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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

Klussman v. A.T. Reynolds & Sons, Inc.

Plaintiff Michael Klussman, a tractor-trailer driver, was injured while off-loading water bottles, leading to a lawsuit against the water distributor, Leisure Time, and the building occupant, Cure Connections. The Supreme Court initially denied Leisure Time's motion for summary judgment but granted Cure Connections'. On appeal, the decision was modified, with Leisure Time's motion for summary judgment being granted and the complaint against them dismissed. The appellate court determined that Klussman's chosen method of unloading, moving a heavy load at a faster speed down an incline, was the proximate cause of his injury, rather than any defective equipment provided by Leisure Time.

summary judgmentnegligencespecial employeeproximate causeworkers' compensation lawpallet jackloading dock accidentpersonal injuryappellate reviewduty of care
References
0
Case No. MISSING
Regular Panel Decision
Oct 21, 1982

In re the Claim of Caryl

The claimant was terminated for misconduct following a company awards dinner. During the event, he admittedly consumed a significant amount of alcohol, engaged in disruptive behavior including throwing objects, harassing waitresses, and making obscene gestures and insulting comments to speakers. He also attempted to assault a superior and threatened another, leading to his arrest. The Unemployment Insurance Appeal Board initially granted benefits, deeming the misconduct not 'in connection with' his employment. However, the court reversed this, ruling that the employer-sponsored event was indeed connected to employment, and employees must uphold behavioral standards even off-duty, thus disqualifying the claimant from benefits.

misconductunemployment insuranceemployee terminationcompany eventoff-duty conductintoxicationworkplace behaviorappeal boardemployer responsibilityemployee obligations
References
7
Case No. MISSING
Regular Panel Decision

Gawez v. Inter-Connection Electric, Inc.

The plaintiffs, a putative class of workers, commenced an action against contractor defendants, Inter-Connection Electric, Inc., and its president Jeff Skowronski, along with surety defendants, First National Insurance Company of America and RLI Insurance Company, alleging failure to pay prevailing wages mandated by Labor Law § 220 for various public works projects. The contractor defendants cross-moved to dismiss claims related to federally-funded projects and the Luna Park Houses project. The surety defendants also cross-moved for summary judgment on claims pertaining to federally-funded projects, the 1010 East 178th Street Development project, the New Cambria Heights Library project, and the Castle Hill Houses project. The Supreme Court granted these cross motions. The appellate court affirmed the Supreme Court's order, concluding that no private right of action exists under the Federal Davis-Bacon Act for federally-funded projects, the Luna Park Houses project was privately funded, and the plaintiffs failed to establish their involvement in other specific projects against the surety defendants.

class actionprevailing wageLabor LawDavis-Bacon Actpublic worksfederally fundedprivate right of actioncontract lawsummary judgmentdismissal
References
11
Case No. ADJ6956331
Regular
Jul 25, 2014

EDWARD GUERRERO vs. CONNECT TELEVISION, ALASKA NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Edward Guerrero's Petition for Reconsideration against Connect Television and Alaska National Insurance Company. The dismissal was based on the petition being untimely filed. Furthermore, the Board adopted the administrative law judge's report, which found the petition failed to state valid grounds for reconsideration.

Petition for ReconsiderationDismissedUntimelyGrounds for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationAdopt and IncorporateLaughlin Falbo Levy & MoresiADJ6956331
References
0
Case No. MISSING
Regular Panel Decision

Claim of McIver v. Mobil Oil Corp.

A claimant, employed by Mobil Oil Corporation, suffered a foot injury in 1975 that led to the development of a synovial sarcoma and subsequent amputation. The claimant filed for workers' compensation, but Mobil denied a causal connection between the injury and the cancer. After conflicting expert medical testimony and procedural disputes regarding expert witnesses and evidence, the Workers' Compensation Board concluded that a causal relationship existed. Mobil appealed this decision, raising concerns about due process and the removal of evidence. The appellate court affirmed the Board's decision, finding no merit in Mobil's contentions.

Workers' CompensationCausal ConnectionSynovial SarcomaAmputationExpert Medical TestimonyDue ProcessImpartial SpecialistEvidentiary RulesCross-examinationBoard Decision
References
2
Case No. ADJ6991535
Regular
Dec 24, 2013

SILVER HERNANDEZ vs. QUALITY CAR CONNECTION, INC., PRESERVER INSURANCE COMPANY, administered by TOWER GROUP COMPANIES (formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA)

This is a final order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration. The WCAB adopted the findings of the administrative law judge, finding no basis to overturn the original decision. The specific details of the original decision are not provided in this excerpt, but the petition for reconsideration by the applicant, Silver Hernandez, was unsuccessful. Therefore, the defendants, Quality Car Connection, Inc. and its insurer, remain the prevailing parties regarding the WCAB's denial of the petition.

Petition for ReconsiderationAdministrative Law Judge ReportDeny ReconsiderationWorkers' Compensation Appeals BoardQuality Car ConnectionPreserver Insurance CompanyTower Group CompaniesSpecialty Underwriters Alliance/SUAADJ6991535Los Angeles District Office
References
0
Case No. MISSING
Regular Panel Decision

Castillo v. Star Leasing Co.

The case involves an appeal by Cargo Connection Logistic Corp. regarding a personal injury claim. The plaintiff was injured when a freight trailer floor collapsed while transferring merchandise at a warehouse owned by Cargo Connection. The Supreme Court denied Cargo Connection's motions to dismiss the complaint under CPLR 3211(a)(1) and 3126, and for summary judgment. Cargo Connection argued that all factual issues were resolved, the plaintiff was a special employee (limiting recovery to workers' compensation), and the plaintiff failed to provide requested discovery. The appellate court affirmed the Supreme Court's order, finding that Cargo Connection failed to establish its entitlement to dismissal or summary judgment on any of the grounds raised.

Personal InjuryForklift AccidentPremises LiabilityDismissal MotionSummary JudgmentCPLR 3211(a)(1)CPLR 3126Special EmployeeWorkers' Compensation LawDiscovery Sanctions
References
11
Case No. SJO 208304
Regular
Jun 24, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, RELIANCE INSURANCE, KAISER CEMENT CORPORATION, HANSON PERMANENTE CEMENT CO, ROYAL SUN & ALLIANCE INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration of an arbitrator's decision that denied CIGA's petition for contribution. The Board rescinded the arbitrator's decision and returned the case for further proceedings, finding that crucial Labor Connection documents regarding applicant's special employment by Kaiser Cement were improperly excluded from evidence. This allows for a fuller development of the record on the issue of employment before a new decision is issued.

CIGALabor ConnectionCalifornia Insurance Guarantee AssociationReliance InsuranceliquidationKaiser Cement CorporationHanson Permanente Cement CoRoyal Sun & Alliance InsuranceSpecial EmploymentContribution
References
6
Case No. ADJ2010922
Regular
Sep 07, 2010

MICHAEL ROSADO vs. KJM ELECTRONIC WORKS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's finding of industrial injury AOE/COE due to lack of substantial evidence. Key issues include a deficient record, absence of a medical-legal report connecting the injury to employment, and significant inconsistencies in the applicant's testimony regarding the date of injury, treatment, and the mechanism of injury. The case is remanded for further proceedings and a new decision by the WCJ, emphasizing the applicant's burden to prove injury AOE/COE.

AOE/COEsubstantial evidencereconsiderationrescindedreturn to trial levelburden of proofmedical-legal reportcredibilitymechanism of injuryindustrial injury
References
7
Case No. 525240
Regular Panel Decision
May 24, 2018

Matter of Pickerd v. Paragon Envtl. Constr., Inc.

The Appellate Division, Third Department, affirmed a Workers' Compensation Board decision which found that the decedent's death was causally related to his employment and awarded workers' compensation death benefits to claimant Barbara Pickerd. Decedent suffered a fatal myocardial infarction while assisting a coworker with the removal of a gasoline tank. The employer and its carrier appealed, arguing against the causal connection. The court found that substantial evidence, including medical testimony, supported the Board's determination that decedent's work activities were significant precipitating factors, despite pre-existing cardiac risk factors. The Board was within its province to resolve conflicting medical evidence in favor of the claimant.

myocardial infarctionworkers' compensationdeath benefitscausal relationemployment injurypre-existing conditionmedical testimonyconflicting evidenceappellate reviewheart attack
References
7
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