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

Case No. ADJ19072601
Regular
May 12, 2025

THERESA DORAN vs. LAM RESEARCH CORPORATION, SAFETY NATIONAL CASUALTY CORPORATION

Defendant Safety National Casualty Corporation sought removal of a Workers' Compensation Administrative Law Judge's order limiting a subpoena duces tecum for medical records to only the applicant's upper extremities. Defendant argued this limitation infringed upon their right to broad discovery of medical records. The Workers' Compensation Appeals Board reviewed the petition, applicant's answer, and the WCJ's recommendation, ultimately finding that the WCJ failed to provide a clear basis or evidence for the limitations imposed. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's limiting order, and returned the matter to the district office for further proceedings consistent with their opinion.

Petition for RemovalSubpoena Duces TecumOrder Limiting DiscoveryUpper ExtremitiesDue ProcessFair HearingAdmitted EvidenceCompleteness of RecordGood CauseRescinded Order
References
7
Case No. ADJ2024655 (SAC 0331505)
Regular
Apr 24, 2009

MAURICE WEBSTER vs. JOHN L. SULLIVAN CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

This order denies Maurice Webster's petition for reconsideration in his workers' compensation case against John L. Sullivan Chevrolet and Safety National Casualty Corporation. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Finding no basis for reconsideration, the WCAB adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationMaurice WebsterJohn L. Sullivan ChevroletSafety National Casualty CorporationADJ204655SAC 0331505Gregory G. Aghazarian
References
0
Case No. ADJ8675755
Regular
Dec 30, 2014

MARIA MATA vs. PARK VIEW GARDENS, SAFETY NATIONAL CASUALTY CORPORATION, YORK SERVICES GROUP, INC.

This case involves a Petition for Removal filed by the defendants, Park View Gardens and Safety National Casualty Corporation. The defendants sought removal of an interlocutory order allowing applicant Maria Mata to conduct further discovery related to additional claimed body parts. The Workers' Compensation Appeals Board denied the petition, finding no showing of significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Administrative Law Judge's report recommended denial, noting the defendants' prior awareness of the additional body parts and their lack of timely objection to discovery.

Workers' Compensation Appeals BoardPetition for RemovalInterlocutory OrderSignificant PrejudiceIrreparable HarmReconsiderationFinal OrderDeclaration of ReadinessOff CalendarFurther Discovery
References
0
Case No. ADJ854108 (OAK 0281808)
Regular
Oct 07, 2008

PATRICIA BECK vs. INTEGRATED DEVICES TECHNOLOGY, SAFETY NATIONAL CASUALTY CORPORATION, MATRIX ABSENCE MANAGEMENT, RANDSTAND, CIGA ON BEHALF OF LEGION INSURANCE IN LIQUIDATION, BROADSPIRE

This case involves an applicant who sustained an industrial injury to her left thumb, hand, and wrist while employed by both a general employer (Randstand) and a special employer (Integrated Devices Technology, IDT). The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct minor errors in the original Findings and Award, specifically regarding citations to the Insurance Code and the identification of the general employer. The WCAB affirmed the original decision that IDT's insurer, Safety National Casualty Corporation, constitutes "other insurance," thereby relieving CIGA of liability for the claim.

Workers' Compensation Appeals BoardIntegrated Devices TechnologySafety National Casualty CorporationMatrix Absence ManagementRandstandCIGALegion InsuranceBroadspirespecial employergeneral employer
References
2
Case No. 2023 NY Slip Op 03994
Regular Panel Decision
Jul 28, 2023

Miller v. W Servs. Group, LLC

David L. Miller (plaintiff) sustained injuries from a slip and fall, receiving workers' compensation benefits from Safety National Casualty Corp., the insurer for his employer, Apple, Inc. Miller settled his personal injury claim against W Services Group, LLC for $1,350,000. He then attempted a "walk away" agreement with Safety National, where the insurer would waive its lien in exchange for Miller waiving future workers' compensation benefits. After an initial agreement by email, Safety National reneged upon learning Miller returned to work. The Supreme Court in Onondaga County enforced this settlement, but the Appellate Division, Fourth Department, reversed, ruling that any such agreement involving a waiver of a workers' compensation lien requires approval from the Workers' Compensation Board to be enforceable. The matter was remitted to the Supreme Court for further proceedings on alternative relief.

Workers' Compensation LawSettlement EnforceabilityLien WaiverAppellate ProcedureJudicial ReviewWorkers' Compensation BoardThird-Party LiabilityInsurance SubrogationContract DisputeStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision

National Casualty Co. v. Allcity Insurance

This case concerns an appeal from an order of the Supreme Court, Bronx County, which initially denied Allcity Insurance Company's motion for summary judgment and granted National Casualty Company's cross-motion for reimbursement. The underlying dispute involved National's request for one half of settlement and defense costs from Allcity, stemming from a personal injury action where the owner and general contractor were additional insureds on a subcontractor's general liability policy. The appellate court unanimously reversed the lower court's decision, granting Allcity's motion and denying National's cross-motion. The reversal was based on the antisubrogation rule, which precluded National from seeking recovery from Allcity, the subcontractor's workers' compensation carrier, as Allcity would not have been obligated to contribute to the settlement. Consequently, the complaint against Allcity was dismissed.

Summary JudgmentAntisubrogation RuleAdditional InsuredReimbursementDefense CostsGeneral Liability PolicyWorkers' Compensation CarrierAppellate DivisionInsurance LawPersonal Injury Action
References
2
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

National Casualty Co. v. City of Poughkeepsie

This memorandum order addresses a declaratory judgment action initiated by National Casualty Company against the City of Poughkeepsie. The insurer sought a declaration that its policy did not cover the City's liability stemming from a third-party claim made by the County of Dutchess, which arose from an injury to a City police officer. The insurer cited policy exclusions related to workers' compensation and law enforcement injuries. However, the City moved for summary judgment, asserting the insurer's responsibility. The court granted the City's motion, ruling that the insurance policy covers the City's liability to third parties, based on New York law and the principle of resolving policy ambiguities against the insurer.

Workers' CompensationInsurance Policy ExclusionDeclaratory JudgmentThird-Party ClaimsEmployer LiabilityDuty to DefendPolicy InterpretationFederal Court JurisdictionPolice Officer InjurySummary Judgment
References
19
Case No. ADJ8835104
Regular
Feb 21, 2023

SHERRY DULANEY vs. JOHN MUIR MEDICAL CENTER, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify that Labor Code section 5814 penalties for delayed compensation are payable to the applicant, not their attorney. The Board affirmed the WCJ's decision to award penalties due to the defendant's unreasonable delay in paying a settlement award. The issue of separate section 5814.5 fees was deferred for further consideration. The decision confirms the applicant's entitlement to penalties for late payment of compensation.

WCABPetition for ReconsiderationLabor Code section 5814penaltiesunreasonable delayattorney feesStipulation with Request for AwardAdjudication Numberpermanent disabilityindustrial injury
References
1
Case No. ADJ18492736
Regular
Sep 30, 2025

MARIA HERNANDEZ vs. VALLARTA FOOD ENTERPRISES, INC.; SAFETY NATIONAL CASUALTY CORPORATION

The Workers' Compensation Appeals Board reviewed a petition for reconsideration filed by Safety National Insurance, challenging a WCJ's finding that Maria Hernandez sustained injury to multiple body parts. The Board found the treating physician's report lacked substantial medical evidence due to inadequate records and a flawed job description. Additionally, the Qualified Medical Evaluator's (QME) reports were incomplete and inconsistent regarding all body parts except the left hand. Consequently, the Board granted reconsideration, rescinded the original decision, and substituted new findings, determining that Hernandez sustained a cumulative injury only to her left hand while deferring the issue of injury to other body parts for further development of the record.

WCABPetition for ReconsiderationFindings of Fact and Ordersubstantial medical evidenceQualified Medical Evaluator (QME)cumulative traumabilateral shoulderswristshandsleft hand injury
References
19
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