (deferring to Supreme Court precedent), and the appointment process for election commissioners. Other challenged provisions regarding dual petition signing and witness knowledge were deemed constitutionally permissible under specific judicial interpretations.

Election Law ChallengesIndependent Political PartiesVoter RightsBallot Access RestrictionsEqual Protection ClauseFirst Amendment FreedomsNominating PetitionsLiteracy TestsVoter ListsElection Commissioners
References
42
Case No. ADJ7721818 ADJ7721448
Regular
Feb 04, 2013

JERRY BONDS vs. LANDJET MOTOR CARRIER, STATE COMPENSATION INSURANCE FUND

This case involves applicant Jerry Bonds' workers' compensation claims against Landjet Motor Carrier and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Bonds' Petition for Reconsideration. The dismissal is based on the grounds that the petition was not timely filed. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in their decision.

Petition for ReconsiderationDismissedTimely FiledWCJ ReportWorkers' Compensation Appeals BoardLandjet Motor CarrierState Compensation Insurance FundADJ7721818ADJ7721448Pomona District Office
References
0
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