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

Case No. MISSING
Regular Panel Decision

World Trading Corp. v. Kolchin

The plaintiff sought to permanently enjoin the defendant from arbitrating disputes, arguing that the defendant union's change in affiliation from the American Federation of Labor to the Committee for Industrial Organization, along with a name change, altered its legal entity and invalidated their contract. The court disagreed, holding that a union's identity, structure, operation, constitution, by-laws, officers, and membership remain the same despite changes in affiliation and name. The court affirmed that such changes do not affect the union's rights or responsibilities under existing contracts. Therefore, the court found no basis to support the plaintiff's contention.

union affiliationarbitration disputeinjunctioncontract validityorganizational identitylabor lawname changelegal entitytrade unionsAmerican Federation of Labor
References
2
Case No. MISSING
Regular Panel Decision

Claim of Difilippo v. Edison

A claimant, residing in New York City and injured in the Bronx, sought to change the venue of his workers' compensation hearings from Manhattan to White Plains, Westchester County, citing convenience. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied this request, finding that the claimant failed to provide sufficient justification or evidence for the change, as required by Board rules. Additionally, the Board assessed a $250 penalty against the claimant's attorney for seeking review without reasonable grounds under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision in its entirety, upholding both the denial of the venue change and the imposition of the attorney penalty.

Workers' Compensation LawVenue ChangeAttorney SanctionAppellate ReviewAdministrative DecisionBurden of ProofProcedural RulesSufficiency of EvidenceNew York Labor LawJudicial Authority
References
2
Case No. MISSING
Regular Panel Decision
Jan 28, 2005

Collins v. Glenwood Management Corp.

Plaintiff Lance Collins, injured at a Manhattan construction site, initiated an action in Bronx County based on claimed residency. Defendants moved to change venue to Orange County, presenting evidence like DMV records and an affidavit from a Bronx building owner suggesting Collins resided in Orange County. Plaintiffs opposed, offering tax returns and affidavits asserting Bronx residency, and arguing the defendants' motion was untimely. The IAS court initially denied the venue change, deeming it untimely. However, the appellate court reversed, finding the defendants' motion timely given the conflicting evidence on Collins' residency, and remanded the case for a hearing to resolve these factual disputes.

VenueChange of VenueResidency DisputeAppellate DivisionBronx CountyOrange CountyCivil ProcedureCPLRCredibilityFactual Issues
References
3
Case No. MISSING
Regular Panel Decision
May 06, 1992

Kudelski v. 450 Lexington Venture

Plaintiff, a laborer, was injured during the course of his employment at a construction project. The Supreme Court initially granted defendants' motion and third-party cross-motions to change venue from Bronx County to Queens County. Additionally, summary judgment was granted, dismissing the complaint against Big Apple Wrecking Corp. (Big Apple) and S&H Bricksales Corporation (S&H) on the grounds that the Workers’ Compensation Law provided the plaintiff’s exclusive remedy against them. This was based on findings that S&H functioned as either an alter ego or a joint venturer of Big Apple, sharing employees, equipment, supervisors, offices, officers, directors, and stockholders. The appellate court unanimously affirmed both the change of venue and the dismissal of the complaint, upholding the application of the Workers’ Compensation Law exclusivity provisions.

Exclusive RemedyVenue TransferSummary Judgment DismissalCorporate Alter EgoJoint EmploymentConstruction Site InjuryAppellate AffirmationLabor Law ExclusivityThird-Party LiabilityWorkers' Compensation Law
References
4
Case No. ADJ8750816
Regular
Jul 31, 2014

KAMIKA BEASLEY vs. SECURITAS, SEDGWICK

The Workers' Compensation Appeals Board granted the applicant's petition for removal, reversing the prior denial of a change of venue. The applicant demonstrated good cause by residing in Vallejo, her injury occurring in Sacramento, and no longer having an attorney in the original Anaheim venue. Therefore, the case venue was changed to the Oakland district office, and the trial was continued.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardPresiding Workers' Compensation Administrative Law JudgePetition to Change VenuePetition for Change of VenueGood CauseMandatory Settlement ConferenceApplication for Adjudication of ClaimIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision
Jan 16, 2008

Garced v. Clinton Arms Associates

Plaintiff Troy Garced suffered burn injuries on premises controlled by defendant Clinton Arms Associates, initiating a lawsuit in Bronx County based on his alleged residency there prior to incarceration. The defendant successfully moved to change venue to Nassau County, arguing that the plaintiff lacked proper Bronx residency. The Supreme Court denied the plaintiff's subsequent motion to renew, finding that the new evidence was not sufficiently justified as previously unavailable. The appellate court affirmed the denial of the motion to renew and dismissed the appeal from the initial venue change, concluding that plaintiff failed to establish residency in Bronx County. A dissenting opinion argued that the plaintiff's affidavit and medical records created a factual dispute warranting a hearing on the residency issue.

Venue DisputeResidency RequirementIncarceration ImpactMotion to RenewSection 8 HousingAppellate ReviewBronx CountyNassau CountyPersonal InjuryBurn Injury
References
17
Case No. ADJ3265357
Regular
Sep 09, 2009

MARTHA MENDEZ vs. YMCA OF SAN FRANCISCO, TRAVELERS WALNUT CREEK

The Workers' Compensation Appeals Board granted reconsideration and remanded the case to the trial level for recalculation of the permanent disability award. The Board found that the Agreed Medical Evaluator's (AME) opinion of November 8, 2007, which attributed 50% of the applicant's increased permanent disability to non-industrial degenerative changes supported by MRI studies, constituted substantial evidence. This opinion superseded the previous award, which did not adequately account for these degenerative conditions. Therefore, the Workers' Compensation Judge must now recalculate the permanent disability award based on this 50% non-industrial apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition to ReopenIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorDegenerative ChangesMRI Studies
References
3
Case No. ADJ7825518
Regular
Nov 05, 2013

MICHELLE WELLS vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order changes the venue for Michelle Wells' case from the Eureka District Office to the Sacramento District Office. The transfer is necessary because the Presiding Judge in Eureka has recused herself and there are no other judges available there. The order also directs the Sacramento Presiding Judge to assign the case to a judge who has no prior working relationship with the applicant.

WCABLegally UninsuredAdjusting AgencyOrder Changing VenuePresiding Workers' Compensation JudgeRecusedAppeals Board Rule 10453Sacramento District OfficeAssignmentApplicant
References
0
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
0
Case No. 2018 NY Slip Op 01700 [159 AD3d 1218]
Regular Panel Decision
Mar 15, 2018

Matter of Foo

Stanley Chang Woon Foo, an attorney admitted in 2010, faced disciplinary action in New York stemming from professional misconduct in British Columbia. He was previously suspended and fined in British Columbia for making inappropriate and threatening remarks to a social worker. The Attorney Grievance Committee for the Third Judicial Department moved to impose reciprocal discipline in New York. The court found that Foo's conduct violated New York's Rules of Professional Conduct, particularly concerning prejudice to the administration of justice and reflecting adversely on his fitness as a lawyer. As a result, the court granted the motion and ordered that Foo be censured.

Attorney MisconductProfessional DisciplineCensureCross-Jurisdictional DisciplineRules of Professional ConductAppellate Division Third DepartmentThreatening StatementsProfessional EthicsReciprocal DisciplineSocial Worker Interaction
References
7
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