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

Case No. ADJ13090134
Regular
Aug 14, 2025

OLIVIA RAMIREZ vs. ISIDRO A. MEJIA, ZINDER JANITORIAL CO., UNINSURED EMPLOYERS BENEFITS TRUST FUND, BOURBON PUB/PARADIES LAGARDERE, SENTRY INSURANCE

Applicant Olivia Ramirez sustained an injury to her knee and ankle on November 17, 2019, while employed by Isidro A. Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. The Uninsured Employers Benefits Trust Fund (UEBTF) successfully joined Paradies Lagardere as a co-defendant, alleging joint employer status. The Workers' Compensation Administrative Law Judge (WCJ) initially found Paradies to be a joint employer in Findings of Fact issued on May 15, 2025. Paradies sought reconsideration, disputing the joint employer finding and the injury arising out of and in the course of employment (AOE/COE). The Appeals Board reviewed the petition, the UEBTF's answer, and the WCJ's report, ultimately granting reconsideration but deferring a final decision on the merits, indicating further review of the record and applicable law is necessary. The decision also clarified that Labor Code sections 2775 and 2776, related to employee classification, do not apply retroactively to the date of injury in this case.

Joint employerUninsured employersParadies LagardereZinder JanitorialIsidro MejiaWCJPetition for ReconsiderationAOE/COELabor Code section 5909EAMS
References
17
Case No. 2014 NY Slip Op 05494 [119 AD3d 486]
Regular Panel Decision
Jul 24, 2014

DiVetri v. ABM Janitorial Service, Inc.

Anna DiVetri slipped and fell on a wet marble lobby floor after tracking in water from an adjacent sidewalk being cleaned by ABM Janitorial Service, Inc. She sustained injuries and filed a complaint. The defendants, including the building owner, managing agent, and cleaning contractor, moved for summary judgment to dismiss the complaint, which was denied by the Supreme Court. On appeal, the Appellate Division, First Department, unanimously affirmed the lower court's decision. The court found genuine issues of fact existed regarding whether the defendants created a dangerous condition by failing to take precautions against tracked-in water during sidewalk cleaning. Furthermore, it ruled that ABM, as an outside contractor, could owe a duty of care to the plaintiff despite the lack of a direct contract, under the "force or instrument of harm" exception.

premises liabilityslip and fallsummary judgmentduty of careindependent contractor liabilitydangerous conditiontracked-in waterbuilding maintenanceproperty owner liabilitymanaging agent liability
References
7
Case No. 2019-08-0785
Regular Panel Decision
Aug 13, 2020

Lopez, Custodio v. Fayette Janitorial Service, LLC

The claimant, Custodio Lopez, alleged injuries from a fall while working for Fayette Janitorial Service, LLC. The employer filed a motion for summary judgment, asserting Lopez was an independent contractor, not an employee. The trial court granted the motion, finding insufficient evidence to establish an employment relationship and no genuine issues of material fact. The claimant appealed this decision. The Appeals Board affirmed the trial court's order, concluding that the employer properly supported its motion for summary judgment and that the claimant's failure to respond rendered the employer's stated facts undisputed.

Independent ContractorSummary JudgmentEmployment RelationshipAppellate ReviewBurden of ProofTennessee LawMedical InjuryLadder FallPro Se LitigantFactual Findings
References
5
Case No. W2011-01759-COA-R3-CV
Regular Panel Decision
Feb 04, 2013

Fayette Janitorial Services and Technology Insurance Company, as Assignee of the Claims of Wesley Kennedy v. Kellogg USA, Inc.

This case involves an appeal from a summary judgment granted by the Circuit Court for Shelby County. Fayette Janitorial Services and Technology Insurance Company, acting as assignee of Wesley Kennedy's claims, filed a tort suit against Kellogg USA, Inc. following a workplace injury sustained by Kennedy, an employee of Fayette, at Kellogg's plant. Kellogg moved for summary judgment, asserting it was a statutory employer under Tennessee's Workers' Compensation Law, thereby immune from the tort claim. The trial court agreed, and the Court of Appeals affirmed the decision. The appellate court found that the cleaning and sanitation work performed by Fayette for Kellogg was a regular and vital part of Kellogg's business operations, establishing Kellogg as a statutory employer and entitling it to immunity from the tort action.

Workers' CompensationStatutory EmployerTort ImmunitySummary JudgmentWorkplace InjurySubcontractor LiabilityRegular Business ActivityTennessee LawAppellate ReviewNegligence Claim
References
33
Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
0
Case No. ADJ7144891, ADJ8066648
Regular
Apr 17, 2013

VILMA TORRES vs. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES, Inc.

This case involves Vilma Torres filing a workers' compensation claim against ABM Industries, Inc. and ABM Janitorial Services, Inc. The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board affirmed the January 23, 2013 decision but amended it to include injury to the applicant's low back in a related case, ADJ8066648.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOpinion and OrderGranting ReconsiderationDecision After ReconsiderationAmended DecisionFindings of FactLow Back InjuryADJ7144891
References
0
Case No. MISSING
Regular Panel Decision
Sep 24, 2013

Service Employees International Union Local 5, Dan Schlademan and Susan Strubbe v. Professional Janitorial Service of Houston, Inc.

Service Employees International Union Local 5 (and two officers) appealed the denial of their summary judgment motion in a case alleging defamation, business disparagement, and tortious interference brought by Professional Janitorial Service of Houston, Inc. (PJS). PJS contended the union published defamatory statements as part of a 'Justice for Janitors' campaign after PJS declined union representation for its employees. The union sought summary judgment, arguing a lack of actual malice and that their statements were nonactionable opinions. The appellate court dismissed the appeal, concluding it lacked interlocutory jurisdiction because the union did not qualify as a 'member of the electronic or print media' or a 'person whose communication appeared in or was published by the electronic or print media' under Texas Civil Practice and Remedies Code Ann. § 51.014(a)(6).

DefamationBusiness DisparagementTortious InterferenceInterlocutory AppealSummary JudgmentFree SpeechFree PressMedia DefendantLabor DisputeUnion Campaign
References
32
Case No. 2022 NY Slip Op 04946
Regular Panel Decision
Aug 17, 2022

Breland-Marrow v. RXR Realty, LLC

Debra Breland-Marrow and her husband sued RXR Realty, LLC and BEWCO Corporation for personal injuries after Breland-Marrow slipped on ice in their building. RXR and BEWCO initiated a third-party action against their service contractor, ABM Janitorial Service Northeast, Inc., for indemnification and breach of contract for failure to procure insurance. The Supreme Court granted summary judgment dismissing the plaintiffs' complaint, finding no evidence that RXR and BEWCO created or had notice of the hazardous condition, and denied the third-party claims as academic. On appeal, the Appellate Division affirmed the dismissal of the plaintiffs' complaint but reversed the Supreme Court's decision on the third-party claims, denying summary judgment to RXR and BEWCO on those claims on the merits, citing insufficient proof of ABM's negligence or failure to procure insurance.

Personal InjurySlip and FallPremises LiabilitySummary JudgmentContractual IndemnificationBreach of ContractFailure to Procure InsuranceAppellate ReviewActual NoticeConstructive Notice
References
14
Case No. 2020 NY Slip Op 01290 [180 AD3d 590]
Regular Panel Decision
Feb 25, 2020

Reyes v. Roman Catholic Church of St. Raymond

The Appellate Division, First Department, unanimously affirmed an order from the Supreme Court, Bronx County. The case involved plaintiff Felipe Reyes, a special employee of The Roman Catholic Church of St. Raymond, whose Labor Law § 240 (1) claim was dismissed based on Workers' Compensation Law § 29 (6). The court also denied summary judgment on St. Raymond's third-party contractual indemnification claim against ABM Janitorial Services-Northeast, Inc., due to an unresolved issue of fact regarding ABM's negligence. The decision concluded that Reyes's claim against St. Raymond was barred due to his special employee status.

Special Employee DoctrineSummary JudgmentLabor Law § 240(1)Workers' Compensation Law § 29(6)Contractual IndemnificationThird-Party ClaimAppellate ReviewWorkplace InjuryPremises LiabilityNegligence
References
2
Case No. ADJ7300567
Regular
Oct 11, 2013

Rosa Perez vs. Melton Franchise Systems, Inc., Coverall Mountain & Pacific, Liberty Mutual Insurance Company

In this case, the Workers' Compensation Appeals Board reversed a lower judge's decision, finding that Rosa Perez was an employee of Melton Franchise Systems, Inc. (Coverall) when she sustained an injury on October 22, 2008. The Board determined that despite a "Janitorial Franchise Agreement" designating her as an independent contractor, Coverall exercised pervasive control over her work. Factors such as required use of Coverall's supplies, dictated cleaning procedures, and the integral nature of her janitorial work to Coverall's business demonstrated an employer-employee relationship. The Board concluded that Coverall failed to rebut the presumption of employee status.

Workers Compensation Appeals BoardRosa PerezMelton Franchise SystemsCoverall Mountain & PacificLiberty Mutual Insurance CompanyADJ7300567Opinion and Decision After ReconsiderationJanitorial Franchise Agreementindependent contractoremployee status
References
14
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