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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
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
1
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. ADJ9525473
Regular
Sep 11, 2017

MARIA GONZALEZ vs. COTTON GENERATION, INC. doing business as PACIFIC COAST KNITTING, SECURITY NATIONAL INSURANCE COMPANY, PUBLIC SERVICE MUTUAL INSURANCE

Defendant Security National Insurance Company (SNIC) sought removal of this workers' compensation case to the Appeals Board, claiming irreparable harm from an order setting trial without allowing evidence of a key QME deposition transcript. The Appeals Board denied the petition, finding removal to be an extraordinary remedy not warranted here. The QME deposition transcript has since been filed and can be offered at trial, making the prejudice claim moot and reconsideration an adequate remedy. Therefore, the case will proceed to trial as scheduled.

Petition for RemovalMandatory Settlement ConferenceQualified Medical EvaluatorDeposition TranscriptApportionmentIrreparable HarmAdequate RemedyPre-trial Conference StatementDeclaration of ReadinessCumulative Injury
References
2
Case No. ADJ7803842
Regular
May 03, 2016

RAONAL SMITH vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (ALJ) finding of jurisdiction over the applicant's cumulative industrial injury claim against the St. Louis Rams. The defendant insurer argued California lacked sufficient connection to the injury, citing a previous case. The Board rescinded the ALJ's decision because the record was unclear regarding the evidence considered, particularly a deposition transcript that the ALJ indicated would be reviewed. The case is returned to the trial level for the ALJ to clarify the record, address the deposition transcript and related objections, and rule on the contention that the applicant was hired in California.

Workers' Compensation Appeals BoardSt. Louis RamsGreat Divide Insurance Companycumulative industrial injuryprofessional athleteoffensive linebackersubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Petition for ReconsiderationWCJ's Findings of Fact
References
4
Case No. MISSING
Regular Panel Decision

Gorzynski v. Jetblue Airways Corp.

Plaintiff, a former employee of JetBlue Airways Corporation, initiated an employment discrimination lawsuit citing age and gender discrimination and retaliation. She moved to use an incomplete deposition transcript of Lee Gojmerae, a former co-worker, at trial, a request opposed by the Defendant. The court found that the Defendant had waived objections to the transcript's completeness by failing to promptly file a motion to suppress. Concluding that Ms. Gojmerae's testimony was highly probative and the Defendant had not demonstrated prejudice, the court granted the Plaintiff's motion. This decision allows the use of the incomplete deposition testimony, with potential jury instructions regarding its incompleteness and the possibility for Ms. Gojmerae to testify via contemporaneous transmission.

Employment DiscriminationAge DiscriminationGender DiscriminationRetaliationDeposition TestimonyAdmissibility of EvidenceMotion in LimineFederal Rules of Civil ProcedureWaiver of ObjectionRule of Completeness
References
7
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. ADJ9837582, ADJ9835957
Regular
Jul 09, 2015

SANTOS GUZMAN vs. MAIN IMPERIAL, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves Applicant's petition for removal of a WCJ's Order to Compel attendance at a deposition. The Board denied removal, finding Applicant failed to demonstrate substantial prejudice or irreparable harm. The Order to Compel was properly obtained via a walk-through procedure, not an improper ex parte communication. Furthermore, Applicant provided no valid reason for objecting to the continued deposition, especially after prior agreement and the alleged factual inaccuracy of his objection regarding deposition transcripts.

Workers' Compensation Appeals BoardPetition for RemovalOrder to Compel AttendanceDepositionAdministrative Law JudgeWCJCumulative Trauma InjurySpecific InjuryDue ProcessEx Parte
References
2
Case No. ADJ6985337
Regular
Jul 02, 2012

Richard Brennan vs. Los Angeles Kings, Federal Insurance Company

This case concerns a workers' compensation applicant whose deposition was repeatedly missed, delaying discovery. The defendant employer requested removal of an order setting a trial date due to due process concerns regarding discovery and trial scope. The Appeals Board granted removal, amending the prior order to allow the admission of qualified medical examiner deposition transcripts, finding the defendant exercised due diligence. The Board affirmed the trial date but ensured the record would remain open for these crucial depositions.

Petition for RemovalDeclaration of Readiness to ProceedOther SettlementDue ProcessDiscoveryDepositionQualified Medical EvaluatorsQMEMandatory Settlement ConferenceMSC
References
0
Case No. MISSING
Regular Panel Decision
Aug 21, 2006

Robles v. Merrill Lynch/WFC/L, Inc.

The Supreme Court, New York County, initially denied the defendants' motion to compel further deposition of the plaintiff's social worker. This decision was subsequently appealed and unanimously reversed by the appellate court. The appellate panel determined that the plaintiff had waived the applicable privilege under CPLR 4508. This waiver occurred because the plaintiff's bill of particulars affirmatively placed her mental condition in issue by alleging related injuries. Consequently, the appellate court granted the defendants' motion to compel the deposition.

Mental ConditionDepositionPrivilegeWaiverSocial WorkerCPLR 4508Appellate ReversalMotion to CompelBill of ParticularsDiscovery
References
1
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