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

Case No. 2016 NY Slip Op 08300 [145 AD3d 492]
Regular Panel Decision
Dec 08, 2016

Netzahuall v. All Will LLC

This case concerns an appeal regarding the denial of defendant Lime Light's cross-motion to dismiss common-law indemnification claims brought by defendant All Will LLC. The plaintiff, Gabriel Netzahuall, an employee of Lime Light, sustained injuries but not a "grave injury" as defined by Workers' Compensation Law § 11. Although the Workers' Compensation Board previously determined Lime Light to be the plaintiff's employer, the Appellate Division affirmed the lower court's finding that All Will, the premises owner, was not collaterally estopped from challenging this determination. The court reasoned that All Will was not a party to the prior Workers' Compensation proceeding and therefore did not have a full and fair opportunity to litigate the issue of plaintiff's employer.

indemnificationcollateral estoppelWorkers' Compensation Lawemployer-employee relationshipgrave injurypremises liabilityappellate practicestatutory interpretationprivity of partieslitigation opportunity
References
4
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
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. 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. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
Case No. ADJ7403543
Regular
Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it sought to challenge a notice of intent to dismiss, not a final order, and was unverified. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the applicant's attorney. This action is due to the filing of a frivolous and unverified petition without merit. Sanctions will be imposed unless the attorney demonstrates good cause to the contrary.

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813
References
5
Case No. MISSING
Regular Panel Decision

Claim of Bell v. Utica Corp.

Claimant sought workers' compensation benefits for neck and shoulder injuries sustained during a work-related altercation with a supervisor. The Workers’ Compensation Board reversed a WCLJ decision, concluding claimant's injuries stemmed from his willful intention to injure the supervisor and dismissed the claim. On appeal, the court found this determination improper, noting the absence of evidence for purely personal animosities and that initial aggression alone does not establish willful intent. The court emphasized that work-related altercations are generally compensable unless there's clear proof of a willful and deliberate intent to harm, beyond impulsive action. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings consistent with the court's findings.

Workplace Injury ClaimEmployee DisputeIntentional Injury DefenseBenefit Eligibility DisputeAppellate Review of Board DecisionRemand for Further ProceedingsEvidentiary ReviewInitial Aggressor DoctrineScope of Employment AnalysisLegal Presumptions
References
8
Case No. MISSING
Regular Panel Decision
Aug 07, 1986

Claim of Matias v. Donmoor, Inc.

Raymond Matías, an employee, fatally attacked a co-worker with a knife after a heated exchange. The co-worker acted in self-defense, striking Matías's head with a piece of lumber. Matías's widow filed for death benefits, which the Workers’ Compensation Board denied under Workers’ Compensation Law § 10, citing Matías's willful intent to injure. The claimant appealed, arguing a lack of willful intent and an inconsistent application of the aggressor defense. The court affirmed the Board's decision, finding sufficient evidence of Matías's willful and deliberate actions, including bringing a weapon to work and initiating an unprovoked attack, thus upholding the denial of benefits.

Workers' Compensation Law § 10Willful Intent to InjureDeath Benefits DenialWorkplace AssaultSelf-DefenseAggressor DefensePresumption of CompensabilityStatutory BarEmployee MisconductFatal Injury
References
3
Case No. ADJ3758649 (SAL 0085688)
Regular
Apr 11, 2014

, Enrique vs. , MONTEREY MUSHROOMS, INC.;, CALIFORNIA INSURANCE GUARANTEE, ASSOCIATION for SUPERIOR NATIONAL, INSURANCE COMPANY, in liquidation,, administered by SEDGWICK CMS,

The Workers' Compensation Appeals Board (WCAB) reviewed defendant Monterey Mushrooms' Petition for Reconsideration regarding applicant Enrique Castaneda's knee injury. While affirming the WCJ's findings of injury and need for future medical care, the WCAB issued a Notice of Intention to Impose Sanctions against defendant's counsel. This notice cites unprofessional and disrespectful language used in the petition, deeming it potentially frivolous and in bad faith. The WCAB will issue a final decision on sanctions and the merits of the reconsideration after allowing time for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactRight Knee InjuryDate of InjuryStatute of LimitationsFuture Medical CareSanctionsBad Faith ActionsFrivolous Tactics
References
0
Case No. ADJ6788515
Regular
Dec 10, 2015

CIRA ROJAS HERNANDEZ vs. CARLS JR, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to Sanction Applicant's attorneys, Oliver F. Moench and Moses Luna, A Law Corporation. This stems from Applicant's Petition for Reconsideration, which was over the page limit and signed by Mr. Moench, who was ineligible to practice law at the time. The WCAB alleges Mr. Moench willfully misrepresented his attorney status and engaged in frivolous conduct, potentially violating Labor Code Section 5813. Sanctions up to $2,500 and payment of defendant's expenses are being considered absent a timely, good-cause objection.

SanctionsPetition for ReconsiderationIneligible AttorneyMinimum Continuing Legal EducationFrivolous ConductBad Faith TacticsWCAB RulesLabor Code Section 5813Misrepresentation of StatusLaw License Suspension
References
10
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