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

Case No. ADJ10013104
Regular
Sep 19, 2018

MARIA GARCIA vs. TATUNG COMPANY OF AMERICA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior order that stayed Mesa Pharmacy's lien based on Labor Code section 4615. This case was consolidated with over 19,000 others to address common issues regarding whether Mesa Pharmacy's liens fall under section 4615. The Board rescinded the prior findings regarding Mesa's lien and returned the matter to the trial level for further proceedings within the consolidated case. This ensures Mesa has an opportunity to be heard on the section 4615 issue in conjunction with the broader litigation.

Labor Code section 4615Lien claimantPetition for ReconsiderationOrder of ConsolidationWCAB Rule 10589Master fileCommon issues of fact and lawOwnership and controlCriminal proceedingsStipulation
References
6
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. MISSING
Regular Panel Decision
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
Case No. ADJ9688952
Regular
Aug 21, 2018

JOSE GARCIA vs. THE SHADY CANYON GOLF CLUB, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This case involves lien claimant Mesa Pharmacy seeking reconsideration of a prior order staying its lien under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated for the common issue of whether Mesa's liens fall under section 4615. The WCAB rescinded the prior order, returning the matter to the trial level for the assigned judge to determine if this case should be excluded from the consolidation. This decision is not a final determination on the merits of Mesa's lien.

Mesa PharmacyLien ClaimantLabor Code Section 4615Stay of LienOrder of ConsolidationWCAB Rule 10589Common Issues of Fact and LawOwnership and ControlCriminal ProceedingsJohn Garbino
References
1
Case No. ADJ9316568
Regular
Aug 17, 2018

EFRAIN HERNANDEZ vs. OASIS NURSERY, THE HARTFORD

Mesa Pharmacy sought reconsideration of a decision that subjected its lien to a stay under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated to address common issues regarding Mesa Pharmacy's liens and Labor Code section 4615. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior order, and returned the case to the trial level. The assigned judge will determine if this specific case should be excluded from the consolidation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien ClaimantLabor Code Section 4615Stay of LiensConsolidationWCAB Rule 10589Ownership and ControlCriminal Proceedings
References
1
Case No. ADJ9455744
Regular
Aug 21, 2018

ALEJANDRO ROMERO vs. NORMAC KITCHENS, STATE COMPENSATION INSURANCE FUND

The WCAB granted Mesa Pharmacy's Petition for Removal, finding the WCJ erred by automatically staying Mesa's lien based on a stipulation in a separate case. The Board determined Mesa has a due process right to argue the applicability of Labor Code section 4615 to its lien, even if it stipulated to the stay elsewhere. The matter was returned to the trial level for further proceedings consistent with a prior consolidation order addressing common issues regarding the section 4615 stay and Mesa Pharmacy's liens.

RemovalPetition for RemovalLien ClaimantLabor Code Section 4615Automatic StayDue ProcessStipulationMaster FileConsolidationCriminal Charges
References
4
Case No. ADJ3457213
Regular
Feb 11, 2020

PATRICIA BECERRA vs. CORPORATE PERSONNEL NETWORK, AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing Med-Rx Funding, LLC's lien. The WCJ dismissed Med-Rx's lien for failing to appear at conferences, but Med-Rx contended its lien was stayed under Labor Code section 4615. The WCAB found that Med-Rx's filings raised the issue of the section 4615 stay, and due process required an evidentiary hearing to determine its applicability. Therefore, the case was returned to the trial level for further proceedings.

WCABMed-Rx FundingLLCLabor Code section 4615lien dismissalnotice of intent to dismissgood causePetition for Reconsiderationdue processfair hearing
References
0
Case No. ADJ9834044
Regular
Feb 27, 2019

ELISEO ZEPEDA vs. KELLERMEYER BERGENSONS SERVICES, GALLAGHER BASSETT SERVICES, INC., administrator for ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to rescind an order that summarily stayed a lien under Labor Code section 4615 without proper evidentiary hearing. The Board found that determining if Blue Oak Medical was "controlled" by a criminally charged individual required factual inquiry and evidence, which was lacking. This procedural defect violated the defendant's due process rights, necessitating the return of the case to the trial level for a proper adjudication of the section 4615 stay issue.

Labor Code § 4615Automatic stayLien claimantDue processRemoval petitionWCJAdministrative law judgePetition for dismissalAffirmative defensesEvidentiary hearing
References
13
Case No. ADJ9525302
Regular
Oct 10, 2019

JUAN PABLO ROJAS vs. JTK TEXTILE, CALIFORNIA INSURANCE GUARANTIEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending a prior order. The Board deferred the adjudication of the lien filed by First Choice Healthcare Medical Group. This deferral is due to evidence that the physician associated with First Choice was indicted for workers' compensation fraud, triggering a potential stay under Labor Code section 4615. The case is returned to the trial level to be heard as part of consolidated proceedings addressing the section 4615 stay issue for First Choice liens.

Workers' Compensation Appeals BoardCIGAliquidationindependent bill reviewRequests for Authorizationprimary treating physicianPetition for ReconsiderationlienfraudLabor Code section 4615
References
8
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