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

Case No. 6784-17
Regular Panel Decision
Aug 10, 2018

Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC

Plaintiff Vincent Crisafulli Testamentary Trust brought an action against AAI Acquisition, LLC and United Electric Power, Inc. to enforce the terms of an alleged commercial lease and guarantee. Plaintiff sought to recover money damages for breach of a Letter Agreement and a Guaranty, and also under an assumed Lease. The Supreme Court, Albany County, granted the plaintiff's motion for summary judgment on the first cause of action, finding the Letter Agreement a valid and binding contract and awarding $193,350.23 in damages. However, the motion for summary judgment on the second cause of action (breach of Guaranty) was denied, as the court found the record insufficiently developed to establish United Inc.'s liability. The third cause of action, concerning the assumed Lease, was dismissed because the Letter Agreement superseded the original Lease.

Contract LawCommercial LeaseSummary Judgment MotionBreach of ContractGuaranty AgreementStatute of FraudsCondition PrecedentDamages AwardCounsel FeesCorporate Liability
References
45
Case No. SRO 0088351
Significant
Mar 20, 2002

Cheryl Coldiron vs. Compuware; Permissibly Self-Insured, by And through Gallagher Bassett Services, Inc., Adjusting Agent

The board issues a notice of intent to sanction a third-party administrator for failing to disclose the correct insurance carrier for over six years and schedules a conference to clarify the employer-insurer relationship.

Workers' Compensation Appeals BoardEn BancPetition for ReconsiderationFindings and AwardPermissibly Self-InsuredThird-Party AdministratorHigh Self-Insured RetentionSanctionsLabor Code Section 5813Excusable Error
References
5
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant
Jun 17, 2024

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

The Appeals Board consolidates two cases and issues a notice of intent to impose sanctions and costs against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay proceedings.

Labor Code Section 5813SanctionsCostsAttorney's FeesImproper MotiveFrivolousUnnecessary DelayPetitions for ReconsiderationOrder Approving Compromise and ReleaseWillful Intent
References
13
Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860
Significant

Alfredo Ledezma, et al. vs. Kareem Cart Commissary and Mfg, State Compensation Insurance Fund, et al.

The Workers' Compensation Appeals Board consolidates eight cases and issues a notice of intent to impose sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing frivolous petitions for reconsideration with the intent to delay trial proceedings.

WCABen bancconsolidationsanctionscostsattorney's feesremovalreconsiderationLabor Code section 5813willful intent
References
12
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant
Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration
References
13
Case No. MISSING
Regular Panel Decision

Prave v. State

The State of New York appealed 17 separate orders from the Court of Claims that denied its motion for summary judgment in actions alleging intentional assault stemming from the Attica uprising. The State contended that the claimants' acceptance of workers' compensation benefits barred their intentional tort claims, constituting an election of remedies. Claimants argued they never applied for benefits and should not be bound by such an election. The Appellate Division held that accepting benefits, even if initiated by the employer, generally precludes a subsequent tort action if the Workers' Compensation Board determined the injuries were compensable. To pursue their tort claims, claimants must first seek to rescind the Board's prior determination that their injuries were accidental. Therefore, the Court unanimously reversed the lower court's orders, granted summary judgment to the State, and dismissed the claims without prejudice for claimants to seek a redetermination from the Workers' Compensation Board.

Attica UprisingWorkers' CompensationIntentional TortExclusive RemedySummary JudgmentCollateral AttackWorkers' Compensation BoardRescission of AwardElection of RemediesCourt of Claims
References
6
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
0
Case No. ADJ7536985
Regular
May 13, 2013

WALTER BARNETT vs. LOS ANGELES TIMES, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien. The lien claimant argued it never received the notice of intention to dismiss, but the Board found this contradictory as they had filed an objection. The Board also noted the lien claimant miscited and misrepresented relevant rules, and presented arguments previously rejected by the Board. Consequently, the Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimant and its representatives for frivolous conduct and misrepresentations.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of Intention to Dismiss LienFailure to AppearLien ConferenceAppeals Board Rule 10562SanctionsLabor Code Section 5813
References
2
Case No. MISSING
Regular Panel Decision

Ralph v. Oliver

This case concerns an appeal from an order of the Supreme Court, Oneida County. The Appellate Division modified the lower court's order, affirming in part and reinstating a cause of action. It was deemed proper to defer the plaintiff’s negligence claim against a coemployee defendant, pending a decision from the Workers’ Compensation Board regarding the course of employment. However, the court ruled that the plaintiff could pursue an intentional tort of assault claim independently, as it falls outside the Workers’ Compensation Law if the assault was committed with deliberate intent and outside the scope of employment. Consequently, the plaintiff's assault cause of action was reinstated.

Workers' CompensationNegligenceIntentional TortAssaultCoemployee LiabilityScope of EmploymentJudicial ReviewAppellate ProcedureSummary JudgmentWorkers' Compensation Board Deferral
References
5
Case No. MISSING
Regular Panel Decision

Cunningham v. State

This case consolidates 20 appeals addressing whether claimants are precluded by Workers' Compensation Law from suing their employer, the State of New York, for intentional assault. The claims arose from the 1971 Attica Correctional Facility uprising. The court held that claimants who applied for and received workers' compensation benefits, or for whom the Workers' Compensation Board determined injuries were accidental and compensable, are barred from maintaining intentional tort actions against their employer. The decision emphasizes the finality and exclusive remedy provisions of the Workers' Compensation Law, asserting that such matters fall under the Board's jurisdiction. The Appellate Division's dismissal of these actions was affirmed, with the court noting that claimants' only recourse is to petition the Workers' Compensation Board for reconsideration of its determinations.

Workers' Compensation LawExclusive RemedyIntentional AssaultAttica UprisingSummary JudgmentFinality of Board DecisionsCollateral AttackEmployer LiabilityJudicial ReviewTort Claims
References
10
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