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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
Dec 04, 1997

Claim of D'Accordo v. Spare Wheels & Car Shoppe

Claimant, an automobile salesperson, was injured in an accident while driving an employer's vehicle to the dealership to finalize a sale. The employer permitted salespersons to use demonstrator vehicles and conduct off-premises sales. The Workers’ Compensation Board determined that the accident occurred within the course of employment, a decision appealed by the employer and its carrier. The court affirmed, citing sufficient evidence that the claimant was engaged in work-related activity, including testimony that the employer encouraged taking vehicles to potential customers' homes and claimant's history of sales to relatives. The court concluded the Board's decision was supported by substantial evidence.

Workers' CompensationAutomobile SalesCourse of EmploymentAccidental InjuryDemonstrator VehicleOff-Premises SalesSubstantial EvidenceAppellate ReviewEmployer PolicyWork-Related Activity
References
3
Case No. 06-Civ.-2268
Regular Panel Decision
Nov 18, 2008

In Re Novartis Wage and Hour Litigation

This consolidated class action lawsuit addresses whether pharmaceutical sales representatives (Reps) employed by Novartis Pharmaceuticals Corporation (NPC) are entitled to overtime pay under the federal Fair Labor Standards Act (FLSA) and corresponding New York and California state wage laws. Plaintiffs, current and former Reps, claim they qualify for overtime, while NPC argues they are exempt as outside salespersons or administrative employees. The Court granted summary judgment for NPC, finding that the Reps are exempt from overtime requirements as outside salespersons and administrative employees under both federal and state laws. The court also noted that some highly compensated employees would also be exempt, but did not need to fully rule on that point given the broader exemptions found.

Overtime PayFLSA ExemptionOutside Sales ExemptionAdministrative ExemptionPharmaceutical IndustryWage and Hour LawsClass ActionSummary JudgmentNew York Labor LawCalifornia Labor Law
References
28
Case No. MISSING
Regular Panel Decision

J. W. Mays, Inc. v. New York State Human Rights Appeal Board

J. W. Mays, Inc. initiated a proceeding to review an order from the State Human Rights Appeal Board, which affirmed a previous order by the State Division of Human Rights. The original orders sustained a complaint against J. W. Mays, Inc. for sex discrimination and imposed a penalty. The State Division of Human Rights also cross-moved for enforcement of its order. The court found that J. W. Mays, Inc. failed to demonstrate a legitimate, non-discriminatory reason for transferring a female salesperson out of a department where all other salespersons were male. The court affirmed the prior order, dismissed J. W. Mays, Inc.'s proceeding, and granted the State Division's cross-application for enforcement, concluding that the transfer was based on sex discrimination.

Sex DiscriminationEmployment LawGender BiasWorkplace TransferHuman Rights LawExecutive LawAppellate ReviewBurden of ProofPrima Facie CaseUnlawful Discrimination
References
1
Case No. MISSING
Regular Panel Decision
Jun 01, 1992

Claim of Pikcilingis v. Macy's

Claimant, a salesperson, sustained compensable injuries to both knees in 1985, resulting in a permanent partial disability. Despite this, she returned to work with her employer, where her duties were modified to accommodate her condition. She subsequently retired in July 1990 without medical advice or consultation from her doctor. The Workers' Compensation Board determined that she had voluntarily removed herself from the labor market, leading to the denial of her claim for benefits. This decision was later affirmed on appeal.

Voluntary WithdrawalLabor MarketPermanent Partial DisabilityModified DutiesRetirementMedical ConsultationAppellate ReviewClaim DenialBoard DecisionKnee Injuries
References
0
Case No. MISSING
Regular Panel Decision

In re the Claim of Bell

The claimant, a salesperson, was disqualified from unemployment insurance benefits for voluntarily leaving employment without good cause. After a disciplinary action for watching football during work, the claimant resigned in protest. Although he later attempted to rescind his resignation, the employer refused to reinstate him. The Unemployment Insurance Appeal Board's decision, finding that quitting due to disciplinary measures does not constitute good cause and that continuing work was available, was affirmed. The court upheld the Board's resolution of credibility issues against the claimant.

Unemployment InsuranceVoluntary LeaveGood CauseDisciplinary ActionResignationWorkplace ConductAppellate ReviewCredibility DisputeBenefits DisqualificationEmployer Refusal to Reinstate
References
4
Case No. MISSING
Regular Panel Decision

Fortunato v. Opus III VII Corp.

Claimant, a salesperson, appealed two decisions by the Workers’ Compensation Board. The Board had denied his claim for workers' compensation benefits, ruling that he did not sustain a compensable accident during employment when he was allegedly struck by a car in October 2003. The Board also denied his request for reconsideration. The appellate court affirmed the Board's decision, finding that substantial evidence supported the Board's determination to reject claimant’s contention due to credibility issues, including delayed reporting and lack of witnesses or immediate medical attention.

Credibility AssessmentAccident in Course of EmploymentAppellate ReviewSubstantial EvidenceBoard DecisionFactual DeterminationWitness TestimonyDelayed Accident ReportingDenial of BenefitsSalesperson Injury Claim
References
5
Case No. MISSING
Regular Panel Decision

McRae v. Eagan Real Estate

A real estate salesperson, primarily working from her home office, sustained a back injury when she fell down stairs at her residence. The incident occurred after a business meeting with a carpet installer for her employer and just before she was to leave to perform another work-related task (removing a lockbox). A Workers’ Compensation Law Judge initially found the injury compensable, a decision upheld by the Workers’ Compensation Board. The Appellate Division affirmed, ruling that the claimant's home had become a place of employment, and her injuries arose out of and in the course of her employment.

Real Estate SalespersonWork From HomeHome Office InjuryCourse of EmploymentCompensable InjuryAppellate ReviewWorkers' Compensation BoardFallsBack InjuryBusiness Meeting
References
4
Case No. MISSING
Regular Panel Decision

Claim of Estate of Moritz v. Ascar, Inc.

William L. Moritz, a service technician and salesperson for Ascar, Inc., died in October 1984 from injuries sustained in a one-car accident. Claims for workers' compensation death and disability benefits were filed on his behalf. The Workers’ Compensation Board denied these benefits, ruling that the accident did not arise out of or in the course of employment. The appellate court affirmed the Board's decision, concluding that there was substantial evidence in the record to support the finding that Moritz’s travel at the time of the accident was purely personal and unrelated to his job, despite his temporary assignment as a branch manager.

Workers' CompensationAutomobile AccidentCourse of EmploymentPersonal TravelBlood AlcoholSubstantial EvidenceAppellate ReviewEmployer LiabilityOff-Duty ConductWork-Related Injury
References
8
Case No. ADJ7873127
Regular
May 08, 2012

MICHAEL DE SANTIAGO vs. ST, JOHN'S COMPANY, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 6% permanent disability for a lumbar spine injury. Applicant's counsel argued for 12% based on a stipulation classifying the applicant as a furniture mover (OGN 560), but the WCAB found the applicant's deposition testimony contradicted this, indicating an indoor salesperson role (OGN 212). The Board also issued a notice of intention to sanction applicant's attorney and law firm $400 for filing a petition with demonstrably false statements regarding trial necessity and misrepresented facts about the record.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityOccupational Group NumberStipulationsSanctionsLabor Code 5813Rule 10561Bad Faith Actions
References
4
Case No. MISSING
Regular Panel Decision
Dec 04, 1997

Claim of D'Accordo v. Spare Wheels & Car Shoppe of Sayville

A claimant, an automobile salesperson, was injured in an accident while driving an employer-provided vehicle to complete a sale to his brother-in-law. The Workers' Compensation Board ruled that the accident arose out of and in the course of his employment, a decision challenged by the employer and its insurance carrier. The appellate court affirmed the Board's determination, citing sufficient evidence that the claimant's activity, though off-schedule, was work-related. This was supported by coworker testimony regarding the employer's encouragement of off-site sales and the claimant's history of sales to family members, establishing a factual basis for the Board's resolution that the activity was reasonable and work-related.

Workers' CompensationAccidental InjuryCourse of EmploymentAutomobile SalesWork-Related ActivityAppellate ReviewBoard DecisionEmployer LiabilityInsurance CarrierFactual Question
References
3
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