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

Case No. ADJ6585876
Regular
Aug 27, 2014

VICENTE JACKSON vs. NORTHRUP GRUMMAN CORPRATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns applicant Vicente Jackson's claim for cumulative trauma injury sustained while employed by Vought Aircraft in Georgia and Florida. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's finding of no subject matter jurisdiction. The Board found insufficient evidence that Vought's employment of Jackson constituted a continuation of his original California employment contract with Northrup. Acceptance of a new job offer in Florida from Vought created a new employment contract, superseding any prior California contract.

Workers' Compensation Appeals BoardNorthrup GrummanInsurance Company of the State of PennsylvaniaVicente Jacksoncumulative traumasubject matter jurisdictioncontract of hireVought Aircraftoral employment contractservice credit
References
1
Case No. MISSING
Regular Panel Decision

Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP

Vincent Jackson sued the law firm Abrams, Fensterman, et al., alleging improper termination after a hospitalization, in violation of FMLA, State HRL, and City HRL. The defendant denied liability, claiming Jackson was not its employee. The court previously denied summary judgment as premature to allow for the deposition of Howard Fensterman, who was identified as Jackson's personal chauffeur employer. After Fensterman's deposition, the court granted partial summary judgment to the defendant, dismissing the State and City HRL claims, finding Fensterman, not the firm, was Jackson's employer for those statutes due to the 'domestic service' exclusion and lack of firm control. However, the court denied summary judgment on the FMLA claim, determining a genuine issue of material fact remains regarding the firm's employer status under the 'economic realities' test, particularly concerning work performed by Jackson that could benefit the firm. The FMLA claim will proceed to a hearing.

Employment LawFamily and Medical Leave Act (FMLA)Human Rights LawEmployer DefinitionSummary Judgment MotionEconomic Realities TestJoint EmploymentDomestic Service ExemptionPersonal ChauffeurCorporate Liability
References
37
Case No. ADJ6585876, ADJ4285015 (POM 0167573)
Regular
Oct 12, 2015

Vicente Jackson vs. Northrop Grumman Corporation, Insurance Company of the State of Pennsylvania

This case concerns Vicente Jackson's cumulative trauma back injury claim against Northrop Grumman and its insurer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded prior findings, and remanded the case for further development of the record. The primary issues are whether the applicant's claim was timely filed within the statute of limitations and whether his work activities constituted a new cumulative trauma injury. The WCAB found that Dr. Sanders' reports provided substantial medical evidence for a cumulative trauma injury, but the statute of limitations issue requires further factual development regarding the applicant's knowledge of the injury and the timing of medical treatment.

Workers' Compensation Appeals BoardVICENTE JACKSONNORTHROP GRUMMAN CORPORATIONINSURANCE COMPANY OF THE STATE OF PENNSYLVANIACalifornia Insurance Guarantee AssociationCIGAWCJcumulative trauma injurystatute of limitationsLabor Code section 5412
References
5
Case No. 2015 NY Slip Op 08387 [133 AD3d 719]
Regular Panel Decision
Nov 18, 2015

Jackson v. Georgalos

Sheena Jackson, a postal worker, sued Jorge Georgalos and Joanne Guerrero-Georgalos for personal injuries sustained at their residence. Jackson alleged that as she delivered mail, the defendants' dog jumped on a screen door, causing it to open and the dog to run out. As she tried to avoid the dog, her ankle twisted, leading to a fall on the steps. The Supreme Court, Westchester County, granted the defendants' motion for summary judgment, dismissing the complaint. The Appellate Division affirmed this decision, finding that the defendants established their prima facie entitlement to judgment by demonstrating their dog had no prior vicious propensities, and the plaintiff failed to raise a triable issue of fact.

Personal InjuryDog BiteStrict LiabilityVicious PropensitiesSummary JudgmentPremises LiabilityLandowner LiabilityAppellate ReviewAffirmative DefenseFactual Dispute
References
11
Case No. 2023 NY Slip Op 23283
Regular Panel Decision
Sep 15, 2023

Jackson v. Citywide Mobile Response Corp.

Tray Jackson, an emergency medical technician (EMT), initiated a class action lawsuit against Citywide Mobile Response Corp., alleging multiple violations of the New York State Labor Law and NYCRR. Jackson claimed that the defendant failed to provide full wages, including overtime and spread of hours pay, and illegally deducted costs for mandatory uniforms and supplies from employee pay, resulting in wages below the minimum wage. The plaintiff sought class certification for a proposed class of approximately 200 current and former EMTs, paramedics, and drivers. The Supreme Court, Bronx County, presided over by Justice Fidel E. Gomez, granted the motion for class certification, finding that all statutory requirements under CPLR 901 and 902 were satisfied. The court certified a class comprising all individuals working for the defendant as drivers, EMTs, or paramedics in New York between December 30, 2015, and August 15, 2022.

Class Action CertificationLabor Law ViolationsUnpaid WagesOvertime PayUniform ReimbursementMinimum WageSpread of Hours PayWage NoticesIllegal Wage DeductionsEMT
References
31
Case No. MISSING
Regular Panel Decision

Burns Jackson Miller Summit & Spitzer v. Lindner

This case concerns two New York City law firms, Burns Jackson Miller Summit & Spitzer and Jackson, Lewis, Schnitzler and Krupman, seeking damages from various transit unions and their officers following the April 1980 transit strike. The plaintiffs alleged several common-law causes of action, including prima facie tort and public nuisance, claiming economic losses due to the unlawful strike. The Court of Appeals affirmed the Appellate Division's dismissal of the complaints. It ruled that while the Taylor Law does not prevent private damage actions, it also does not create a new statutory right to sue. Ultimately, the court concluded that the specific common-law claims were either not recognized under New York law or were insufficiently pleaded.

Public Employee StrikeTaylor LawPrivate Right of ActionPrima Facie TortPublic NuisanceIntentional Interference with BusinessThird-Party BeneficiaryUnion LiabilityCommon-Law RemediesLegislative Intent
References
66
Case No. MISSING
Regular Panel Decision

Jackson v. City of New York

Nancy Jackson sued the City of New York and several police officers under 42 U.S.C. §§ 1983, 1985, and 1986, alleging violations of her Fourth and Fourteenth Amendment rights, along with state law claims including assault, false arrest, and emotional distress. This action stems from an incident on March 26, 2010, in Queens, New York, where Jackson was pulled over, arrested, and charged with multiple offenses. Defendants moved for summary judgment. The court granted in part and denied in part Defendants' motion, denying summary judgment on claims for unlawful seizure, false arrest, failure to intervene, and assault, concluding that genuine issues of material fact preclude a finding of probable cause. However, the court granted summary judgment for Defendants on claims of excessive force, battery, deliberate indifference, intentional and negligent infliction of emotional distress, and negligent hiring, training, retention, and supervision.

Civil RightsFalse ArrestUnlawful SeizureExcessive ForceQualified ImmunitySummary Judgment MotionFourth AmendmentFourteenth AmendmentAssaultPolice Misconduct
References
66
Case No. 2021 NY Slip Op 05000
Regular Panel Decision
Sep 16, 2021

Begeal v. Jackson

Plaintiff Scott Begeal, an industrial painter, was injured after falling 12 feet from an aluminum ladder while erecting a ventilation stack for C&D Enterprises, owned by defendants Douglas Jackson et al. Begeal sued, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Both parties moved for summary judgment, which the Supreme Court denied. On cross-appeals, the Appellate Division, Third Department, found that Begeal established a prima facie case for liability under Labor Law § 240 (1) because the ladder slipped, causing his fall. The court determined that the defendants failed to demonstrate that Begeal's actions were the sole proximate cause of the accident, and any argument regarding comparative negligence was irrelevant given the established statutory violation. Consequently, the Appellate Division modified the Supreme Court's order by granting Begeal's cross-motion for partial summary judgment on his Labor Law § 240 (1) claim and affirmed the order as modified.

Labor Law § 240 (1)Ladder FallSummary JudgmentProximate CauseComparative NegligenceSafety Device AdequacyAppellate ReviewWorkplace InjuryConstruction AccidentElevation Differential
References
15
Case No. MISSING
Regular Panel Decision
Feb 24, 1998

Hernandez v. Jackson, Lewis, Schnitzler & Krupman

Plaintiff Sumaira Hernandez filed an action against her employer, Defendant Jackson Lewis, alleging quid pro quo and hostile work environment sexual harassment, unlawful retaliation, and unlawful discrimination based on race and national origin, pursuant to Title VII and the New York Human Rights Law. Hernandez claimed that a billing coordinator, Mr. Mack, solicited sexual favors in exchange for overtime, and that the comptroller, Mr. Patterson, engaged in discriminatory practices regarding work assignments, bonuses, and promotions, and responded inappropriately to her complaints. The defendant moved for summary judgment, arguing prompt action and insufficient evidence for various claims. The Court denied the motion for summary judgment on all claims, finding triable issues of fact regarding employer liability, quid pro quo harassment, hostile work environment, discrimination, and retaliation.

Sexual HarassmentHostile Work EnvironmentQuid Pro QuoRetaliationDiscriminationRace DiscriminationNational Origin DiscriminationTitle VIINew York Human Rights LawSummary Judgment Motion
References
16
Case No. 533946
Regular Panel Decision
Oct 06, 2022

In the Matter of the Claim of Elliot Vicente

Claimant Elliot Vicente, who suffered a work-related accident in May 2007, was initially classified with a permanent partial disability. Nearing the exhaustion of his 475 weeks of indemnity benefits, he sought reclassification due to extreme hardship under Workers' Compensation Law § 35 (3). A Workers' Compensation Law Judge and subsequently the Workers' Compensation Board reclassified him with a permanent total disability, finding he met the extreme hardship criteria. The employer and its carrier appealed, contending insufficient evidence regarding claimant's Social Security disability benefits. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding of extreme hardship given claimant's financial shortfall and inability to obtain new employment.

Workers' CompensationExtreme HardshipPermanent Partial DisabilityPermanent Total DisabilityWage-Earning CapacityIndemnity BenefitsReclassificationSocial Security Disability BenefitsFinancial HardshipAppellate Division
References
4
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