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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

Dixey v. Jewish Child Care Ass'n

Plaintiff brought an action against the Jewish Child Care Association (JCCA) and Hillary Volper under 42 U.S.C. § 1983, alleging negligence and efforts to destroy her parent-child relationship, leading to the loss of her child's physical custody. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction. The court found that the plaintiff failed to demonstrate 'deliberate indifference' on the part of the defendants or establish a causal link between the alleged state law violations and the child's continued foster care, noting the plaintiff's repeated consent to foster placement. The court also determined that specific affirmative actions by the defendants, such as advising on housing or temporarily severing visitation, did not constitute a constitutional violation or a substantial factor in the child remaining in foster care. Consequently, the court granted the defendants' motion to dismiss for lack of subject matter jurisdiction, also dismissing the pendent state claims.

42 U.S.C. § 1983Constitutional RightsParental RightsFamily IntegrityFoster CareSubject Matter JurisdictionMotion to DismissDeliberate IndifferenceCausationState Law Violation
References
5
Case No. MISSING
Regular Panel Decision

Kwitek v. United States Postal Service

Edward Kwitek, a driver for Midwest Transport, Inc., sued the United States Postal Service (USPS) under the Federal Tort Claims Act (FTCA) for injuries sustained while loading mail at a post office, alleging negligence by USPS employees. The government moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that Kwitek was an independent contractor and his injury resulted from a discretionary function, thereby making the FTCA's waiver of sovereign immunity inapplicable. The court denied the government's motion. It ruled that the independent contractor exception did not apply because the alleged negligence was on the part of USPS employees failing to perform their regular duties. Furthermore, the discretionary function exception was also inapplicable, as the alleged conduct was not policy-driven but rather a failure to follow established protocol. The case was then referred for a settlement conference.

Federal Tort Claims ActSovereign ImmunitySubject Matter JurisdictionIndependent Contractor ExceptionDiscretionary Function ExceptionNegligenceUnited States Postal ServicePersonal InjuryLoading Dock InjuryMotion to Dismiss
References
27
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Hightower v. United States

Willie Hightower, a federal employee, sued the United States and three individual federal officers for alleged injuries from a 1999 arrest at a VA hospital campus. Hightower sought money damages under state tort laws via the Federal Tort Claims Act (FTCA) and constitutional claims under Bivens, despite having already received benefits under the Federal Employee's Compensation Act (FECA) for the same incident, which he certified as work-related. The court dismissed the complaint for lack of subject matter jurisdiction. It ruled that FECA provides the exclusive remedy for federal employees' work-related injuries, thereby precluding FTCA claims against the United States. Furthermore, Bivens claims against the United States are barred by sovereign immunity, and against individual federal employees, they are precluded by the comprehensive remedial schemes of FECA and the Civil Service Reform Act (CSRA).

Federal Employee Compensation ActFederal Tort Claims ActBivens ActionSovereign ImmunitySubject Matter JurisdictionExcessive ForceFalse ArrestMalicious ProsecutionSlanderLibel
References
31
Case No. ADJ784749 (AHM 0115079)
Regular
Aug 02, 2010

Carlos Bautista vs. Prime Factors, Inc., Factory Filament, Inc., Isaac Powell, Uninsured Employers Fund

This case involves a workers' compensation claim by Carlos Bautista for an industrial injury to his spine sustained in November 2003. The applicant was hired in California by Prime Factors Inc., an illegally uninsured employer, and then flown to Mississippi for a job. The Workers' Compensation Appeals Board (WCAB) is denying Isaac Powell's petition for reconsideration of prior findings. These findings established California's jurisdiction, the employer's uninsured status, and the applicant's industrial injury.

Workers' Compensation Appeals BoardPrime FactorsInc.Isaac PowellUninsured Employers FundIndustrial InjuryCervical SpineThoracic SpineLumbar SpineLabor Code Section 5900
References
0
Case No. MISSING
Regular Panel Decision

In re Hostess Brands, Inc.

This modified bench ruling addresses a motion by the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (Bakers' Union) to dismiss a debtor's Section 1113/1114 motion due to a lack of subject matter jurisdiction. The central dispute revolves around whether Section 1113 of the Bankruptcy Code, which governs the rejection of collective bargaining agreements, applies to agreements that have technically expired but whose key terms remain in effect under the National Labor Relations Act (NLRA) until good faith bargaining to impasse. The Bakers' Union argued that expired agreements are not considered 'agreements' under Section 1113, a position the court largely concurred with, emphasizing the plain language of the statute and the distinction between Section 1113(e) and other subsections. Despite the debtor's arguments concerning the policy implications and potential interference with reorganization efforts, the court found insufficient evidence to extend the statute's language beyond its literal meaning. Consequently, the court granted the Bakers' Union's motion, concluding that Section 1113 does not apply to already expired collective bargaining agreements.

Collective Bargaining AgreementBankruptcy Code Section 1113Subject Matter JurisdictionNational Labor Relations Act (NLRA)Expired AgreementsDebtor in PossessionUnion Motion to DismissInterim ChangesGood Faith BargainingStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision
Nov 27, 1995

Leonard v. Unisys Corp.

Linda M. Leonard suffered severe back injuries in 1987 due to a defective office chair, leading to a lawsuit against her employer (Department of Motor Vehicles) and the chair's sellers/manufacturers (Human Factor Technologies, Inc., Burroughs Corporation, Standard Register Company, and Unisys Corporation). The lawsuit alleged negligence, strict products liability, and breach of warranty. A jury found certain defendants strictly liable and apportioned fault, awarding significant damages for pain and suffering and loss of consortium to Leonard and her husband. On appeal, the court affirmed the lower court's order and judgment, upholding the jury's verdict, the damage awards, and the denial of indemnification claims between defendants, while rejecting challenges to jury instructions and evidentiary rulings.

Products liabilityBreach of warrantyNegligenceIndemnification claimLoss of consortium damagesPain and suffering awardJury verdict reviewApportionment of liabilitySuccessor corporation liabilityDefective chair
References
12
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. VNO 482752, VNO 482753
Regular
Jul 10, 2007

JESUS SANJORO vs. MOTION PICTURE AND TELEVISION FUND, Permissibly Self-Insured, Adjusted By ROYAL INDEMNITY CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 46% permanent disability. The Board found, consistent with prior precedent in *Steinkamp*, that medical treatment itself is not apportionable, even if non-industrial factors contributed to the need for that treatment. Therefore, the applicant's permanent disability resulting from knee replacement surgery was not subject to apportionment based on the underlying non-industrial arthritis.

Workers' Compensation Appeals BoardSanjoroMotion Picture and Television FundRoyal Indemnity Co.VNO 482752VNO 482753Petition for ReconsiderationFindings Award and OrderSecurity OfficerBilateral Knees
References
4
Case No. ADJ5686973
Regular
Dec 09, 2011

WOLDESLASSIE HABTESLASSIE vs. SEBASTOPOL UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning a custodian's knee injury. The defendant school district sought a higher permanent disability rating, arguing the prior rating was improperly calculated under the 1997 Schedule. The Board agreed that the calculation might have erred by not considering the higher of work restrictions or subjective/objective factors. The matter of permanent disability was deferred and returned to the trial judge for a new decision, while other aspects of the prior award were affirmed.

Workers' Compensation Appeals BoardSebastopol Unified School DistrictWoldeslassie HabteslassiePermanent DisabilityApportionment1997 Schedule for Rating Permanent DisabilitiesWork RestrictionsSubjective and Objective FactorsPanel Qualified Medical Evaluator (PQME)Findings Award and Order
References
0
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