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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

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

Surgicare Surgical v. National Interstate Insurance

This case addresses whether an insurer complies with New York's 11 NYCRR 68.6 regulation by reimbursing for out-of-state medical services according to the host state's (New Jersey's) no-fault fee schedule. Plaintiff Surgicare Surgical, assignee of an injured party, sought full payment for surgery performed in New Jersey, but defendant National Interstate Insurance Company paid a reduced amount based on New Jersey's fee schedule. The court affirmed the defendant's method, ruling that when medical services are rendered in another jurisdiction with its own fee schedule, the 'permissible' charge under that schedule constitutes the 'prevailing fee' under New York's regulation. The decision emphasized alignment with legislative intent to contain no-fault insurance costs and reduce judicial burden, dismissing the plaintiff's complaint and denying its cross-motion.

No-Fault BenefitsInsurance LawFee Schedule DisputeOut-of-State Medical ServicesNew York RegulationsNew Jersey Fee ScheduleStatutory InterpretationAutomobile AccidentReimbursement DisputeSummary Judgment
References
17
Case No. 2015 NY Slip Op 05114 [129 AD3d 525]
Regular Panel Decision
Jun 16, 2015

Matter of Port Auth. of N.Y. & N.J. v. Union of Automotive Technicians

This case involves an appeal regarding an arbitration award concerning an E-Z Pass benefit for retired members of the Union of Automotive Technicians. The Supreme Court, New York County, modified the arbitration award to rule that the E-Z Pass benefit is a vested lifetime benefit. The Appellate Division, First Department, affirmed this judgment, citing its disposition in previous appeals with similar issues. The court concluded that the Supreme Court reached the correct result based on established precedent.

Arbitration AwardE-Z Pass BenefitVested Lifetime BenefitPublic Employee UnionCollective BargainingAppellate ReviewJudicial PrecedentMemorandum of AgreementLabor DisputeAffirmance
References
3
Case No. MISSING
Regular Panel Decision

In Re National Ass'n of Broadcast Employees & Technicians

The National Association of Broadcast Employees & Technicians (NABET) petitioned to vacate an arbitration award from March 22, 1987, which enjoined the Union from interfering with the National Broadcasting Company's (NBC) training operations. NBC had sought expedited arbitration after alleged threats of picketing during strike preparations. NABET argued the umpire exceeded his authority, the award was vague, and demonstrated partiality. The court, presided over by Judge Cedarbaum, denied NABET's petition and granted NBC's cross-motion to confirm the award. The judge found the umpire acted within his powers, the award was sufficiently definite, and there was no evidence of manifest disregard for the law or evident partiality.

arbitration awardvacate arbitrationconfirm arbitrationlabor disputeunion interferenceexpedited arbitrationFederal Arbitration ActNorris-LaGuardia Actmanifest disregard of lawevident partiality
References
10
Case No. MISSING
Regular Panel Decision

Claim of Thatcher v. Crouse-Irving Memorial Hospital

A claimant, a certified surgical technician at Crouse-Irving Memorial Hospital, sustained a broken ankle after slipping on salt or gravel in a private parking garage while en route to work. The Workers’ Compensation Board ruled that the injury was compensable as it occurred within the course of employment, finding that the employer had extended its premises to the parking facility. The employer encouraged employees to use this facility, offering reduced rates and direct payroll deductions, and it was physically connected to the hospital. The appellate court affirmed the Board's decision, concluding that there was sufficient nexus between the parking facility, endorsed by the employer, and the employer's premises to deem the accident compensable.

Workers' CompensationParking Lot InjuryPremises LiabilityCourse of EmploymentAppellate ReviewInjury CompensationEmployee BenefitsHospital EmployeeSlip and FallCompensable Injury
References
3
Case No. MISSING
Regular Panel Decision

Jean-Louis v. Metropolitan Cable Communications, Inc.

Current and former Metro technicians sued Metropolitan Cable Communications, Inc., its executives, and Time Warner Cable of New York City for unpaid overtime wages under the Fair Labor Standards Act. Defendant Time Warner moved for summary judgment, arguing it was not a joint employer of the technicians. The Court applied the 'economic reality' test, assessing factors of formal and functional control. Finding that Time Warner lacked significant control over hiring, firing, schedules, payment, or records, and that most functional control factors also weighed against joint employment, the Court granted Time Warner's motion for summary judgment. The sole factor supporting joint employment, that Metro technicians worked exclusively for Time Warner, was deemed insufficient to establish an employer relationship.

FLSAOvertime PayJoint EmploymentEconomic Reality TestSummary JudgmentSubcontractingCable TechniciansEmployer-Employee RelationshipFormal ControlFunctional Control
References
25
Case No. ADJ3625409 (SAL 0119152)
Regular
Sep 21, 2009

GUADALUPE BENAVIDES vs. SALINAS VALLEY MEMORIAL HOSPITAL, Permissibly Self-Insured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Appeals Board granted reconsideration, rescinding the prior award. The WCJ incorrectly ruled that surgical knee replacement precluded apportionment of permanent disability. The Board found that Labor Code § 4663 requires apportionment based on causation, even if the contributing pathology is surgically removed. Therefore, the matter was returned for a new rating based on the QME's opinion that 75% of the applicant's permanent disability was due to pre-existing conditions.

ApportionmentPermanent DisabilityQualified Medical EvaluatorIndustrial InjuryNon-IndustrialPrevious InjuriesDegenerative ArthritisTotal Knee ReplacementLabor Code § 4663Causation
References
4
Case No. OAK 0314027
Regular
Jul 30, 2007

ANASTACIA MURELLA vs. DEPARTMENT OF INDUSTRIAL RELATIONS / STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior order disallowing a lien claim from Bay Surgery Center (BSC) for surgical services. The Board found that the administrative law judge incorrectly applied the *Kunz* standard for evaluating outpatient surgical facility fees and that the issue of BSC's licensure and fictitious-name permit requirements needed further consideration. The case is remanded to the trial level for a new decision that properly addresses these issues, ensuring compliance with *Stokes* and *Kunz*.

KunzFictitious-name permitBurden of proofLien claimantMedical BoardAmbulatory surgical centerMedicare rateLicensed physicianAccreditationUsual fee
References
11
Case No. ADJ7184361
Regular
Jan 17, 2012

MUNSAMI NAIKER vs. NCR CORPORATION, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injuries and entitled to spinal surgery by Dr. Nottingham. Defendant argued the WCJ improperly designated Dr. Nottingham as a "Section 4062(b) evaluator" and that his surgical request violated procedural regulations. The Board, adopting the WCJ's report, rescinded the prior award and returned the case to the trial level for further proceedings. This allows for clarification on Dr. Nottingham's role and the validity of his surgical recommendation.

Workers' Compensation Appeals BoardMunsami NaikerNCR CorporationAce American InsuranceFindings Award and Orderindustrial injuryback injuryinternal system injurypsyche injuryengineer
References
0
Case No. ADJ6512547
Regular
Sep 16, 2011

JUAN SANDOVAL vs. MILKY WAY DAIRY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

This case concerns a dispute over a $8,177.09 balance owed to a lien claimant, Summit Surgical, for outpatient surgical services. The defendant sought reconsideration of the Workers' Compensation Judge's award, arguing the lien claimant failed to prove the treatment was reasonable and necessary per *Kunz* and *Tapia*, and that the claim was barred by the statute of limitations. The Appeals Board granted reconsideration, rescinded the award, and returned the matter for further proceedings. The Board found the WCJ failed to rule on the statute of limitations defense, which is a mandatory issue to address.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings of FactAwardWCJSummit SurgicalStatute of LimitationsLabor Code Section 5405Reasonableness of Treatment
References
10
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