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

Case No. ADJ7701496
Regular
Nov 08, 2012

GILBERTO SALDANA vs. SCOTT CHUONG, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding that Scott Chuong was not the applicant's employer when he sustained a back injury while painting Chuong's home. The applicant was instead found to be employed by Filiberto Montano, an unlicensed and uninsured contractor who hired the applicant. The WCAB also imposed $250 in sanctions against the applicant's attorney for frivolous filings and violations of WCAB Rules, finding no good cause to excuse these actions.

Workers' Compensation Appeals BoardGilberto SaldanaScott ChuongFarmers Insurance ExchangeADJ7701496Opinion and Decision After ReconsiderationOrder Imposing SanctionsLabor Code section 5813WCAB Rule 10561Filiberto Montano
References
1
Case No. MISSING
Regular Panel Decision
Mar 04, 1996

Javid v. Scott

Plaintiffs Eleanor Javid (as administratrix of Tige Javid's estate) and Kamal and Eleanor Javid (Tige's parents) filed a § 1983 action against Officer Edward Scott and the Village of Monroe, alleging excessive deadly force by Scott and inadequate screening/training policies by the Village. Defendants moved for summary judgment, arguing Scott's actions were shielded by qualified immunity and the Village had no valid § 1983 claim against it. The court denied summary judgment regarding claims against Scott, citing genuine issues of material fact concerning the objective reasonableness of his use of deadly force. Initially deferring consideration of claims against the Village for discovery, the court later dismissed these claims with prejudice after plaintiffs announced their discontinuation. The decision allows the claims against Scott to proceed to trial, while absolving the Village of liability in this specific action.

Excessive forcePolice misconductQualified immunitySummary judgmentFourth AmendmentSection 1983Deadly forceMunicipal liabilityRespondeat superiorConstitutional rights
References
24
Case No. MISSING
Regular Panel Decision
Jan 17, 1995

Scott v. Dime Sav. Bank of New York, FSB

The Scotts (Evelyn A. Scott and Leon Scott) sued The Dime Savings Bank of New York, FSB (Dime) for fraud, breach of fiduciary duty, and negligence. A jury found in favor of the Scotts on the breach of fiduciary duty and negligence claims, awarding $36,000, and assigning 54% fault to the Scotts for negligence. The Dime moved for judgment as a matter of law to dismiss these claims and for summary judgment on its counterclaim for mortgage foreclosure. The court denied the Dime's motion to dismiss the breach of fiduciary duty and negligence claims, upholding the jury's verdict due to evidence of a fiduciary relationship beyond a simple debtor-creditor, arising from the Dime's promotion of investments through its affiliate, Invest. The court granted the Dime's motion for foreclosure on the Scotts' mortgage, conditional on Mrs. Scott receiving a life tenancy. The court reasoned that the $36,000 damages pertained to investment losses, not the loan's validity, and the Scotts were in default. The awarded damages were set off against the amounts owed on the counterclaim.

Fiduciary Duty BreachNegligence ClaimsMortgage ForeclosureStock Market InvestmentsGlass-Steagall Act ImplicationsBank Affiliate LiabilityJury Verdict ReviewJudgment as Matter of LawEquitable DefensesPro Se Representation
References
29
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Scott v. R. M. Stevenson Motors, Inc.

Paul W. Scott, a part-time body repairman, died from an injury sustained while working on a car for R. M. Stevenson Motors, Inc. Initially, a Workers' Compensation Law Judge found an employer-employee relationship, but the Workers' Compensation Board reversed this, concluding Scott was an independent contractor. R. M. Stevenson Motors, Inc. and its carrier appealed the Board's determination. The appellate court affirmed the Board's decision, citing substantial evidence that Scott operated as an independent contractor due to factors like lack of supervision, working on his own schedule, providing his own tools, and receiving a fixed payment upon completion. The court highlighted that no single factor is conclusive in determining an employment relationship.

employment relationshipindependent contractorworkers' compensationaccidental deathscope of employmentcontrol testmethod of paymentfurnishing equipmentright to dischargeappellate review
References
4
Case No. MISSING
Regular Panel Decision
Mar 02, 2017

United States v. Scott

Mr. Scott, a 46-year-old African American male from Queens, New York, pled guilty to one count of conspiracy to distribute and possess with intent to distribute heroin. He was involved in a drug trafficking organization in Queens. His addiction to heroin stemmed from prescription painkillers for a knee injury. On March 2, 2017, he was sentenced to time-served (approximately 20 months), three years of supervised release, and a $100 special assessment. The court considered the nature of the offense, the defendant's characteristics, and the advisory sentencing guidelines, emphasizing parsimony in incarceration due to the defendant's acceptance of responsibility, stable family, and job prospects.

Conspiracy to DistributeHeroin TraffickingSentencing GuidelinesDrug AddictionPrescription Opioid MisuseSupervised ReleaseCriminal History Category VIAcceptance of ResponsibilityCareer OffenderFederal Sentencing
References
15
Case No. MISSING
Regular Panel Decision

Scott v. American Airlines, Inc.

Plaintiffs Marie Scott and Lori Fahs, employees of American Airlines, sought a preliminary injunction to prevent their employer from prohibiting them from wearing Transport Workers Union (TWU) pins and from disciplining them for doing so. The defendant argued that the pins caused disruption to efficiency and customer relations, unlike pins worn by employees of certified unions. However, the court found no rational basis for the employer to forbid agents seeking union recognition from wearing union pins, especially since other unionized employees were permitted to wear them. The court concluded that the employer's actions constituted unlawful interference with the employees' right to organize under the Railway Labor Act and the Labor Management Relations Act, as it interfered with the designation of representatives and employee self-organization. The motion for a preliminary injunction was therefore granted.

Union insigniaPreliminary injunctionLabor lawRailway Labor ActLabor Management Relations ActEmployee rightsUnion organizingWorkplace disciplineEmployer interferenceCollective bargaining
References
7
Case No. CV-25-0385
Regular Panel Decision
Dec 31, 2025

In the Matter of the Claim of Scott Brady

This case concerns an appeal from a Workers' Compensation Board decision regarding Scott T. Brady's claim for psychiatric injuries. Brady died before an independent medical examination or hearing could be held. The Board ruled the claim abated due to his death, citing the employer's inability to adequately develop the record, cross-examine the claimant, or conduct a medical examination. The Appellate Division affirmed this decision, finding no abuse of discretion in the Board's determination. The court emphasized that the employer's due process rights would be infringed if the claim proceeded without proper investigation of the controverted conditions after the claimant's death.

Workers' CompensationAbatement of ClaimPsychiatric InjuriesIndependent Medical ExaminationDue ProcessCross-examinationEstateDeath BenefitsAppellate ReviewThird Judicial Department
References
9
Case No. MISSING
Regular Panel Decision

Scott Ex Rel. Norris v. Barnhart

This case involves Mary Scott, on behalf of Robert Norris, appealing the Commissioner of Social Security's final determination that Robert Norris was not disabled. The case has a long and troubled history, having been remanded by district courts on three previous occasions due to defects in administrative hearings. The current District Judge, David G. Larimer, is again remanding the case, finding legal errors in the ALJ's decision. Specifically, the ALJ erred in adopting findings from reversed decisions, failing to follow Appeals Council directives, and making findings not supported by substantial evidence regarding Norris's ability to engage in substantial gainful activity and perform other work. Despite the lengthy delay and repeated errors by the Commissioner, the court remands for further expedited proceedings, rather than granting benefits, consistent with Second Circuit precedent.

Social Security DisabilityRemand OrderAdministrative Law Judge ErrorResidual Functional CapacityTreating Physician RuleSubstantial Gainful ActivityVocational Expert TestimonyJudicial ReviewAppeals Council DirectivesMedical Evidence Evaluation
References
22
Case No. MISSING
Regular Panel Decision

Currie v. Scott Contracting Corp.

Plaintiff Lawrence T. Currie sustained personal injuries after falling from a roof while working on a job subcontracted by defendant Helderberg Siding Company, Inc. to defendant Scott Contracting Corporation. Currie's employment was facilitated through an employee leasing contract between Scott and defendant Eeleasco, and he was later placed on third-party defendant Main Force, Inc.'s payroll. Plaintiffs initiated an action against Scott and Helderberg, alleging negligence and Labor Law violations, subsequently adding Eeleasco as a defendant. The Supreme Court granted summary judgment to Eeleasco and Main Force, dismissing claims against them, which led to an appeal by Helderberg. The appellate court determined that while Main Force lacked supervisory authority, Eeleasco, based on its contract with Scott, possessed the authority to supervise or control Scott's work, thereby making it an agent under Labor Law § 240 (1). Consequently, the Supreme Court's decision granting Eeleasco summary judgment was reversed, and Helderberg's cross motion for summary judgment against Eeleasco was granted.

Labor LawStatutory InterpretationSummary JudgmentAgencyNondelegable DutyElevation-Related HazardsEmployee LeasingWorkers' Compensation InsuranceContractual AuthoritySupervision and Control
References
6
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