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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

Tannenbaum v. Hofbauer

The plaintiff filed a motion to set aside the dismissal of their complaint, which sought damages for an alleged assault and battery perpetrated by unidentified men acting under the direction of Powers, a business agent of the defendant union during a strike. The plaintiff's evidence indicated the tortious act was committed by a union agent in furtherance of the strike. However, there was no evidence of official union authorization for the act, nor was the agent's unlawful activity sufficiently notorious or prolonged to infer knowledge and acquiescence from the union membership. Citing established precedent, the court reiterated that to hold a voluntary, unincorporated association liable, facts must prove all members are liable, either through a public act of the association or member-approved acts of its agents. The court found that the evidence presented was insufficient to bind the entire union membership, requiring clear and convincing evidence to identify the union with the individual acts. Consequently, the plaintiff's motion to set aside the dismissal was denied.

Assault and BatteryUnion LiabilityAgency LawVoluntary Unincorporated AssociationMembership LiabilityStrike ActionTortious ActDismissal of ComplaintMotion PracticeEvidence Sufficiency
References
4
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. MISSING
Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. ADJ4414084 (MON 0351669) ADJ725833 (MON 0351670)
Regular
Aug 30, 2018

IRMA ARZOLA vs. SHERWOOD MANAGEMENT, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to set aside a stipulation and for reconsideration. The petition was deemed "skeletal" for failing to adequately detail grounds, cite evidence, or articulate legal principles. Additionally, the petition was dismissed because proof of service on adverse parties was not provided, violating Labor Code and Appeals Board Rules.

Petition to Set AsidePetition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartiesLabor Code § 5902Labor Code § 5905Cal. Code Regs. § 10842Cal. Code Regs. § 10846Cal. Code Regs. § 10852
References
8
Case No. MISSING
Regular Panel Decision

Gross v. Cross

This case involves a motion filed by defendants Cross and Olsen, as president and treasurer of the Bakery and Confectionery Workers International Union of America, to set aside the service of summons or to dismiss the complaint. The defendants argued that as a foreign unincorporated association, it must be "doing business" in New York to be sued, similar to foreign corporations. The court examined the interpretation of Section 13 of the General Associations Law and distinguished between corporations and unincorporated associations, finding no requirement for the latter to be doing business in the state if statutory requirements for service are met. The court decided to retain jurisdiction over the first and second causes of action, which sought to compel payment of death benefits. However, it declined jurisdiction over the third cause of action, which sought to impress a trust on the International's assets, citing concerns about regulating internal affairs of a foreign entity and enforcing a decree. The motion was granted only to the extent of dismissing the third cause of action without prejudice.

JurisdictionService of SummonsUnincorporated AssociationForeign AssociationGeneral Associations LawCivil Practice ActForum Non ConveniensInternal Affairs DoctrineDismissal of Cause of ActionDeath Benefits
References
8
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. MISSING
Regular Panel Decision

Washington v. East 87th & 88th Street Contracting Co.

This case addresses a motion to set aside a $75,000 verdict, focusing on the interpretation of the 1969 amendment to Labor Law section 241 concerning general contractors' liability for construction worker injuries. The plaintiff, injured in 1971 while working for a subcontractor, sued the general contractor, who then sought indemnification from the subcontractor-employer. The court analyzed conflicting appellate decisions regarding whether the amendment eliminated the requirement to establish the general contractor's active control over the work. Ultimately, the court concluded that the law regarding control remains unchanged and set aside the verdict, dismissing the complaints. The decision also delved into policy considerations concerning workmen's compensation as the exclusive remedy against employers and incentives for workplace safety.

Labor Law § 241General Contractor LiabilityConstruction Worker InjurySubcontractor IndemnificationWorkmen's Compensation ActStatutory InterpretationAppellate Division ConflictSafety RegulationsTort ActionEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision

Holt Construction Corp. v. Grand Palais, LLC

Holt Construction Corp. initiated an action against Grand Palais, LLC, Grand Palais Development, Inc., Platte River Insurance Company, and Howard Lepow, seeking to foreclose a mechanic’s lien, set aside fraudulent conveyances, and recover damages for diversion of trust assets. The Supreme Court initially ruled in favor of Holt on multiple causes of action. Defendants appealed, and Holt cross-appealed from portions of the judgment entered January 19, 2012. The appellate court dismissed certain appeals, modified the judgment by dismissing the seventh cause of action and portions of the twelfth and thirteenth causes of action related to Lien Law § 13 (5), and reversed the dismissal of claims against Howard Lepow for violations of Lien Law §§ 72 and 77, awarding judgment in favor of Holt against Lepow for $935,342.55. As modified, the judgment was affirmed with costs to the plaintiff.

Mechanic's LienFraudulent ConveyanceDiversion of Trust AssetsDebtor and Creditor LawLien LawAppellate ReviewJudgment ModificationNonjury TrialCorporate Officer LiabilityConstruction Contract
References
11
Case No. ADJ3213659
Regular
Mar 08, 2018

HORTENCIA BRAVO vs. MATRIX PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a stipulation settling a lien claim. The defendant argued the stipulation should be set aside due to evidence suggesting the lien claimant was dissolved and the tax identification number belonged to a different entity, Pinnacle Lien Services. However, the WCAB found the petition premature as no evidentiary hearing was held to determine "good cause" for setting aside the stipulation. The case was returned to the WCJ to treat the petition as one to set aside and hold a hearing allowing all parties to present evidence.

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJLabor Code Section 4903.8Tax Identification NumberDissolutionAssignmentDeclaration of Readiness to ProceedGood Cause
References
18
Case No. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
1
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