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

Case No. ADJ66969540
Regular
Sep 23, 2010

MARY MATHEWS vs. SUN MICROSYSTEMS; permissibly self-insured, GREENFIELD-THOMPSON and is currently MATRIX ABSENCE MANAGEMENT, INC.

This case involves Mary Mathews seeking workers' compensation from Sun Microsystems and its administrators. The Workers' Compensation Appeals Board (WCAB) has denied Mathews' Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge, finding no grounds to overturn the prior decision. Therefore, the Petition for Reconsideration was formally denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationadministrative law judgedenial of reconsiderationSUN MICROSYSTEMSMATRIX ABSENCE MANAGEMENTINC.self-insuredGREENFIELD-THOMPSONADJ66969540
References
0
Case No. 531567
Regular Panel Decision
Jan 13, 2022

In the Matter of the Claim of Yi Sun

Claimant Yi Sun appealed a Workers' Compensation Board decision from August 14, 2020, which denied her request to reopen two workers' compensation claims and seek an increase in benefits. Sun, a former jeweler technician and hotel housekeeper, had established claims in 2002 and 2008 for occupational bronchitis and work-related injuries, respectively, both resulting in permanent partial disabilities. She sought reclassification and emergency assistance due to worsened conditions and exhaustion of indemnity benefits. The Board denied her request, finding insufficient evidence of a material change in condition and untimely filing for an extreme hardship redetermination. The Appellate Division affirmed the Board's decision, finding no abuse of discretion given the lack of medical documentation to support a change in her condition and her failure to meet the requirements for an extreme hardship redetermination under Workers' Compensation Law § 35 (3).

Reopening claimsPermanent partial disabilityWage-earning capacityIndemnity benefitsExtreme hardshipReclassificationWorkers' Compensation BoardAppellate reviewMedical evidenceChange in condition
References
4
Case No. 2022 NY Slip Op 00226
Regular Panel Decision
Jan 13, 2022

Matter of Yi Sun v. State Ins. Fund

Claimant Yi Sun appealed a Workers' Compensation Board decision from August 14, 2020. The Board had denied her request to reopen two prior workers' compensation claims, citing insufficient evidence of a material change in her condition warranting reclassification and an untimely request for an extreme hardship redetermination. The Appellate Division affirmed the Board's decision, finding no abuse of discretion. The court noted the absence of medical reports to support her claim of worsened conditions. Additionally, her request for extreme hardship redetermination was outside the statutory timeframe and she did not meet the necessary threshold of a greater than 75% loss of wage-earning capacity.

Workers' CompensationPermanent Partial DisabilityReclassificationExtreme HardshipIndemnity BenefitsWage-Earning CapacityAbuse of DiscretionAppellate ReviewMaterial Change in ConditionOccupational Bronchitis
References
4
Case No. ADJ1513511
Regular
Sep 21, 2015

RIZALINA DERRO vs. KAISER PERMANENTE, WEST ANAHEIM MEDICAL CENTER, TERRACE VIEW CONVALESCENT HOSPITAL, COVENANT CARE, SOUTH GATE CARE CENTER, BROADSPIRE, SUN HEALTH CARE, AIG CLAIM SERVICES

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sun Health Care/Regency and CNA Claims Plus liable for the applicant's left wrist injury. The applicant sustained a cumulative trauma injury to her left wrist during the period of 11-1-1995 to 11-1-1996, while employed by both Covenant Care (insured by AIG) and Sun Health Care (insured by CNA). A previous Compromise and Release barred claims against Covenant Care and AIG, leaving Sun Health Care and CNA liable. The Board adopted the WCJ's report, which relied on medical evidence and legal precedent to uphold the finding of industrial injury and liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCumulative TraumaLeft Wrist InjuryCarpal Tunnel SyndromeCompromise and ReleaseApportionmentDate of InjuryMedical Probability
References
0
Case No. MISSING
Regular Panel Decision

Sun Trading Distributing Co. v. Evidence Music, Inc.

Plaintiff Sun Trading Distributing Co., doing business as Muse Records and Landmark Records, filed a lawsuit against Evidence Music, Inc. and Kenwood Electronics Corp. alleging unfair competition under Section 43(a) of the Lanham Act and New York State common law. The core of the complaint revolved around the defendants' alleged unauthorized exploitation of sound recordings by jazz artists John Hicks, Edward “Sonny” Stitt, and Antoine Roney. Sun Trading claimed false designation of origin (reverse passing off) for the Stitt recording and false advertising for the Roney recording, leading to consumer confusion. The court granted the defendants' motion for summary judgment on the Lanham Act claims, finding insufficient evidence of actual or likelihood of consumer confusion. Consequently, the court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice, and denied the plaintiff's cross-motion to amend the complaint.

Lanham ActUnfair CompetitionTrademark InfringementCopyrightSound RecordingsJazz MusicConsumer ConfusionSummary JudgmentSupplemental JurisdictionBreach of Contract
References
23
Case No. 2020 NY Slip Op 07356 [189 AD3d 1001]
Regular Panel Decision
Dec 09, 2020

Fazzolari v. Sun Enters., LLC

The plaintiff, Joseph Fazzolari, allegedly sustained personal injuries from a fall in a CVS store. He was employed by CVS Rx Services, Inc., and CVS Albany, LLC, was the leaseholder of the premises. CVS Albany and CVS Rx moved for summary judgment, asserting an alter ego defense under the Workers' Compensation Law to dismiss the complaint against CVS Albany. The Supreme Court denied this motion. The Appellate Division affirmed the Supreme Court's decision, concluding that CVS Albany failed to demonstrate prima facie that it and CVS Rx operated as a single integrated entity or that one controlled the other's day-to-day operations, which is crucial for the alter ego defense.

Personal InjuryWorkers' Compensation LawAlter Ego DoctrineSummary JudgmentPremises LiabilityCorporate VeilAppellate DivisionNassau CountyFall AccidentEmployer Liability
References
6
Case No. MISSING
Regular Panel Decision

Claim of Barnard v. Lockport Union Sun & Journal, Inc.

A 13-year-old newspaper carrier was injured by a stone while traveling to his designated newspaper pickup location. The Workers' Compensation Board disallowed the claim, asserting that the injury did not arise out of or in the course of employment because the claimant had not yet reached his fixed work site. On appeal, the court affirmed the Board's decision, upholding the

Workers' CompensationEmployment InjuryGoing and Coming RuleNewspaper DeliveryMinor EmployeeScope of EmploymentFixed Place of EmploymentAppellate ReviewClaim DisallowanceTravel to Work
References
0
Case No. MISSING
Regular Panel Decision

Hroncich v. Sun Export Holding Corp.

Defendant shipowner Sun Export and codefendant Weeks Crane moved to dismiss an action brought by a longshoreman. They contended the action was not commenced within six months after the plaintiff settled a compensation claim under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), which, they argued, assigned the right to sue to the employer or its insurer. The plaintiff asserted that his employer had ratified his commencement of the action, waived its right to sue, and agreed to be bound by the result. The court, referencing Rodriguez v Compass Shipping Co., acknowledged the statutory assignment but ultimately found that an employer is free to reassign or ratify an action brought by its employee. This reassignment or ratification does not violate the rule against assigning personal injury claims, leading the court to deny the defendants' motion.

Longshoremen’s and Harbor Workers’ Compensation ActLHWCAStatutory AssignmentThird-Party ActionEmployer RatificationMotion to DismissPersonal Injury ClaimsSubrogationSix-Month RuleFederal Jurisdiction
References
4
Case No. ADJ4558222 (SJO 0245951)
Regular
Nov 12, 2006

MARK STEPHENS vs. SUN MICROSYSTEMS, permissibly self-insured, administered by MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding that the applicant's claim for further medical treatment was barred by the one-year statute of limitations under Labor Code section 5405. Despite the applicant's argument regarding inadequate notice based on the *Carls* decision, the Board concluded that the defendant provided all legally required notices following the industrial hernia injury. Therefore, the applicant's application, filed more than one year after the date of injury, expiration of payments, and last furnished medical benefits, was dismissed.

Labor Code section 5405statute of limitationsreconsiderationFindings and AwardApplication for Adjudication of Claimtollingactual knowledgeadequate noticelegally required noticesself-insured
References
5
Case No. MISSING
Regular Panel Decision
Feb 21, 2011

Solnin v. Sun Life and Health Ins. Co.

Plaintiff Janet Solnin sued multiple insurance companies under ERISA to recover long-term disability benefits after a work-related back injury. Following a prior court remand, defendants GE Group Life Assurance Company, Genworth, Sun Life, and Phoenix Life were tasked with re-evaluating her claim. Defendants moved for summary judgment, arguing Plaintiff failed to exhaust administrative remedies by not cooperating with requests for an Independent Medical Examination (IME) and medical records. The court denied the motion, ruling that the ERISA regulatory deadlines for benefit determination applied post-remand, and the defendants had failed to technically or substantially comply with these deadlines, thus deeming Solnin's claim denied by operation of law. The court also declined to apply any tolling doctrine given insufficient briefing.

ERISALong-Term Disability BenefitsSummary Judgment MotionAdministrative ExhaustionDeemed Denied ClaimArbitrary and Capricious ReviewSubstantial Compliance DoctrineTolling of DeadlinesIndependent Medical Examination (IME)Regulatory Compliance
References
26
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