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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

Catania v. Hartford Accident & Indemnity Co.

This case involves a submitted controversy under sections 546 to 548 of the Civil Practice Act, concerning whether a liability policy issued to John Schiro extends coverage to the plaintiff for injuries sustained by Schiro's wife. Schiro's wife alleged negligence against her spouse in the operation of his vehicle during his employment with the plaintiff. The court analyzed Insurance Law section 167 (subd. 3), which states that policies do not cover liability for spousal injuries unless expressly provided. Citing Morgan v. Greater New York Taxpayers Mut. Ins. Assn., the court treated the policy as if issued to the plaintiff alone, determining that Schiro's wife is not the plaintiff's spouse, thus making section 167 (subd. 3) inapplicable. The decision, supported by Manhattan Cas. Co. v. Cholakis, concluded that the insurer is liable. Therefore, judgment was granted in favor of the plaintiff, requiring the defendant to defend the pending negligence action and pay any judgment up to the policy limits.

Liability PolicyInsurance CoverageSpousal LiabilityCivil Practice ActInsurance LawNegligenceDeclaratory JudgmentAutomobile AccidentEmployer LiabilityInterspousal Immunity
References
2
Case No. AHM 118785
Regular
Aug 09, 2007

LISABETH BLACK vs. WAL-MART, AIG, FRANK GATES SERVICE CO.

This case concerns a dispute over which permanent disability rating schedule applies to an applicant injured before January 1, 2005. The defendant argues the WCJ improperly applied the 1997 schedule, while the WCJ believes a pre-2005 treating physician's report indicating permanent disability triggers the exception to using the new schedule. The Appeals Board granted reconsideration to allow applicant to submit the missing treating physician's reports to determine the applicable rating schedule.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardpermanent disabilityrating scheduleLabor Code section 4660treating physician's reportAMA GuidesmeniscectomyQualified Medical Evaluator
References
3
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. 2023 NY Slip Op 03828
Regular Panel Decision
Jul 13, 2023

Matter of Hoffmann v. New York State Ind. Redistricting Commission

This case concerns an appeal from a CPLR article 78 proceeding seeking to compel the New York State Independent Redistricting Commission (IRC) to fulfill its constitutional duty to prepare and submit a second redistricting plan to the Legislature. Following the 2020 federal census, the IRC failed to achieve consensus and did not submit a second plan after its initial proposals were rejected. This led to legislative action and subsequent judicial intervention in Matter of Harkenrider v Hochul, where the Court of Appeals deemed the legislative maps unconstitutional and ordered court-drawn maps for the 2022 election. The Appellate Division, Third Department, found the petitioners' mandamus proceeding timely and concluded that the Harkenrider decision's remedy for the 2022 elections did not absolve the IRC of its ongoing, mandatory constitutional obligation. Consequently, the court reversed the lower court's dismissal, granting the petition and directing the IRC to immediately commence its duty to create and submit a second redistricting plan.

Redistricting ProcessIndependent Redistricting CommissionConstitutional MandateCPLR Article 78 ProceedingMandamus to CompelJudicial InterventionElectoral DistrictsLegislative AuthorityBipartisan ReformGovernmental Accountability
References
34
Case No. ADJ6587935
Regular
Aug 14, 2012

BRENT HAWKINS vs. FOOD FOR LESS, SEDGWICK CMS, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order that awarded a lien claimant $900. The defendant argued the Workers' Compensation Judge (WCJ) improperly considered an informal agreement not submitted for approval. The Board found it a due process violation for the WCJ to treat a proposed exhibit as a stipulated agreement without it being formally submitted. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardAspen Medical Grouplien claimantinformal agreementstipulation and orderdue processGangwish v. Workers' Comp. Appeals Bd.Rucker v. Workers' Comp. Appeals Bd.Beverly Hills Multispecialty GroupInc. v. Workers' Comp. Appeals Bd.
References
5
Case No. ADJ1474695
Regular
Apr 12, 2019

IRIS TABORA vs. HARBOR BUILDING SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns lien claimants whose liens were filed before January 1, 2013. The WCJ initially invalidated their liens for failing to submit declarations under Labor Code section 4903.8(d). However, the Appeals Board rescinded this order, finding that section 4903.8(e) does not apply to pre-2013 liens. The matter was returned to the trial level to allow the lien claimants to submit compliant declarations and for further proceedings.

Workers' Compensation Appeals BoardLabor Code Section 4903.8Lien ClaimantsDeclarationReconsiderationMinute OrderWCJInvalid LiensSubstantial JusticeCompromise and Release
References
2
Case No. ADJ8219541, ADJ8219543
Regular
Jun 19, 2014

JULIO GONZALEZ vs. AMERICAN BATH AND BODY; EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of the applicant's specific injury claim (ADJ8219541). This specific injury was improperly dismissed as it was never properly set for trial or noticed for hearing. However, the WCJ's decision dismissing the applicant's cumulative trauma claim (ADJ8219543) was affirmed. The cumulative trauma claim was properly submitted for decision after the applicant failed to object to the notice of intent to submit despite his representative's appearance at trial.

Petition for ReconsiderationSpecific InjuryCumulative TraumaFailure to AppearNotice of Intent to DismissDue ProcessHearing NoticeSummary JudgmentMandatory Settlement ConferenceAdmitted Record
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Associated Corset & Brassiere Manufacturers of New York, Inc. & Corset & Brassiere Workers of New York, Local 32

The court determined that an arbitrator's award was void because the arbitrator failed to address all submitted matters and there was no consent for a partial award. The court emphasized that an arbitrator's authority terminates once an award is made, preventing further awards. The current case, involving an acknowledged and filed award intended for one of two submitted questions, was distinguished from a precedent where an opinion lacked formal recognition as an award. Consequently, the motion to vacate the arbitrator's award was granted, and a rehearing was ordered before the same arbitrator.

arbitration awardvacate awardarbitrator's authoritypartial awardrehearingcivil procedurejudicial reviewlegal precedentCarmody's New York PracticeCiv. Prac. Act
References
8
Case No. ADJ2609190 (VNO 0516982)
Regular
Oct 24, 2019

DEBORAH ORTIZ vs. KAISER PERMANENTE HOSPITAL/ SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's Amended Findings of Fact and Order, and returned the matter for further proceedings. The Board found that the lien claimant's arguments regarding the "Kiefer presumption" and the effect of the settlement were statutorily incorrect and unsupported by law. Furthermore, the Board noted a due process issue as the parties were not properly notified that the matter was being re-submitted for decision. The WCJ is instructed to issue a Notice of Intention to re-submit, allowing parties to respond, and conduct further appropriate proceedings.

Lien claimantPetition for ReconsiderationFindings of Fact and OrderInjury AOE/COEKiefer presumptionLabor Code 3202.5Labor Code 5705Tito TorresBurden of proofPrima facie case
References
2
Case No. ADJ7390533
Regular
Dec 10, 2018

HADA RAMOS vs. PREMIER BUILDING MAINTENANCE SERVICES, CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration to address discrepancies regarding submitted invoices for lien claimant Med-Legal Photocopy. Previously, a decision disallowed certain invoices due to perceived missing documentation, but the lien claimant asserted these were submitted. The Board found good cause to rescind its prior order and the WCJ's award due to potential technical filing issues with EAMS. The case is returned to the WCJ to develop the record concerning the disputed invoices and issue a new decision.

Med-Legal PhotocopyPetition for ReconsiderationOpinion and Decision After ReconsiderationAdministrative Law JudgeFindings and AwardLien ClaimantInvoicesBurden of ProofRecord DevelopmentElectronic Adjudication Management System (EAMS)
References
0
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