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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

Smalls v. Allstate Insurance

Plaintiff Raymond Smalls sued Allstate Insurance Company and William Smith for racial discrimination, hostile work environment, intentional infliction of emotional distress, and retaliation based on race. The plaintiff alleged various adverse employment actions, including verbal abuse, a transfer, and redeployment to a different position. The court found that Smalls failed to establish a prima facie case for discrimination, hostile work environment, or retaliation, noting that the alleged incidents were not sufficiently severe or pervasive, nor racially motivated. Furthermore, the claim for intentional infliction of emotional distress was time-barred and lacked sufficient evidence of extreme and outrageous conduct. Consequently, the District Court granted the defendants' motions for summary judgment and dismissed the entire complaint.

Racial DiscriminationHostile Work EnvironmentRetaliationIntentional Infliction of Emotional DistressSummary JudgmentEmployment LawTitle VIINew York Executive LawAdverse Employment ActionPrima Facie Case
References
49
Case No. MISSING
Regular Panel Decision
Jun 02, 1997

Small v. Yonkers Contracting Inc.

This case concerns an appeal for reargument in a personal injury action. The plaintiff, Charles Small, sued Yonkers Contracting Inc., which then filed a third-party complaint against Rice Mohawk, U.S. Construction Co., Ltd. for indemnification and contribution. Rice Mohawk had insured Yonkers as an additional insured through Admiral Insurance Co. The Supreme Court partially dismissed Yonkers' claims, citing the antisubrogation rule. The appellate court granted reargument, vacated the previous decision, and modified the order. It ruled that the indemnification and contribution claims against Rice Mohawk should be dismissed only to the extent of actual payments made by Admiral to Yonkers, balancing the antisubrogation rule with Yonkers' right to recover uncompensated losses. The order was modified and, as modified, affirmed.

Antisubrogation RuleCommon-Law IndemnificationContribution ClaimsPersonal Injury ActionThird-Party ActionInsurance CoverageAdditional InsuredWorkers' Compensation LawGeneral Obligations LawAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Small v. General Nutrition Companies, Inc.

Plaintiffs Disabled in Action (DIA) and Thomas K. Small (Small), representing themselves and a class of wheelchair users, sued General Nutrition Companies, Inc. (GNC) for alleged violations of Title III of the Americans with Disabilities Act (ADA) and New York City Human Rights Law, claiming GNC stores were inaccessible. Defendant GNC moved to dismiss the action for lack of standing and to deny class certification. The court granted GNC's motion regarding DIA's organizational standing (with prejudice) and associational standing claims (without prejudice, with leave to amend). For plaintiff Small, the court denied GNC's motion concerning one specific GNC store where Small established standing, but granted it for other stores (without prejudice, with leave to amend). The court deferred ruling on defendant's motion to deny class certification.

ADA Title IIIStandingOrganizational StandingAssociational StandingWheelchair AccessibilityArchitectural BarriersClass ActionMotion to DismissInjunctive ReliefInjury in Fact
References
45
Case No. ADJ8157891
Regular
Apr 15, 2016

JESSE CASTELLON vs. ORANGE COUNTY VECTOR CONTROL, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that pesticide exposure contributed to the applicant's lymphoma, diabetes, and hypertension. The defendant argued the relied-upon medical expert erred by discussing Non-Hodgkin's Lymphoma instead of the applicant's diagnosed Hodgkin's Lymphoma. However, the Board found the expert's report sufficiently addressed Hodgkin's Lymphoma and its link to benzene exposure, incorporating the WCJ's reasoning. Therefore, the Board affirmed the original findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factindustrial causationpesticide exposurelymphomadiabeteshypertensionsubstantial medical evidenceDr. Nachman Brautbar
References
1
Case No. MISSING
Regular Panel Decision

In Re CCT Communications, Inc.

CCT Communications, Inc. (Debtor) filed for Chapter 11 bankruptcy. Creditors Global Crossing Telecommunications, Inc. and Zone Telecom, Inc. moved to dismiss the case, arguing that CCT was a small business debtor and failed to confirm a plan within the statutory 45-day period. CCT initially designated itself as a small business debtor but later tried to amend its status to non-small business. The Court applied judicial estoppel, finding CCT's actions to be 'fast and loose' and its attempts to alter its status, including a sham transaction to affiliate with Call Center, disingenuous. The Court ruled that CCT was judicially estopped from denying its small business debtor status, thus affirming its failure to meet the plan confirmation deadline. Consequently, the Court dismissed the Chapter 11 case but retained jurisdiction over an adversary proceeding between CCT and Global Crossing and over fee applications by Court-appointed professionals, citing judicial economy and fairness to CCT regarding potential statute of limitations issues in the adversary proceeding.

BankruptcyJudicial EstoppelSmall Business DebtorChapter 11Motion to DismissPlan ConfirmationAdversary ProceedingCreditorDebtorSham Transaction
References
26
Case No. MISSING
Regular Panel Decision

Oriska Insurance v. Power P.E.O., Inc.

Oriska Insurance Company and U.S. Management, Inc. filed a lawsuit against The Power P.E.O., Inc. and various small business clients of Power. The plaintiffs claim that Power misrepresented its authority to issue workers' compensation policies through its agreement with Oriska, violating the Lanham Act. The small business defendants moved to dismiss the case for lack of personal jurisdiction, arguing they have no contacts with New York. The court, however, found that Power acted as an agent for the small business defendants in establishing contacts with New York to procure insurance, thus attributing Power's actions to them. Therefore, the court denied the defendants' motion to dismiss, asserting personal jurisdiction under New York's long-arm statute, C.P.L.R. § 302(a)(1), and finding it comports with due process.

Personal JurisdictionLanham ActWorkers' Compensation InsuranceAgency LawLong-Arm StatuteDue ProcessMinimum ContactsProfessional Employer OrganizationInsurance FraudMisrepresentation
References
16
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
2
Case No. MISSING
Regular Panel Decision

Claim of Kushner v. Landau, Newman & Rosen

Claimant, a fur nailer, sustained a myocardial infarction while stretching an exceptionally small fur skin, which required increased and unusual effort. The employer corroborated that certain small skins demand significant exertion from the worker. The Workmen's Compensation Board determined that the excessive strain was related to the heart attack and resultant disability, a finding supported by substantial medical evidence. An appeal by the employer and its insurance carrier, who argued against the finding of an accident due due to the absence of unusual effort, was unanimously affirmed.

Myocardial InfarctionFur NailingExcessive StrainWork-Related InjuryUnusual EffortDisabilityWorkmen's CompensationAppealHeart AttackMedical Evidence
References
0
Case No. 2015-260 K C
Regular Panel Decision
May 05, 2016

Telsey v. Harris Water Main & Sewer Contrs., Inc.

Jerry Telsey (plaintiff) sued Harris Water Main & Sewer Contractors, Inc. (defendant) in a small claims action for $2,800. Telsey claimed defendant should have immediately determined he didn't need a new water main, despite entering into a contract for installation. Defendant argued that subsurface plumbing issues often require excavation to identify the source of problems. The Civil Court dismissed the action, and Telsey appealed. The Appellate Term, Second Department, reviewed the case under the 'substantial justice' standard for small claims and affirmed the judgment, finding that substantial justice was done between the parties.

Small ClaimsContract DisputeWater Main InstallationSubsurface PlumbingAppellate ReviewSubstantial JusticeCivil CourtKings CountyExcavationAffirmed Judgment
References
4
Case No. MISSING
Regular Panel Decision

121 Irving MGM LLC v. Perez

Jeanette Perez, a tenant for 24 years, operated a small business preparing and selling Ecuadorian food from her rent-stabilized apartment to support her family. The petitioner, the new landlord, initiated a holdover proceeding, alleging breach of lease obligations and nuisance due to the commercial cooking activities. An architect testified for the petitioner, citing building code and zoning violations related to commercial kitchen use. However, the court found no substantial lease violation or nuisance, noting the small scale of the business, absence of tenant complaints, and lack of imminent danger over 16 years of operation. Consequently, the petition was dismissed with prejudice.

Holdover ProceedingRent StabilizationNuisanceLease ViolationHome OccupationCommercial KitchenZoning ViolationBuilding CodeResidential DistrictFamily Support
References
4
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