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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
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. ADJ7284005, ADJ7912473
Regular
Apr 06, 2017

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, IMPERIUM INSURANCE COMPANY

This case involves a clerical error in a March 17, 2017 Workers' Compensation Appeals Board decision. The Board inadvertently swapped defendants between two consolidated cases (ADJ7912473 and ADJ7284005) and used an incorrect case number. The Board rescinded the prior decision and substituted a corrected version to accurately reflect the assigned defendants and case numbers. The corrected decision details the specific injuries, defendants, and awards for each applicant.

Workers' Compensation Appeals BoardClerical ErrorRescindedSubstitutedJoint Findings Award and OrdersIndustrial InjuryRight ShoulderBrainLeft KneeLumbar Spine
References
1
Case No. ADJ-4279077 (SDO 0317244)
Regular
Jun 09, 2016

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) issued a Decision After Removal ordering the striking of three sets of documents from the EAMS record. These documents pertained to San Diego Superior Court Case Number 37-2016-00006537-CU-IC-CTL and were submitted without objection. The WCAB previously issued a Notice of Intention to Strike these documents, stating they would be removed unless good cause to the contrary was shown. No objections were received from the parties or the identified attorneys.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS recordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyLiquidationSan Diego Superior CourtObjectionGood Cause
References
1
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
0
Case No. MISSING
Regular Panel Decision

European American Bank v. Strab Construction Corp.

The plaintiff-appellant filed a motion to resettle a prior decision from April 5, 1993, seeking to substitute Marla Strow for the deceased defendant Jerome Strow and to include prejudgment interest in the judgment. The court denied the substitution motion without prejudice, directing an application to the Surrogate's Court and then a motion in the Supreme Court. However, the branch of the motion concerning prejudgment interest was granted, leading to the recall and vacation of the original April 5, 1993 decision, and the substitution of the present decision and order. In this new decision, the appeal against Jerome Strow was dismissed, and the order pertaining to him was vacated because he died before the summary judgment motion was decided. Conversely, the court reversed the prior order concerning defendants Strab Construction Corp. and Gary Rabinowitz, granting summary judgment to the plaintiff for $1,205,000, and remitting the case for the calculation of prejudgment interest and attorney fees.

Promissory NotesSummary JudgmentPrejudgment InterestSubstitution of PartiesDeceased DefendantStatute of FraudsOral AgreementAppellate ProcedureCivil ProcedureNassau County
References
8
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
0
Case No. 87 Civ. 4277 (TPG), 87 Civ. 4572 (RWS), 87 Civ. 4279 (RWS), 87 Civ. 4307 (LBS), 87 Civ. 4457 (LLS)
Regular Panel Decision
Apr 11, 1989

Drago v. Celotex Corp.

This case addresses defendant Celotex Corporation's motion to sever four of five consolidated asbestos-related cases for trial in the Southern District of New York. The five plaintiffs, Rudolph Perich, Gerald Drago, James Oefelein, Conrad Kessler, and Harold Paskett, claim personal injuries or wrongful death due to asbestos exposure from Celotex products. The court, presided over by Judge Sweet, denied the motion, upholding the consolidation under Rule 42(a) of the Federal Rules of Civil Procedure. The decision weighed the efficiency of consolidation against potential prejudice, finding common issues of law and fact despite variations in plaintiffs' work sites and medical conditions. The court highlighted the shared counsel and the relatively small number of consolidated claims as factors favoring joint trial.

Asbestos LitigationCivil ProcedureRule 42(a) FRCPConsolidation of ActionsSeverance of ActionsPersonal InjuryWrongful DeathProduct LiabilityFederal District CourtAsbestosis
References
20
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