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

Case No. MISSING
Regular Panel Decision

Raczka v. Nichter Utility Construction Co.

A plaintiff was severely injured when a hydraulic platform lift collapsed, causing him to fall during the installation of a traffic signal. He initiated an action against the general contractor, Nichter Utility Construction Company, Inc., citing a violation of Labor Law § 240 (1). Nichter, in turn, filed a third-party action against the plaintiff's employer, A.J.L. Electric Co., Inc., for indemnification. The Supreme Court granted the plaintiff's motion for partial summary judgment on liability, establishing that the injury resulted from a safety device's failure to provide adequate protection against an elevation-related risk. The appellate court affirmed this decision, rejecting the defendants' arguments that the plaintiff needed to prove the lift's malfunction cause or that his alleged negligence was the sole proximate cause of the injuries, deeming these contentions speculative.

Hydraulic lift accidentLabor Law 240(1)Elevation hazardSafety equipment failureSummary judgmentAppellate reviewGeneral contractor liabilityThird-party claimProximate causationWorkplace safety
References
7
Case No. MISSING
Regular Panel Decision
May 08, 1992

Theresa M. C. v. Utilities Mutual Insurance

The case involves an appeal by Utilities Mutual Insurance Company regarding an order from the Surrogate’s Court, Nassau County. This order had extinguished the company's Workers’ Compensation lien and mandated a payment of $74,700 for legal fees related to a third-party action settlement. The third-party recovery stemmed from a legal malpractice action concerning the estate of Frederic C., whose widow received workers' compensation benefits. The appellate court found that the Surrogate's Court erred by failing to discount the total estimated future Workers' Compensation benefits to their present value when calculating the deficiency and the carrier's equitable share of legal expenses. Consequently, the order was reversed, and the matter was remitted to the Surrogate's Court to determine the present value of future benefits using specified Workers' Compensation Law provisions and actuarial tables.

Workers' Compensation LienThird-Party ActionLegal MalpracticeSettlement ApportionmentLegal FeesPresent Value CalculationFuture BenefitsSurrogate's CourtAppellate ReversalRemittal
References
4
Case No. MISSING
Regular Panel Decision

Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. Public Utilities Commission of California (In Re 360networks (USA) Inc.)

The Official Committee of Unsecured Creditors of 360networks (USA) Inc. (Debtors) initiated an adversary proceeding against the Public Utilities Commission of the State of California (CPUC) seeking to avoid certain fee payments as preferential transfers under the Bankruptcy Code. The CPUC moved to dismiss the action, asserting Eleventh Amendment sovereign immunity and arguing the court lacked jurisdiction. Judge Allan L. Gropper denied the CPUC's motion, concluding that the court holds in rem jurisdiction over the debtor's property in a preference action. The Court determined that the exercise of this jurisdiction would not offend state sovereignty, citing various forms of potential relief available, including the disallowance of claims by other California state instrumentalities.

Bankruptcy LawSovereign ImmunityEleventh AmendmentIn Rem JurisdictionPreference ActionMotion to DismissPublic Utilities CommissionCalifornia Environmental Quality ActDebtor-Creditor RelationsFederal Jurisdiction
References
45
Case No. MISSING
Regular Panel Decision

Brown v. Orange & Rockland Utilities, Inc.

Joe F. Brown, an African-American employee, sued Orange & Rockland Utilities, Inc. (Rockland) alleging racial discrimination, hostile work environment, and constructive discharge under 42 U.S.C. § 1981 and the New York State Human Rights Law. Brown claimed that a coworker, Kevin Pfeil, spread rumors of theft, made phone calls to his home, and encouraged other coworkers to shun him due to his race. He also reported seeing two nooses after altercations with another coworker, Keith Bonne. The Court granted summary judgment in part, denying Brown's constructive discharge claim because he failed to show Rockland's actions were deliberate, but denied Rockland's motion for summary judgment on the hostile work environment claim, finding sufficient evidence regarding the nooses to proceed to trial. The Court found genuine issues of material fact regarding whether Rockland could be charged with knowledge of Bonne's harassment due to Pfeil's position and Brown's notification to Pfeil.

Hostile Work EnvironmentConstructive DischargeRacial DiscriminationCivil Rights ActSummary JudgmentCoworker HarassmentEmployer LiabilityAgency LawNoosesWorkplace Bullying
References
27
Case No. MISSING
Regular Panel Decision

Matter of Koniak v. Salamanca Board of Public Utilities

Claimant sustained work-related neck and back injuries in a December 2006 accident while working for Salamanca Board of Public Utilities, establishing a workers' compensation claim. In October 2012, while employed elsewhere, he experienced new symptoms in his left arm and leg after an incident, diagnosed as lower back abnormalities. The carrier for the original claim denied payment for associated medical bills, asserting a new injury. A Workers' Compensation Law Judge initially agreed with the carrier, but the Workers' Compensation Board reversed, finding the carrier liable due to its failure to rebut the Workers’ Compensation Law § 21 (5) presumption of a causal relationship. The Appellate Division affirmed the Board's decision, without costs.

Workers' CompensationMedical BillsCausal RelationshipStatutory PresumptionBurden of ProofNeck InjuryBack InjuryShoulder InjuryAppellate ReviewPrior Injury
References
2
Case No. MISSING
Regular Panel Decision

Utility Workers Union v. Nuclear Regulatory Commission

The Utility Workers Union of America (UWUA) challenged Section 606 of the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986, which mandates fingerprint checks for unescorted access to nuclear facilities. The UWUA sought a declaratory judgment that the statute was unconstitutional and a preliminary injunction against the United States Nuclear Regulatory Commission's (NRC) implementing regulation. The court dismissed the challenge to the NRC regulation due to lack of jurisdiction, ruling it a final order reviewable only by the Courts of Appeals under the Hobbs Act, and the action was untimely. Addressing the constitutional challenge to the statute, the court found that the fingerprinting requirement did not violate Fourth Amendment or privacy rights, deeming the intrusion minimal and rationally related to national security. Consequently, the plaintiff's motions were denied, and the defendant's motion to dismiss was granted.

Constitutional LawFourth AmendmentPrivacy RightsFingerprintingNuclear SecurityDeclaratory JudgmentInjunctive ReliefJurisdictionAtomic Energy ActHobbs Act
References
24
Case No. ADJ6719136
Regular
Apr 01, 2011

RICHARD KITE vs. EAST BAY MUNICIPAL UTILITY DISTRICT

This case concerns Richard Kite's claim for workers' compensation for a hip injury sustained while employed by East Bay Municipal Utility District. The Workers' Compensation Appeals Board (WCAB) reconsidered an order mandating the employer restore applicant's sick and vacation leave at a higher rate tied to his later earnings. The WCAB found insufficient evidence to justify using the increased earnings for calculating leave restoration, as per *Grossmont Hospital v. WCAB*. Therefore, the WCAB amended the order to restore leave at the rate of $668.93 per week, based on the applicant's earnings at the time of the initial injury.

Petition for ReconsiderationTemporary Total DisabilityTD RateSick LeaveVacation LeaveEmployment Development DepartmentEDDWCJFindings of FactLabor Code
References
1
Case No. ADJ6713393, ADJ7568222
Regular
Feb 11, 2013

Tabitha Asim vs. East Bay Municipal Utilities District

This case involves a petition for reconsideration by the defendant, East Bay Municipal Utilities District, challenging an administrative law judge's award of permanent disability for Tabitha Asim's hip and lumbar spine injuries. The defendant argues that the Qualified Medical Evaluator's (QME) disability ratings were not substantial medical evidence, as they were based on restrictions caused by a non-industrial hernia and lacked adequate justification under *Almaraz/Guzman*. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further development of the medical record to clarify the extent of permanent disability. The Board noted the QME's inability to differentiate limitations caused by the industrial injuries from those due to the hernia.

Almaraz/GuzmanQualified Medical EvaluatorWhole Person ImpairmentCumulative traumaTrochanteric bursitisLumbar spinePermanent disabilityReconsiderationFindings and AwardSubstantial medical evidence
References
3
Case No. 93 Civ 6132; 93 Civ 7026
Regular Panel Decision

Tilcon Minerals, Inc. v. Orange & Rockland Utilities, Inc.

The case involves mirror-image diversity suits between Orange and Rockland Utilities, Inc. (Orange) and Tilcon Minerals, Inc. (Tilcon) concerning a 1985 agreement for the relocation of Tilcon's rock crushing plant. Disputes arose regarding the authorized relocation site and associated costs. Tilcon moved for summary judgment in two cases (93 Civ 6132 and 93 Civ 7026), seeking a declaration that its interpretation of the agreement was correct and Orange's claims lacked merit. The court denied Tilcon's motions for summary judgment without prejudice, deeming adjudication premature until relocation costs are determined. The court also suggested alternative dispute resolution methods due to the complex engineering and accounting issues involved.

Contract DisputeDeclaratory JudgmentSummary JudgmentRelocation CostsDiversity JurisdictionPremature AdjudicationAlternative Dispute ResolutionFederal Rules of Civil ProcedureInterlocutory AppealsMonetary Remedies
References
17
Case No. MISSING
Regular Panel Decision
Apr 12, 1990

LOCAL 1-2, UTILITY WORKERS OF AMERICA v. Helmer

This Memorandum Decision addresses several motions in a case involving Local 1-2, Utility Workers Union of America, individual plaintiffs, Mr. Jenkins, and other defendants. The Court denied Local 1-2's motion for a default judgment, deeming the defendants' late answer timely due to excusable neglect. Defendants' motion to reinstate previously dismissed individual plaintiffs was granted. Several counterclaims brought by Mr. Jenkins, including those for By-Laws violation, malicious prosecution, and abuse of process, were dismissed for various reasons, such as lack of standing or prematurity. While a motion for partial summary judgment concerning Mr. Jenkins' third counterclaim was granted in part, motions for summary judgment regarding mail fraud allegations and Mr. Jenkins' cross-motion for summary judgment were both denied due to unresolved genuine issues of material fact. Lastly, another motion for summary judgment by the other defendants was voluntarily withdrawn.

Default JudgmentExcusable NeglectVoluntary DismissalReinstatement of PlaintiffsCounterclaimsLack of StandingMalicious ProsecutionAbuse of ProcessPartial Summary JudgmentSummary Judgment
References
3
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