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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
Jun 17, 1977

Prate v. Freedman

This case involved white applicants who sued the City of Rochester, New York, alleging reverse discrimination in police officer hiring practices that favored minority applicants. The plaintiffs challenged a prior consent decree from Howard v. Freedman, which had established affirmative action measures. Chief Judge Curtin dismissed the consolidated actions, ruling it an impermissible collateral attack on the Howard decree due to the plaintiffs' failure to intervene timely. The court also held that the Constitution permits limited preferences for previously discriminated groups and dismissed pendent state law claims as superseded by federal law. Finally, the court awarded attorney fees to the defendant-intervenors, finding the plaintiffs' suit unreasonable and vexatious.

Reverse DiscriminationAffirmative ActionPolice RecruitmentEmployment LawCollateral Attack DoctrineConsent DecreeJudicial ReviewAttorney Fee AwardSubject Matter JurisdictionState Law Preemption
References
15
Case No. ADJ3857516 (VNO 0505788)
Regular
Sep 20, 2013

ALBERTO ALCAZAR vs. PACTIV CORPORATION

This case involves a worker's compensation claim where the employer, Pactiv Corporation, was found to have unreasonably delayed necessary medical treatment, including transportation and home care. The Appeals Board modified a prior decision, finding the unreasonable delay occurred from December 20, 2010, to March 2, 2011, and reduced the penalty from 25% to 15% of the delayed benefits. The Board reversed the penalty for two instances of transportation failure by a hired company, deeming it not the employer's unreasonable conduct. Finally, attorney fees were reduced as some services were deemed unnecessary for the period of unreasonable delay.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OrderUnreasonable DelayMedical TreatmentTransportationHome Care AssistanceLabor Code section 5814Penalty
References
1
Case No. MISSING
Regular Panel Decision

Informal Opinion No.

The opinion addresses whether Rockland County can mandate that 50% of public works project hires be county residents. It analyzes various constitutional clauses, finding the Commerce Clause not an impediment due to the 'market participant' doctrine and congressional authorization for federal funds. It distinguishes a local law from a state law concerning the Privileges and Immunities Clause, suggesting a local law targeting non-county residents (including other state residents) might be valid. The opinion also examines the Equal Protection Clause and bona fide residency requirements, concluding they generally pass the rational basis test. However, it cautions that such a local law must not violate General Municipal Law § 103 competitive bidding requirements, which would be a factual determination on a case-by-case basis.

Public Works ProjectsResident Hiring RequirementsLocal Law AuthorizationCommerce ClausePrivileges and Immunities ClauseEqual Protection ClauseCompetitive BiddingGeneral Municipal LawHome Rule LawMarket Participant Doctrine
References
17
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. County of Monroe

Wachtler, J., dissents, arguing that the Appellate Division's order should be reversed because substantial evidence supports the State Human Rights Division's determination that Monroe County discriminated against a complainant due to his physical disability. The complainant, a Vietnam War veteran with a combat injury affecting his right knee, was hired as a maintenance mechanic by Monroe County. Despite satisfactorily performing all duties, he was fired after an employment physical revealed he could not assume a full squatting position. The county admitted firing him due to his disability but failed to provide factual support that his disability hampered his job performance or posed a safety risk, relying instead on abstract assumptions. This decision, the dissent argues, undermines the Human Rights Law's purpose to protect individuals from discrimination based on unreasonable fears, especially given the complainant's disability resulted from military service.

Physical DisabilityDiscriminationEmployment LawHuman Rights LawVietnam VeteranMonroe CountyWrongful TerminationAppellate DivisionDissenting OpinionWorkplace Discrimination
References
1
Case No. ADJ2607862 (SDO 0334155)
Regular
Feb 17, 2012

JAVIER HERNANDEZ vs. SWEETWATER UNION HIGH SCHOOL DISTRICT, Permissibly Self-Insured, Administered By CORVEL CORPORATION

This case concerns an employer's unreasonable delay in providing a new treating physician to an applicant with a psyche injury, leading to a penalty under Labor Code section 5814. The defendant argued the delay was not unreasonable and was applicant's fault, but the Board found the employer has an affirmative duty to actively provide medical care. Based on the WCJ's report, which indicated no evidence of the defendant's efforts to locate a physician, reconsideration was denied. The Board affirmed the finding of unreasonable delay and the imposition of a penalty.

Labor Code section 5814unreasonable delaymedical treatmenttreating physicianpenaltypsyche injuryhealth care technicianCORVEL CORPORATIONSWEETWATER UNION HIGH SCHOOL DISTRICTpermanent disability
References
6
Case No. ADJ3085209 (LAO 0871020), ADJ2932964 (LAO 0828514), ADJ8066790
Regular
Jul 06, 2018

MARC KELLER vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding of unreasonable delay in payments by the City of Los Angeles (City). The WCAB found that the City's application of a credit from one case to the front end of an award in another case was not unreasonable, as the stipulation was silent on the deduction method. Additionally, the WCAB determined that the City's deduction for the present value of a commuted attorney's fee in a separate case was a proper calculation of the award, not an unreasonable withholding. Consequently, no penalties or interest were deemed due.

ADJ3085209ADJ2932964ADJ8066790Petition for ReconsiderationFindings and Awardunreasonable delayLabor Code 4650Labor Code 5814Labor Code 5814.5attorney's fees
References
15
Case No. ADJ2562535 (BAK 0151733)
Regular
Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma
References
6
Case No. ADJ9674694
Regular
Feb 02, 2016

RAMONDA WALKER vs. PETROCHEM INSULATION, INC., ACE AMERICAN INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.

JurisdictionContract of HireLabor Code § 5305Labor Code § 3600.5(a)WCABIndustrial InjuryPetrochem InsulationInc.Ramonada WalkerReconsideration
References
14
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
23
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