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

Case No. ADJ8674800, ADJ8674808, ADJ8674815
Regular
Jul 10, 2018

SHIMO WANG vs. SOUTHERN CALIFORNIA EDISON, SOUTHERN CALIFORNIA EDISON ROSEMEAD

This case concerns an applicant, Shimo Wang, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB has granted the petition for reconsideration. This action is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to this petition must be filed directly with the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
1
Case No. MISSING
Regular Panel Decision

Wang v. New York State Department of Health

Donna L.N. Wang, a health care surveyor for the New York State Department of Health (DOH) and a U.S. Army Reserve member, sued DOH under USERRA and Military Law § 242, alleging a hostile work environment and discrimination upon returning from active military duty in 2008. She claimed increased caseload, undesirable assignments, limited vacation, and harassment, leading to a workers' compensation claim for anxiety, stress, and depression, which was upheld in 2010. DOH moved for partial summary judgment to dismiss several claims, arguing USERRA and Military Law § 242 did not cover hostile work environments or specific denied benefits. The court ruled that a hostile work environment claim is actionable under both USERRA and Military Law § 242 but dismissed Wang's claims regarding denied vacation and mileage reimbursement. The court denied dismissal of claims related to denied weekend 'on-call' income due to insufficient evidence from DOH, and claims regarding termination were dismissed as Wang remained employed. Wang's cross-motion for partial summary judgment based on collateral estoppel from the Workers' Compensation Board's decision was denied, as the legal standards and issues were not identical.

Employment DiscriminationMilitary Service DiscriminationHostile Work EnvironmentUSERRAMilitary Law § 242Summary Judgment MotionCollateral EstoppelWorkers' Compensation ClaimWorkplace HarassmentRetaliation
References
19
Case No. MISSING
Regular Panel Decision

Wang v. Phoenix Satellite Television US, Inc.

Plaintiff Lihuan Wang, an unpaid intern, sued Phoenix Satellite Television US, Inc. for employment discrimination under the NYSHRL and NYCHRL. She alleged hostile work environment, quid pro quo sexual harassment, and retaliation by bureau chief Zhengzhu Liu, and a failure to hire her due to discriminatory animus. Phoenix moved to dismiss the Second Amended Complaint. The Court granted Phoenix's motion to dismiss Ms. Wang's hostile work environment claim, ruling that as an unpaid intern, she does not qualify as an 'employee' under the NYCHRL. However, the Court denied Phoenix's motion to dismiss Ms. Wang's remaining failure to hire claims, finding she plausibly alleged an informal application process for unposted vacancies.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentFailure to HireUnpaid InternNYSHRLNYCHRLMotion to DismissEmployee DefinitionQuid Pro Quo
References
38
Case No. 2022 NY Slip Op 07479 [211 AD3d 1087]
Regular Panel Decision
Dec 28, 2022

Yue Liang Wang v. Qiang Lin

The plaintiff, Yue Liang Wang, suffered personal injuries in a multi-vehicle accident while a passenger in his employer's vehicle, operated by co-employee Qiang Lin. Wang initiated an action for damages, leading Lin to seek summary judgment based on the Workers' Compensation Law's exclusivity provision, which the Supreme Court initially denied. Lin's subsequent motion for leave to renew was also denied by the Supreme Court. On appeal, the Appellate Division reversed the lower court's decision, granting Lin's motion to renew. Upon renewal, the Appellate Division granted Lin summary judgment, dismissing the complaint and all cross-claims against him, citing new facts from the plaintiff's deposition testimony as justification for renewal and establishing Lin's entitlement to judgment under Workers' Compensation Law § 29.

Motor Vehicle AccidentPersonal InjurySummary JudgmentMotion to RenewWorkers' Compensation LawExclusivity ProvisionCo-employee ImmunityAppellate ProcedureDeposition TestimonyNew Evidence
References
10
Case No. 2022 NY Slip Op 05182 [208 AD3d 1211]
Regular Panel Decision
Sep 14, 2022

Zhiying Wang v. Bin Wu

In this case, the plaintiff, Zhiying Wang, a former live-in nanny and housekeeper, sued defendants Bin Wu et al. alleging violations of Labor Law article 6 and the Domestic Workers' Bill of Rights. The defendants appealed a Supreme Court order denying their motion to dismiss the complaint for lack of personal jurisdiction, arguing they did not reside at the Syosset property where service was made. The Appellate Division affirmed the lower court's decision, finding that the process server's affidavits established prima facie evidence of proper service. The defendants' denials were deemed conclusory and insufficient to rebut the presumption, especially since their children lived at the Syosset property, which the court determined to be their 'dwelling place or usual place of abode' for service purposes.

Personal JurisdictionService of ProcessDomestic WorkersNannyHousekeeperAppellate ReviewAffidavit of ServiceUsual Place of AbodeLabor Law ComplianceNew York Courts
References
12
Case No. MISSING
Regular Panel Decision

Yuqing Wang v. Guo (In re Guo)

Plaintiff Henry Wang objected to the dischargeability of a $1,000,000 debt owed by debtor Youmin Guo, alleging Guo stole merchandise and business opportunities from Wang's wholesale vegetable markets. Guo had previously entered a settlement agreement and confession of judgment, but defaulted on payments, leading Wang to file the confession of judgment in state court before Guo filed for Chapter 7 bankruptcy. Wang then initiated an adversary proceeding under 11 U.S.C. § 523(a)(2)(A), seeking to have the debt excepted from discharge by claiming it was obtained by false pretenses, false representation, or actual fraud. The court, however, found that Wang failed to meet his burden of proving the elements of false pretenses, false representation, or actual fraud by a preponderance of the evidence. Consequently, the debt was determined to be dischargeable under 11 U.S.C. § 727(a).

BankruptcyDischargeability of DebtFalse PretensesFalse RepresentationActual FraudChapter 7Adversary ProceedingSettlement AgreementConfession of JudgmentFraudulent Intent
References
11
Case No. 2022 NY Slip Op 04761
Regular Panel Decision
Jul 27, 2022

Zong Wang Yang v. City of New York

The case involves Zong Wang Yang, an injured worker, and his wife suing various defendants for personal injuries sustained from a fall at a construction site due to inadequate planking over a shaft. The Supreme Court denied the plaintiffs' motion for summary judgment on Labor Law § 240(1) liability against the City defendants (City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction, LLC). On appeal, the Appellate Division, Second Department, reversed this denial, granting the plaintiffs' motion, asserting that the shaft was not properly protected and the worker's alleged comparative negligence was not the sole proximate cause. The court also affirmed the denial of ZHN Contracting Corporation's motion to dismiss negligence and Labor Law § 200 claims, and upheld the granting of contractual indemnification to Plaza Construction, LLC from A-Tech Electric Enterprises, Inc.

Labor Law § 240 (1)Summary JudgmentAbsolute LiabilityElevation-Related HazardProximate CauseContractual IndemnificationCommon-Law NegligenceSubcontractor LiabilityConstruction AccidentPersonal Injury
References
27
Case No. MISSING
Regular Panel Decision

Chuang v. T.W. Wang Inc.

Plaintiffs Gary Ko Sheng Chuang, Yih-Her Lee, Tzu-Kuang Liu, and Chung Yung Wang, former employees of The World Journal newspaper, filed an age discrimination lawsuit under federal and New York state/city laws, alleging unlawful dismissal. Defendant World Journal moved for summary judgment on all claims. Senior District Judge Glasser granted the defendant's motion, finding that the plaintiffs failed to establish a prima facie case of discrimination or to demonstrate that the defendant's legitimate, nondiscriminatory reasons for termination were pretextual. Specifically, the court found Plaintiff Chuang voluntarily resigned, Plaintiff Lee's termination was due to a legitimate reduction-in-force, and Plaintiffs Liu and Wang were dismissed for misconduct and lack of cooperation during an investigation. Consequently, the defendant's motion for summary judgment was granted for all plaintiffs.

Age DiscriminationEmployment LawSummary JudgmentADEANYSHRLDisparate TreatmentPretextPrima Facie CaseBurden-Shifting FrameworkReduction in Workforce
References
35
Case No. ADJ7626709
Regular
Mar 07, 2014

JUDY WANG vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case concerns Judy Wang's workers' compensation claim against Cedars Sinai Medical Center. The Appeals Board dismissed Wang's petition for reconsideration because it was filed untimely. Specifically, the petition was filed more than 20 days after the WCJ's decision, and personal service of the decision negated any mailing extension. The Board noted that even if timely, the petition would have been denied on the merits.

Petition for ReconsiderationUntimely PetitionLabor Code section 5903Jurisdictional Time LimitAppeals BoardWCJPersonal ServiceMailing ExtensionWCAB Rule 10507Dismissal
References
7
Case No. ADJ8674800 ADJ8674808 ADJ8674815
Regular
Jul 10, 2015

SHIMO WANG vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board rescinded the prior finding that applicant did not suffer a heart injury arising out of and in the course of employment. The Board found the cardiologist's report insubstantial and remanded for further proceedings to develop the record on industrial causation. It clarified that the "good faith personnel action" defense applies to psychiatric injuries, not directly to physical injuries like heart conditions, unless the physical injury is a direct and sole consequence of a non-compensable psychiatric injury.

Workers' Compensation Appeals BoardShimo WangSouthern California EdisonAOE/COEheart attackcoronary syndromesQME cardiologistQME psychiatristadjustment disordergood faith personnel action
References
6
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