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

Case No. 2024 NY Slip Op 04102
Regular Panel Decision
Aug 01, 2024

Powerflex Solar, LLC v. Solar PV Pros, LLC

Plaintiff Powerflex Solar, LLC appealed two orders from Supreme Court in Albany County. The first order partially granted motions by defendants Solar PV Pros, LLC (SPVP) and EoS Organization, LLC to dismiss the complaint for lack of personal jurisdiction regarding agreements for solar modules to be delivered to Rhode Island and California, and for failure to state claims for breach of contract as a third-party beneficiary and conversion against EoS. The second order adhered to the prior decision upon reargument. The Appellate Division affirmed, finding no articulable nexus between the New York agreements and the Rhode Island and California agreements for personal jurisdiction. The court also agreed that plaintiff was not a third-party beneficiary of the Meitus-EoS agreements and failed to state a claim for conversion due to lack of identifiable funds.

Personal JurisdictionContract LawThird-Party BeneficiaryConversionMotion to DismissAppellate ReviewJurisdictional NexusDelaware LLCCalifornia LawSolar Modules
References
33
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance v. Great American E&S Insurance

Plaintiff Ethical Culture Fieldston School (ECF) and Tishman, the project manager, were named additional insureds on Solar's general liability policy with Great American. Solar employee, Lisa Best, was injured on site. While Solar filed workers' compensation, notice to Great American about Best's personal injury lawsuit against Tishman and ECF, and Solar's subsequent impleading, was delayed. Tishman and ECF sought a declaratory judgment that Great American was obligated to defend and indemnify them, and Solar cross-claimed. Great American moved for summary judgment, asserting untimely notice. The court found Solar's delay of over a year in notifying Great American was untimely and that Solar's belief of nonliability was unreasonable, especially given its contractual indemnification obligations. Consequently, Great American was not obligated to provide coverage to Solar in the underlying action.

Insurance Coverage DisputeTimely Notice RequirementCondition PrecedentDuty to DefendDuty to IndemnifySummary JudgmentWorkers' Compensation ExclusivityContractual IndemnificationAdditional Insured StatusConstruction Site Injury
References
5
Case No. SDO 0312666
Regular
Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

The Workers' Compensation Appeals Board awarded applicant's counsel $5,000 in attorney's fees for responding to defendant's petition for writ of review, disallowing a portion of the requested hours and reducing the hourly rate from $275 to $250. The Board found the complexity of the issues and cited authorities to be of "average complexity." Additionally, $486.45 in costs were awarded for reproduction and binding of legal documents, supported by submitted bills.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate
References
3
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
4
Case No. ADJ6722603
Regular
Jun 16, 2010

TONY PEAK vs. REC SOLAR, PRAETORIAN INSURANCE COMPANY c/o AARLA

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration in the case of Tony Peak v. REC Solar and Praetorian Insurance Company. The WCAB adopted and incorporated the reasons provided in the Workers' Compensation Administrative Law Judge's (WCJ) report. This order formally denies the reconsideration of the prior decision.

Workers' Compensation Appeals BoardReconsideration deniedWCJ reportAdministrative law judgeADJ6722603ADJ6722349REC SolarPraetorian Insurance CompanyAARLATony Peak
References
0
Case No. ADJ14099837; ADJ18327322
Regular
Aug 21, 2025

ROBERT SCHLIESMANN vs. SOLAR OPTIMUM DESIGN AND ELECTRICAL, STATE COMPENSATION INSURANCE FUND

The applicant, Robert Schliesmann, sustained an injury to his lumbar spine, lower extremities, left leg, and bilateral feet while employed as a solar tech. The case was initially dismissed due to the applicant's perceived inaction. However, the Workers' Compensation Administrative Law Judge (WCJ) vacated the dismissal, finding that the defendant failed to comply with the Qualified Medical Evaluator's (QME) requests for diagnostic testing and documents, thereby impeding the QME process. The Appeals Board affirmed this decision, emphasizing the constitutional mandate for substantial justice and the defendant's duty to conduct a reasonable and timely investigation of claims.

PQMEAdjudication NumbersFindings and OrdersPetition for ReconsiderationReport and RecommendationLabor Code Section 5803Good CauseOrder of DismissalPetition to ReopenRescind
References
5
Case No. ADJ9835514
Regular
Nov 07, 2017

CARLO MAGNO vs. AMERICAN SOLAR DIRECT, INC., CYPRESS INSURANCE COMPANY

This case concerns a lien claimant, Med-Legal Photocopy, seeking reimbursement for costs incurred in obtaining medical records. The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board found the claimant failed to meet its burden of proof to establish that the expenses were incurred for a "contested claim" as required by Labor Code section 4620. Therefore, the defendant is not liable for the lien claimant's expenses related to obtaining these records.

Med-Legal PhotocopyPetition for ReconsiderationFindings and AwardEDEXSCPMG/KFHGreen River Family DentistryRancho Physical TherapyBerkshire HathawayAmerican Solar DirectDr. Prescott
References
4
Case No. ADJ2795638 (RIV 0079398), ADJ1788588 (SDO 0364199)
Regular
Oct 28, 2013

GUADALUPE SOLARES vs. FLEX TEMP, dba LABOR FINDERS, AIG INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration because it was untimely filed. Even if it were timely, the WCAB would have denied it based on the Judge's report, which cited the lien claimant's failure to appear at a lien conference in person as required. The lien claimant's objection to a dismissal notice was also late and failed to demonstrate good cause. Therefore, the petition is dismissed.

Petition for ReconsiderationDismissal OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeLien ClaimantObjectionNotice of Intention to DismissTimelinessGood CauseLien Conference
References
0
Case No. ADJ753933 (VNO 0483099)
Regular
Oct 29, 2013

OSCAR FELIX vs. ADVANCE SOLAR ELECTRIC, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that disallowed a lien claimant's psychiatric and medical-legal services. The Board found the lien claimant was likely not properly served with the original decision and thus her petition was timely filed after she discovered the ruling. Consequently, the Board rescinded the disallowance of the lien, affirmed the rest of the prior decision, and returned the case to the trial level for further proceedings on the lien claim before a new administrative law judge.

Workers' Compensation Appeals BoardElena KonstatPh.D.Lien ClaimantReconsiderationFindings and AwardPsychiatric TreatmentMedical LegalLumbar SpineLeft Knee
References
2
Case No. ADJ8608456 MF ADJ8608504 ADJ8523009 ADJ8551858 ADJ8609068
Regular
Oct 07, 2015

HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

Workers' Compensation Appeals BoardIndustrial InjuriesMotor Vehicle AccidentFatal Industrial InjuryDependentsPetition for ReconsiderationRulings and Order Admitting EvidenceFindings of FactNotice of DenialPresumed Compensable
References
0
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