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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

Claim of Joyner v. Event Design Associates, Inc.

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. MISSING
Regular Panel Decision

Nautilus Insurance v. Matthew David Events, Ltd.

Nautilus Insurance Company sought a declaration that it was not obligated to defend or indemnify Matthew David Events (MDE) in a personal injury action brought by Timothy Shea. Shea, an employee of a subcontractor hired by MDE, was injured while working at an event planned by MDE. Nautilus disclaimed coverage due to MDE's failure to provide timely notice and an employee exclusion in the policy. The motion court denied Nautilus's summary judgment, finding the employee exclusion ambiguous. The appellate court reversed, holding that the employee exclusion, which broadly defined 'employee' to include those 'contracted for' the insured, clearly applied to Shea, an employee of MDE's subcontractor. The court concluded that Nautilus had met its burden in demonstrating the exclusion's applicability.

Insurance Coverage DisputeDeclaratory Judgment ActionEmployee Exclusion ClauseContract InterpretationSubcontractor Employee InjuryTimely Notice ProvisionSummary Judgment ReversalAppellate Court DecisionCommercial General Liability PolicyBodily Injury Claim
References
21
Case No. 05-19-00252-CV
Regular Panel Decision
Jan 07, 2020

Erin Walker v. Pegasus Eventing, LLC, Ellen Doughty-Hume And Alistair Hume

This appeal concerns an interlocutory order from the 422nd Judicial District Court of Kaufman County, Texas, regarding a motion to dismiss filed under the Texas Citizens Participation Act (TCPA). Appellant Erin Walker, a former client of appellees Pegasus Eventing, LLC, Ellen Doughty-Hume, and Alistair Hume, sought dismissal of their claims (business disparagement, tortious interference, intentional infliction of emotional distress, and civil conspiracy) after making complaints to the United States Eventing Association (USEA) about Doughty-Hume's training methods. The core issue on appeal was the timeliness of the hearing on Walker's TCPA motion. The Court found that the hearing on Walker’s motion was untimely, occurring 109 days after service, exceeding the 90-day (or 120-day with court-allowed discovery) statutory deadline. The court rejected arguments that amended petitions or a Rule 11 agreement reset or extended the deadline. Consequently, Walker forfeited her TCPA motion. The Court affirmed the denial of Walker's motion to dismiss the business disparagement claim but reversed the grant of dismissal for the other claims and reversed the award of attorney's fees and sanctions to Walker, remanding the cause for further proceedings.

Texas Citizens Participation ActTCPAMotion to DismissTimelinessAppellate ProcedureRule 11 AgreementDiscovery ExtensionService of ProcessBusiness DisparagementTortious Interference
References
25
Case No. 2021 NY Slip Op 01347
Regular Panel Decision
Mar 04, 2021

Treacy v. Inspired Event Productions, LLC

Peter Treacy, a Teamsters' Union laborer, was injured on a loading dock when a crate fell on him while unloading materials for an event. He subsequently filed claims against multiple defendants under Labor Law §§ 240(1) and 241(6). The Supreme Court granted summary judgment to the defendants, dismissing Treacy's claims. On appeal, the Appellate Division, First Department, affirmed the lower court's decision, ruling that Treacy was not a covered worker under the Labor Law as his duties were limited to unloading materials on a permanent loading dock and he was not involved in the actual construction being performed at the site.

Worker injuryloading docksummary judgmentLabor Law § 240Labor Law § 241(6)construction workerscope of employmentappellate reviewTeamsters' Unionpremises liability
References
7
Case No. ADJ8222509
Regular
May 12, 2015

SARAI CRUZ CANSECO vs. NEW DESSERTS, INC., WAUSAU UNDERWRITERS INSURANCE COMPANY

This case concerns whether an employee's psychiatric injury claim is barred by Labor Code section 3208.3(d), which typically requires six months of employment, unless the injury resulted from a "sudden and extraordinary employment condition." The applicant, employed for less than six months, injured her wrist and ankle when a bakery cart collapsed. The majority affirmed the WCJ's decision, finding the cart's collapse constituted a sudden and extraordinary event that did not bar the psychiatric claim. The dissenting commissioner argued the collapse was an unforeseen accident but not extraordinary enough to bypass the six-month rule, differentiating it from truly sudden and extraordinary events.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment rulebakery cart collapseindustrial injurycompensable consequenceroutine employment eventoccupational hazardno-fault system
References
3
Case No. MISSING
Regular Panel Decision

Flores v. Act Event Services, Inc.

This case addresses alleged violations of the Fair Labor Standards Act (FLSA) by ACT Event Services, Inc., Roman Luis Gaona, and Final & Touch Cleaning Services. Plaintiffs accused defendants of failing to pay compensable travel time, adhering to federal minimum wage laws, and providing overtime compensation. The court reviewed defendants' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). The motions were granted for the putative collective action and all named plaintiffs, with the exception of Rosa Hernandez, whose claims were deemed sufficiently pleaded. The court also granted leave for the plaintiffs to amend the entire complaint.

FLSAFair Labor Standards ActCollective ActionMotion to DismissRule 12(b)(6)Rule 15Wage and HourOvertime CompensationMinimum WageCompensable Travel Time
References
34
Case No. ADJ2417702
Regular
Jun 18, 2012

SANDRA MEJIA vs. JACKSON'S CATERING & EVENTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration in *Mejia v. Jackson's Catering & Events* because it was not verified, violating Labor Code section 5902. Had it been verified, the Board would have denied it on the merits. The lien claimant failed to prove the medical necessity of transportation services, and the defendant was not required to prove compliance with certain notification requirements. The Board also admonished the petitioner for failing to adhere to form requirements for filed documents.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedMedically reasonableNecessaryLabor Code section 4610(g)Medical provider network noticesMPNForm requirements
References
3
Case No. 2021 NY Slip Op 01219
Regular Panel Decision
Feb 25, 2021

Robinson v. Foremost Glatt Kosher Caterers, Inc.

Plaintiff Barry Robinson initiated a class action against Foremost Glatt Kosher Caterers, Inc., alleging the company withheld mandatory gratuity charges from catering service workers in violation of Labor Law § 196-d. Foremost, in turn, filed a third-party complaint against Kensington Event Staffing, seeking indemnification. The Supreme Court denied Kensington's motion to dismiss the third-party complaint. On appeal, the Appellate Division, First Department, reversed the lower court's decision. The court granted Kensington's motion to dismiss, finding that Foremost failed to state a cause of action for implied indemnification, as there were no allegations that Kensington wrongfully withheld charges or influenced Foremost's decision to retain them.

GratuitiesWage OrderImplied IndemnificationThird-Party ComplaintMotion to DismissLabor LawAppellate ReviewCatering IndustryWorkers' Rights
References
3
Case No. MISSING
Regular Panel Decision

Caramante v. Regan

A police sergeant from Rochester injured his back while moving a desk and subsequently applied for accidental disability retirement benefits. The respondent denied the application, asserting that the incident did not constitute an 'accident' under Retirement and Social Security Law § 363. The court, referencing established legal precedents, concluded that the injury resulted from the petitioner's own voluntary physical exertion during a routine work task, rather than an unforeseen or accidental event. Consequently, the court affirmed the respondent's determination and dismissed the petition.

accidental disability retirementpolice sergeantback injurydesk movementphysical exertionvoluntary actnot an accidentretirement benefitsCPLR article 78 proceedinginjury causation
References
8
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
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