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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

Jun 02, 2000

Crowder v. Leichter

The plaintiff appealed an order granting summary judgment to defendants Carl Leichter, Russell W. Cohen, South Nassau Dermatology, and Vincent Cannino. The Supreme Court properly granted Cannino's motion, finding his snow and ice removal procedures were not negligent and the plaintiff failed to raise a triable issue of fact. Additionally, summary judgment was properly granted to Leichter, Cohen, and South Shore Dermatology because the plaintiff was barred from recovering under Workers’ Compensation Law § 29 (6). This was due to Leichter and Cohen, who were responsible for snow removal, also being officers of the corporation employing the plaintiff, who was injured during the course of her employment. The appellate court affirmed the order.

Personal InjurySummary JudgmentSnow and Ice RemovalNegligenceWorkers' Compensation LawExclusivity ProvisionSpecial EmployeePremises LiabilityAppellate DecisionNassau County

References

Case No. ADJ5834082

Regular

Mar 22, 2010

Patricia Guillen vs. Redwood Empire Dermatology, Preferred Employers of San Diego

The Workers' Compensation Appeals Board granted reconsideration and reversed the original decision, finding the applicant failed to prove discrimination under Labor Code section 132a. The Board determined the employer made the decision to terminate the applicant for absenteeism and tardiness *before* learning of her industrial injury. Therefore, the applicant did not prove her termination was "because of" her injury as required by law. The applicant's claim for discrimination benefits was denied.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationterminationindustrial injuryprima facie casebusiness realitiesapplicant testimonyemployer testimonycredibility

References

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Crowder v. Leichter

Personal InjurySummary JudgmentSnow and Ice RemovalNegligenceWorkers' Compensation LawExclusivity ProvisionSpecial EmployeePremises LiabilityAppellate DecisionNassau County

Patricia Guillen vs. Redwood Empire Dermatology, Preferred Employers of San Diego

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationterminationindustrial injuryprima facie casebusiness realitiesapplicant testimonyemployer testimonycredibility