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

Case No. ADJ3987000 (POM 0290737)
Regular
Feb 09, 2011

ROBERTO DOUMER vs. REYNOLDS BUICK GMC, EVEREST NATIONAL INSURANCE COMPANY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTECARE for HIH AMERICA INSURANCE COMPANY, In Liquidation, STATE COMPENSATION INSURANCE FUND and SENTRY CLAIMS SERVICES

This case involves an applicant, Roberto Doumer, against multiple defendants, including Reynolds Buick GMC and various insurance entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the arbitrator's report in its reasoning for denial. Therefore, the applicant's petition for reconsideration has been formally rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportDenial of ReconsiderationRoberto DoumerReynolds Buick GMCEverest National Insurance CompanyBerkshire Hathaway Homestate CompaniesCalifornia Insurance Guarantee AssociationHIH America Insurance Company
References
0
Case No. MISSING
Regular Panel Decision

Rosenburg v. Angiuli Buick, Inc.

Howard Rosenburg was injured in a slip and fall accident on premises owned by Angiuli Buick, Inc., receiving workers' compensation from his employer, Angiuli Dodge, Inc. Both corporations were solely owned and operated by Sam Angiuli and shared the same business address. Rosenburg sued Angiuli Buick, Inc. for personal injuries, but the Supreme Court granted summary judgment, asserting that common ownership shielded the defendant from liability under the Workers' Compensation Law's exclusive remedy provision. The appellate court reversed this decision, holding that Angiuli Buick, Inc. was a separate legal entity from Angiuli Dodge, Inc. Consequently, Angiuli Buick, Inc. was not immune to tort liability despite the common ownership, and the plaintiffs' personal injury claim was reinstated.

Personal InjurySlip and FallWorkers' Compensation LawSummary JudgmentCorporate VeilSeparate Legal EntityTort LiabilityAppellate ReviewCommon OwnershipEmployer Liability
References
5
Case No. MISSING
Regular Panel Decision
Feb 23, 1995

Hansen v. Dean Witter Reynolds Inc.

Plaintiff Michele Hansen brought an action against her former employer, Dean Witter Reynolds Inc., alleging sex and pregnancy discrimination under Title VII, the Pregnancy Discrimination Act, and the New York Human Rights Law. Hansen claimed her termination from her position as Assistant Vice President/Intermediate Mortgage-Backed "Repo" Trader was discriminatory. Following a bench trial, the court found that Hansen failed to establish that Dean Witter terminated her on the basis of her sex or pregnancy, or that the employer's stated reasons for termination were pretextual. The court also denied Hansen's motion for sanctions related to the destruction of trading tickets, concluding that Dean Witter was not on notice of the tickets' specific relevance to the litigation. Consequently, the plaintiff's complaint was dismissed.

Sex DiscriminationPregnancy DiscriminationEmployment TerminationTitle VIINew York Human Rights LawPretext for DiscriminationHostile Work Environment ClaimSpoliation of EvidenceRule 37(b) SanctionsBurden of Proof
References
11
Case No. ADJ398757 (LBO 0393631)
Regular
Dec 24, 2010

GARY E. MORGAN vs. REYNOLDS BUICK, GMC & PONTIAC, ICW GROUP

The applicant sought removal, arguing that proceeding to trial on injury arising out of and occurring in the course of employment (AOE/COE) without a Qualified Medical Evaluator (QME) opinion would be prejudicial. The defendants asserted factual defenses and their due process rights. The Appeals Board granted removal, finding that the applicant carries the burden of proof for AOE/COE. Therefore, the Board amended the trial order to exclude AOE/COE, allowing only the issue of travel expenses for a QME evaluation to be tried.

Petition for RemovalAOE/COEQualified Medical EvaluatorPQMECompensabilityTravel ExpensesLabor Code Section 4060Burden of ProofIndustrial InjuryMedical-Legal Evaluation
References
0
Case No. MISSING
Regular Panel Decision
Sep 25, 2001

Songui v. City of New York

The plaintiff, a welder hired by Reynolds Shipyard Corporation, was injured after falling from a scaffold inside a barge during repairs. The plaintiff sued Reynolds and the City of New York, alleging negligence under the Jones Act and various Labor Law sections. Reynolds moved for summary judgment, arguing the plaintiff was not a "seaman" under the Jones Act and was limited to benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which the court agreed with, dismissing the claims against Reynolds. The City of New York appealed the denial of its motion for summary judgment to dismiss the Labor Law § 241 (6) claim, asserting LHWCA preemption. However, the court affirmed the denial, holding that the LHWCA does not preempt Labor Law § 241 (6) under these circumstances, as the City, as a vessel owner, would still be subject to liability predicated on fault, which is consistent with maritime law.

Personal InjuryScaffold AccidentMaritime LawJones ActLHWCALabor LawFederal PreemptionSummary JudgmentSeaman StatusVessel
References
11
Case No. ADJ7234390, ADJ8072470
Regular
Aug 21, 2014

CARLOS LARA vs. MILLICENT REYNOLDS LIVING TRUST

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, finding the applicant was employed by Millicent Reynolds. Removal was granted on the Board's own motion to correct the prior award. The original award incorrectly listed "Millicent Reynolds/Mallcraft" as the employer, and the Board clarified that only Millicent Reynolds was the employer. The decision affirmed the award of workers' compensation benefits against Majestic Insurance Company.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting RemovalDecision After RemovalJoint Findings and AwardGeneral LaborerPresumed EmploymentLabor Code Section 3357Rebutting PresumptionContribution Claim
References
5
Case No. MISSING
Regular Panel Decision

Reynolds v. International Paper Co.

Harold S. Reynolds was injured by a falling tree limb ("widowmaker") while felling trees for his employer, James T. Ratliff, on land owned by IP Timberlands Operating Company, with timber rights held by International Paper Company. Reynolds and his wife sued, alleging defendants' negligence based on constructive knowledge of a dangerous condition. The court found that the "widowmaker" was an inherent logging danger, of which Reynolds was aware, and ultimate responsibility for hazard checks lay with the logger. The court also dismissed claims against both defendants under Workers' Compensation Law § 56, as IP Timberlands was not party to the contract, and International Paper had no liability since plaintiff received benefits from his employer's coverage. Consequently, the defendants' motion for summary judgment was granted, and the complaint dismissed.

Logging AccidentWidowmaker InjuryLandowner LiabilitySummary Judgment AppealWorkers' Compensation LawIndependent Contractor RelationshipDuty to WarnAssumption of RiskTimber HarvestingNegligence Claim
References
4
Case No. MISSING
Regular Panel Decision

Baron Buick, Inc. v. Local 259

Plaintiff Baron Buick, Inc. filed an action seeking a permanent stay of arbitration initiated by defendant Local 259, UAW. The Union asserts its collective bargaining agreement with Caplan Buick, Inc., Baron's predecessor, survived a sale of assets and binds Baron to arbitrate. Baron denies this obligation, arguing the agreement did not survive the asset transfer. The court confirmed jurisdiction under Section 301 of the Labor-Management Relations Act. The central legal question is whether there is 'substantial continuity of identity' between Caplan and Baron, a determination that must be made by the court. Due to factual disputes requiring further evidence, the court temporarily stayed arbitration pending the completion of discovery.

ArbitrationCollective Bargaining AgreementSuccessor EmployerSale of AssetsLabor-Management Relations ActSubstantial ContinuityJurisdictionStay of ArbitrationDiscoveryEmployer Obligations
References
15
Case No. MISSING
Regular Panel Decision

Findlay v. Reynolds Metals Co., Inc.

Plaintiff Norman Findlay brought an action against Reynolds Metals Company, Inc. and Aluminum, Brick and Glass Workers International Union Local 450, alleging race and color discrimination, denial of equal employment opportunities, and retaliation under Title VII and 42 U.S.C. § 1981. Defendant Reynolds moved for summary judgment. The court dismissed Findlay's disparate treatment claim due to failure to exhaust administrative remedies and lack of merit. The court also granted summary judgment on the hostile work environment claim, finding the alleged incidents not severe or pervasive enough. Furthermore, the retaliation claim and the Section 1981 claim, based on the same incidents, were dismissed as Findlay failed to demonstrate pretext for discrimination.

Racial DiscriminationHostile Work EnvironmentRetaliationTitle VIISection 1981Summary JudgmentEmployment DiscriminationAdministrative ExhaustionContinuing Violation DoctrineDisparate Treatment
References
76
Case No. ADJ9099771
Regular
Apr 18, 2014

Gary Reynolds vs. Michael Thomas Connolly, Beverly Connolly

This Workers' Compensation Appeals Board decision grants reconsideration to remove Beverly Connolly as a named employer, as she was never properly joined in the proceedings. The Board affirms the original finding that Gary Reynolds was an employee of Michael Thomas Connolly, based on Labor Code § 2750.5's conclusive presumption for work exceeding $500 when the worker lacks a valid contractor's license. The employer's arguments regarding estoppel, due process, and the UEBTF's joinder were rejected. The Board found that Reynolds was not an excluded employee under Labor Code § 3352(h) as the work was for Connolly's rental business, not his personal residence.

WCABPetition for ReconsiderationFindings and AwardEmployee StatusBeverly ConnollyUninsured Employers Benefits Trust FundUEBTFContractor's LicenseEstoppelLabor Code Section 2750.5
References
5
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