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

Case No. 2022 NY Slip Op 03755
Regular Panel Decision
Jun 08, 2022

Reinoso v. Han Ma Um Zen Ctr. of N.Y., Inc.

The plaintiff, an employee, suffered personal injuries after falling from a ladder while painting a building owned by the defendant, a religious organization. The plaintiff sued, alleging violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court denied both the plaintiff's motion for summary judgment on liability for Labor Law §§ 240(1) and 241(6) and the defendant's cross-motion to dismiss the complaint. On appeal, the Appellate Division modified the order, granting the defendant's cross-motion to dismiss the Labor Law §§ 240(1) and 241(6) claims, citing the homeowner's exemption because the defendant did not direct or control the work. The court affirmed the denial of the defendant's motion to dismiss the Labor Law § 200 and common-law negligence claims, finding the defendant failed to prove it lacked notice of the ladder's dangerous condition.

Personal InjuryLadder FallLabor LawHomeowner's ExemptionSummary JudgmentAppellate ReviewReligious Organization LiabilityDangerous ConditionNegligenceWork Site Safety
References
12
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
0
Case No. ADJ2467238 (POM 0294037)
Regular
Aug 16, 2013

YUELING LU vs. ZEN BUFFET, NATIONAL LIABILITY & FIRE INSURANCE

This case involves a lien claimant's failure to pay a required lien activation fee prior to a March 27, 2013, lien conference. The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, finding the lien claimant's petition for reconsideration was timely due to lack of proper service. However, the WCAB denied the lien claimant's reconsideration request on its merits. Ultimately, the WCAB rescinded the order vacating the dismissal and affirmed the original order dismissing the lien claimant's lien with prejudice.

Petition for RemovalOrder VacatingOrder DismissingLien Activation FeeLabor Code section 4903.06Lien claimantLien conferencePetition for Reconsiderationcompromise and releaseservice
References
3
Case No. MISSING
Regular Panel Decision

Naughright v. Weiss

Plaintiff Jamie A. Naughright sued Donna Karan Weiss, Urban Zen, LLC, and Stephen M. Robbins for negligent misrepresentation, negligence, fraud, medical malpractice, battery, and failure to obtain consent. Naughright alleged she suffered severe injuries from "healing services" provided by Robbins, an unlicensed practitioner, whom the Karan Defendants had promoted as a qualified physician. The court granted the motion to dismiss the negligent misrepresentation claim against the Karan Defendants and dismissed part of the fraud claim against Robbins due to insufficient pleading of time and place. However, the claims for negligence, medical malpractice, battery, and failure to obtain consent against Robbins were allowed to proceed.

Motion to DismissNegligent MisrepresentationNegligenceFraudMedical MalpracticeBatteryLack of Informed ConsentFederal Rules of Civil ProcedurePersonal InjuryUnlicensed Practitioner
References
63
Case No. MISSING
Regular Panel Decision

Stejskal v. Simons

Plaintiff Ivo Stejskal, an employee of Zen General Construction & Renovation Corp., was injured in a ladder collapse while performing construction work at a townhouse owned by Albert Simons III and Theodora Simons. The Simons were in the process of converting the multiple-dwelling townhouse into a single-family home. The plaintiffs brought a lawsuit based on Labor Law § 240 (1) and § 241 (6). The Supreme Court, Kings County, granted summary judgment to the defendants Albert Simons III and Theodora Simons, applying the homeowner's exemption on the grounds that they did not direct or control the work. The appellate court affirmed this decision, citing prior case law such as Khela v Neiger, and concluded that the homeowner's exemption applied because the site and purpose of the renovation were solely for single-family residential use, irrespective of the building's occupancy status at the time of the accident. The appeal against Irvine Realty Group, Inc., was dismissed as it was entered on consent.

Homeowner's ExemptionLabor LawConstruction AccidentLadder CollapsePersonal InjuryRenovationSingle-Family DwellingMultiple Dwelling ConversionStatutory InterpretationSummary Judgment
References
5
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