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

Case No. ADJ8745178
Regular
Jan 23, 2014

KHIN LAY vs. SWEDA COMPANY LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied Khin Lay's petition for reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), emphasizing the significant weight given to the WCJ's credibility determination. The applicant, Khin Lay, sought reconsideration after his claim was denied, likely based on findings that he was the initial aggressor in a workplace altercation. The WCJ's report, which the Board incorporated, detailed conflicting testimony regarding the altercation but ultimately found the applicant's actions met the standard for the initial aggressor defense, leading to the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeInitial Aggressor DefenseCredibility FindingPhysical AltercationEyewitness TestimonyCourse and Scope of EmploymentAggressivenessReasonable Man Standard
References
3
Case No. 2023-05-2463
Regular Panel Decision
Oct 28, 2024

Payne, Ian-Chanel v. Signet Jewelers

The Court held an Expedited Hearing to determine if Ms. Payne's mental injury arose primarily out of her employment, entitling her to medical and temporary disability benefits. Ms. Payne, a sales associate for Signet Jewelers, experienced increased anxiety after a verbal altercation with a coworker, Storm Thomas, following a written warning from her manager. Despite being instructed not to, Ms. Payne confronted Ms. Thomas, leading to a heated dispute. The Court found that Ms. Payne failed to prove that the altercation was an "extraordinary and unusual" mental stimulus required by statute, as she initiated the confrontation and arguments are common in the workplace. Therefore, the Court denied her claim for benefits, ruling that she was unlikely to prove her mental injury arose primarily out of a work-related event.

Mental InjuryWorkplace AltercationAnxiety AggravationExpedited HearingDenial of BenefitsWorkers' Compensation ClaimsSudden or Unusual Mental StimulusEmployee ConfrontationPrimary CausePreexisting Condition
References
2
Case No. MISSING
Regular Panel Decision

Moodie v. Federal Reserve Bank of New York

Vincent Moodie, a Black male, sued the Federal Reserve Bank of New York for racial discrimination under Title VII after his termination due to an altercation with a white co-worker. Moodie claimed his dismissal was racially motivated and that the bank's stated reason—that he was the aggressor in a workplace fight—was a pretext. The incident involved Moodie confronting his co-worker, Tony Riolo, over a derogatory remark, which escalated into a physical engagement. The court, presided over by Judge Lasker, found that Moodie failed to prove by a preponderance of the evidence that the bank's internal investigation or dismissal decision was tainted by racial prejudice. The complaint was therefore dismissed, as the bank provided credible non-discriminatory explanations for its actions and demonstrated a consistent policy regarding workplace violence.

Race DiscriminationTitle VIIWorkplace ViolenceWrongful TerminationEmployer PolicyPretextDisparate TreatmentInternal InvestigationFederal Reserve BankAggressor
References
5
Case No. MISSING
Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages
References
13
Case No. ADJ9653109
Regular
Sep 06, 2016

William Morales vs. Bonsal American Oldcastle, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought review of a decision that denied his injury claim because he was the initial physical aggressor in a workplace altercation. The Board deferred to the administrative law judge's credibility findings, which found the applicant less credible than defense witnesses and a video recording that was inconclusive. Therefore, the Board affirmed the original finding that the applicant was the initial physical aggressor and is barred from compensation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderInitial Physical AggressorLabor Code Section 3600(a)(7)Credibility DeterminationsVideo FootageOccupational InjuryMachine OperatorPhysical Altercation
References
7
Case No. MISSING
Regular Panel Decision

Perez v. Victory Motor Inn

The claimant appealed a Workers' Compensation Board decision denying benefits for injuries sustained in a workplace altercation. Initially, a Workers' Compensation Law Judge awarded benefits, but the Board reversed, finding the assault unrelated to employment. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the assault arose from personal hostilities between the claimant and a coworker, stemming from a non-work-related assumption about the coworker's relationship with their boss, and thus did not arise out of or in the course of her employment.

Workers' Compensation BenefitsWorkplace AssaultPersonal AnimosityCourse of EmploymentAccidental InjuryWorkers' Compensation Board DecisionAppellate AffirmationSubstantial Evidence ReviewClaim DenialCoworker Dispute
References
7
Case No. MISSING
Regular Panel Decision

Claim of Closson v. Dutchess County Sheriff's Department

A claimant alleged a workplace injury resulted from a physical altercation with a co-worker who grabbed her shirt collar during a dispute about the co-worker's daughter, causing the claimant to fall and injure her knee. The co-worker corroborated that the incident stemmed from a discussion about "personal business." The Workers’ Compensation Board concluded that the claimant's injury was a result of a personal exchange, and therefore, not a compensable injury. This finding, supported by reasonable inferences and substantial evidence, was upheld. The claimant's other arguments were dismissed as lacking merit.

Workplace InjuryPersonal DisputeWorkers' Compensation BoardNon-CompensableSubstantial EvidenceAppellate DecisionAffirmed DecisionCo-worker AltercationScope of EmploymentJudicial Concurrence
References
2
Case No. MISSING
Regular Panel Decision

United States Casualty Company v. Henry

This compensation case involves a plaintiff, a carpenter for Harbison Norris, who was injured during a workplace altercation. The incident stemmed from a dispute over a nail bar and unpaid wages for the plaintiff's father. While attempting to deliver his father's check and intervene in a fight between his father and a foreman, the plaintiff was struck by another employee. A jury found the plaintiff's injury occurred within the course and scope of his employment, awarding $3315.87. The defendant appealed this verdict, but the appellate court affirmed the trial court's judgment, citing evidence that the injury arose from employment, was sustained while stopping a fight, or resulted from a prior work-related dispute.

Workplace FightCourse and ScopeEmployee InjuryEmployer LiabilityTexas AppealsJudgment AffirmedPersonal ReasonsWork-Related DisputeIntervening in FightCompensation Eligibility
References
9
Case No. MISSING
Regular Panel Decision
Oct 08, 1996

Winslow v. Freeman

Plaintiff Charles A. Winslow and an unnamed co-worker were involved in a workplace altercation where the co-worker struck Winslow, causing injuries that required sutures. Winslow returned to work, but the co-worker was terminated. A jury trial ensued, with Winslow claiming unprovoked battery and his wife seeking loss of consortium. The defendant admitted striking Winslow but claimed self-defense. The Supreme Court dismissed both the plaintiff's causes of action and the defendant's counterclaims, stating there was "no dispute sufficient to give to this jury". The appellate court reversed this decision, finding that the conflicting testimonies presented issues of fact and credibility that should have been resolved by a jury.

Workplace AltercationBatterySelf-DefenseJury TrialDismissal of ComplaintCounterclaimsTortious InterferencePrima Facie TortAppellate ReviewReversal
References
3
Case No. 2017-01-0541
Regular Panel Decision
Oct 25, 2019

Jackson, Willie A. v. Koch Foods of Chattanooga

Mr. Willie A. Jackson, an employee of Koch Foods of Chattanooga, sustained a right-arm work injury in November 2016. He sought increased permanent partial disability benefits, but his claim was denied by Judge Audrey A. Headrick of the Tennessee Court of Workers' Compensation Claims at Chattanooga. The court found that Mr. Jackson's termination was due to his misconduct, specifically multiple violations of workplace rules involving verbal altercations and threatening co-workers, and that these actions were the true motivation for his dismissal. The judge determined Mr. Jackson's testimony regarding these events lacked credibility, leading to the denial of his claim for benefits beyond his original award.

misconductterminationworkplace rulesverbal altercationcredibilitypermanent partial disabilityemployee misconductincreased benefitsTennessee Workers' CompensationCompensation Hearing Order
References
2
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