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Case Law Database

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

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. ADJ8064562, ADJ8064590, ADJ8987043
Regular
Nov 01, 2020

RICARDO ESCALANTE vs. KAISER FOUNDATION HEALTH PLAN

The Workers' Compensation Appeals Board granted reconsideration and awarded applicant's attorney $756.25 in Labor Code section 5710 fees. While the WCJ initially denied fees for three deposition appearances due to the applicant's inability to testify, the Board found the attorney acted in good faith. The Board ultimately exercised its discretion under section 5710 to allow fees for preparation and attendance time.

Labor Code 5710attorney feesdepositionsreconsiderationapplicant's attorneyWCJSEBCompromise and Releaseself-insuredcumulative trauma
References
0
Case No. POM 234030
Regular
Jul 18, 2008

CAROL ALLISON vs. DEL AMO MOBILE ESTATES, SUPERIOR PACIFIC CASUALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the administrative law judge's finding that Labor Code section 5710 does not allow attorney's fees for appellate work. The WCAB ruled that attorney fees are permissible under section 5710 for successfully litigating the scope of a deposition, including appellate proceedings, to protect an applicant's privacy and privilege. The case was returned to the trial level for a determination of a reasonable attorney fee amount.

Labor Code section 5710attorney feesdeposition scopeprivilegepatient-physician privilegemotion to compelpetition for removalCourt of Appealappellate reviewvocational rehabilitation maintenance allowance (VRMA)
References
12
Case No. ADJ7693237
Regular
Jun 25, 2012

NANCY SETTLES vs. WAL-MART ASSOCIATES, INC., ACE-AMERICAN INSURANCE COMPANY

This case involves a former attorney seeking reconsideration of a $300 attorney fee award in a workers' compensation case. The attorney argued he was denied notice and an opportunity to be heard, and that Labor Code section 5710 fees were not timely paid. The Appeals Board denied reconsideration, adopting the WCJ's report which found the attorney failed to provide proof of service to the applicant regarding his adverse interest. Additionally, any issues regarding section 5710 fees were previously resolved and are not grounds for reconsideration of the current order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's Fee LienCompromiseLabor Code Section 5710Timely PaymentAdverse InterestIndependent CounselStipulated AwardPenalty
References
0
Case No. MISSING
Regular Panel Decision

D'Ornellas v. Roger Maffei, Inc.

The claimant injured his neck in 1970, and despite medical bills being paid by the carrier, no compensation was issued due to a lack of disability exceeding seven days. The case was closed in 1973 after a Referee found no causal link between a subsequent laminectomy and the initial injury. In 1977, a new medical bill prompted the Workers’ Compensation Board to reopen the case, examining liability under Workers' Compensation Law sections 123 and 25-a. Both a Referee and the Board initially found these sections inapplicable. On appeal, the court affirmed the Board's decision regarding section 123 but reversed its finding on section 25-a, ruling the Special Fund for Reopened Cases liable, and remitted the matter for further proceedings consistent with this determination.

Workers' Compensation LawSpecial Fund LiabilityReopened CasesStatutory InterpretationWorkers' Compensation Law § 25-aWorkers' Compensation Law § 123Medical Expense LiabilityCausationDisabilityAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
May 31, 2012

Windsor v. United States

This case addresses Edie Windsor's constitutional challenge to Section 3 of the Defense of Marriage Act (DOMA), which defined marriage exclusively as between one man and one woman. This definition required Windsor to pay federal estate tax on her late same-sex spouse's estate, a tax from which heterosexual couples were exempt. Windsor contended that Section 3 of DOMA violated the Equal Protection Clause of the Fifth Amendment. The Bipartisan Legal Advisory Group (BLAG) intervened to defend DOMA's constitutionality. The Court denied BLAG's motion to dismiss and granted Windsor's motion for summary judgment, ruling that Section 3 of DOMA is unconstitutional as applied to Windsor and awarded her $353,053.00 plus interest and costs.

Constitutional LawEqual Protection ClauseFifth AmendmentDefense of Marriage ActDOMASame-sex MarriageFederal Estate TaxSummary JudgmentMotion to DismissJudicial Scrutiny
References
62
Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. MISSING
Regular Panel Decision

In Re Lyondell Chemical Co.

Mrs. Regina Jahnke sought administrative expense status under Bankruptcy Code Section 1114 for payments due under a prepetition private annuity contract from Lyondell Chemical Company, the successor to her late husband's employer, ARCO Chemical Company. Lyondell contended that the contract was not covered by Section 1114, arguing that the payments were general unsecured claims. The Court, presided over by Bankruptcy Judge Robert E. Gerber, agreed with Lyondell. The Court found that the contract did not qualify as a "plan, fund, or program" under ERISA standards, and furthermore, the benefits were not "retiree benefits" as defined in Section 1114(a). Therefore, Mrs. Jahnke's motion for administrative status was denied, and her claim remained a general unsecured claim.

BankruptcyAdministrative Expense StatusRetiree BenefitsAnnuity ContractEmployee Retirement Income Security Act (ERISA)Chapter 11Unsecured ClaimsContract LawCorporate SuccessionJudicial Interpretation
References
17
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