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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
Apr 12, 1990

Commissioners of State Insurance Fund v. Valenzano

The Commissioners of the State Insurance Fund initiated an action against Marcello Valenzano, doing business as ABC Contracting Co., for unpaid workers' compensation insurance premiums. The defendant failed to comply with discovery requests, leading to an order conditionally striking his answer and later, a default judgment. Defendant's pro se motion to vacate the default judgment, asserting non-receipt of documents and partial compliance, was denied by the IAS court. The court found service proper and noted the defendant's failure to demonstrate a meritorious defense. The appellate court affirmed the decision, finding the lower court acted within its discretion to strike the answer for willful failure to comply with discovery, considering the lack of reasonable excuse and meritorious defense.

Default JudgmentDiscovery SanctionsFailure to ComplyWorkers' Compensation InsuranceVacate JudgmentMeritorious DefenseService of ProcessAppellate ReviewCivil ProcedureSupreme Court
References
3
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. MISSING
Regular Panel Decision

In re Linda FF.

This case involves an appeal from Family Court orders regarding a respondent's violation of supervision orders concerning her two children, Linda FF. and Charles FF. The respondent had previously consented to neglect findings for both children, who were placed in petitioner's custody, and was placed under supervision with conditions including family counseling, parenting education, and anger management. Petitioner initiated violation proceedings alleging the respondent failed to comply with these terms by missing classes and exhibiting a negative attitude, and Family Court found a willful violation, revoking the supervision orders and imposing a suspended 45-day jail term. On appeal, the respondent argued that Family Ct Act § 1072, used for enforcement, only applies to supervision orders issued under § 1054, not her orders which were likely under § 1057, but the appellate court interpreted this as legislative oversight and allowed enforcement under § 1072. The court affirmed the Family Court's determination, finding ample evidence of willful and unjustifiable violation of the supervision order terms.

Family LawChild NeglectSupervision OrderViolation ProceedingFamily Court Act § 1072Legislative OversightParenting ClassesAnger ManagementCustodyWillful Violation
References
3
Case No. MON 284627
Regular
Aug 11, 2008

BEVERLY DE ROSA vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted reconsideration to review a sanctions order against the defendant for alleged willful failure to comply with a prior order. The defendant's claims adjuster asserted they had provided the required earnings information within the deadline, which conflicted with the initial finding of non-compliance. The Board rescinded the sanctions and returned the case for further proceedings to determine whether the defendant actually complied with the order.

Workers' Compensation Appeals BoardBeverly De RosaState Compensation Insurance FundLabor Code section 5813willful failure to complySupplemental Findings and Order Imposing Sanctionsapplicant's earningscervical spinepsychestipulated Findings and Award
References
1
Case No. ADJ2974187 (STK 0205851)
Regular
Dec 19, 2008

WILLIAM POWER vs. SALINAS VALLEY STEEL ERECTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted SCIF's petition for reconsideration, rescinding a prior finding that SCIF failed to comply with a Compromise and Release agreement. The Board found that SCIF was denied due process and returned the matter to the trial level for further proceedings. This will allow for the trial judge to address SCIF's failure to comply with the court's order and potentially impose sanctions after hearing SCIF's position and evidence.

Petition for ReconsiderationOrder Approving Compromise and ReleaseDeclaration of ReadinessLien ClaimsFinding and OrderLegal InterestDue ProcessLabor Code section 5313Report and RecommendationRescind
References
0
Case No. MISSING
Regular Panel Decision

Madison County Commissioner of Social Services ex rel. Chafee v. Felker

This case involves an appeal from a Family Court order that found the respondent in willful violation of a child support order. The respondent, the father of a son born in 2002, failed to pay $25 per week in child support to Mary Chafee, as mandated by a May 2007 order. The Family Court affirmed the Support Magistrate's finding of willful violation and imposed a sentence of incarceration, conditional upon payment of $3,650 in arrears. The appellate court rejected the respondent's arguments, including his inability to pay due to lack of income and his claim regarding the $500 arrears cap, citing a lack of credible evidence and his failure to seek modification of the original support order. Consequently, the Family Court's determination was affirmed.

Child SupportWillful ViolationArrearsFamily Court ActParental ObligationContempt of CourtAbility to PayModification of SupportAppeal DecisionSupport Magistrate
References
9
Case No. 2022 NY Slip Op 01458
Regular Panel Decision
Mar 09, 2022

Patrick v. Lend Lease (US) Constr. LMB, Inc.

The plaintiff, Harvel Patrick, appealed from an order denying his motion to vacate a dismissal order and restore his personal injury action to the calendar. The Supreme Court had dismissed the complaint due to the plaintiff's repeated and willful failure to comply with discovery orders and stipulations, specifically regarding the production of workers' compensation records authorizations. The Appellate Division, Second Department, reviewed the plaintiff's conduct, noting his failures occurred over an extended period without adequate explanation. The court concluded that the Supreme Court providently exercised its discretion in dismissing the complaint and denying the plaintiff's subsequent motion.

Personal InjuryDiscovery SanctionsDismissal of ComplaintWillful and Contumacious ConductWorkers' Compensation RecordsAuthorization ComplianceAppellate ReviewDiscretionary RulingCPLR 3126 (3)Failure to Disclose
References
7
Case No. ADJ1323538 (SAC 0305102)
Regular
Jul 20, 2010

BRUCE LOCKWOOD vs. C.C. MEYERS, INC., C.C. MEYERS, AN INDIVIDUAL

This case involves an applicant seeking increased compensation due to serious and willful misconduct by his employer, C.C. Meyers, Inc. The applicant sustained significant injuries when an excavator ran over his foot, leading to its amputation. The Appeals Board overturned the Workers' Compensation Judge's denial, finding that the employer's failure to provide a spotter for the excavator constituted serious and willful misconduct. This failure to provide a spotter, coupled with the employer's knowledge of the risks and intentional disregard for safety, was determined to be a proximate cause of the applicant's injury. As a result, the applicant's compensation will be increased by one-half.

Serious and Willful MisconductEmployer LiabilityIndustrial InjuryProximate CauseSafe Place of EmploymentFailure to Provide SpotterExcavator SafetyCalOSHA Safety Order 1592ReconsiderationWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision
Sep 19, 2013

In Re the Estate of Cameron

This case involves an appeal from an order of the Surrogate’s Court of Tioga County concerning the probate of William G. Cameron's will. The decedent, while hospitalized, executed a will leaving his estate to his wife, the petitioner. One of his sons, the respondent, filed objections, alleging the will was not duly executed, decedent lacked testamentary capacity, and the will was procured by fraud and undue influence. The Surrogate’s Court granted summary judgment to the petitioner, dismissing the objections and admitting the will to probate. The appellate court affirmed the decision, finding that the petitioner established a prima facie case for probate and the respondent failed to raise a material issue of fact regarding due execution, testamentary capacity, fraud, or undue influence.

Will ProbateTestamentary CapacityUndue InfluenceFraudSummary JudgmentAppealSurrogate's CourtAttesting WitnessesDue ExecutionDecedent's Estate
References
13
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final sanctions order.

Labor Code Section 4907Professional Lien ServicesInc.Mike TrawWCABSanctions OrderBad FaithFrivolous ConductSuspension of PrivilegesAppealing
References
4
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