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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Matter of Steam Pipe Explosion at 41st St. & Lexington Ave.

This dissent arises from an appeal in consolidated pretrial proceedings concerning damages from a 2007 steam pipe explosion owned by Con Ed. Con Ed, a defendant, sought discovery from Team Industrial Services, Inc. (also a defendant) regarding records from the 2001 "Diamond Shamrock litigation" in Texas, arguing similarity in causation due to excessive sealant application. The Supreme Court denied this motion after an in camera review, finding insufficient similarity. The appellate majority reversed, granting Con Ed's motion to compel, but the dissenting judge, Friedman, J.P., argues this was an abuse of discretion. The dissent emphasizes the Supreme Court's thorough analysis of the distinct mechanisms of causation in the two incidents, concluding that the common factor of excessive sealant is superficial and the Diamond Shamrock files are irrelevant to the current matter.

Discovery DisputeAppellate ReviewJudicial DiscretionIn Camera ReviewConsolidated ProceedingsSteam Pipe ExplosionSealant ApplicationCausation MechanismPrior Litigation SimilarityPretrial Proceedings
References
6
Case No. ADJ7324566
Regular
Apr 09, 2013

BRANDON CLARK DECEASED, JOVELYN CLARK (WIDOW), GUARDIAN AD LITEM FOR JOANNA CLARK (MINOR CHILD), BRITTANY CLARK (MINOR CHILD), BENJAMIN CLARK (MINOR CHILD) vs. SOUTH COAST FRAMING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of a death claim where the decedent, Brandon Clark, died from combined toxic effects of sedating drugs. The defense argued that industrially prescribed medications did not significantly contribute to the death, but the Board upheld the finding that the industrially prescribed amitriptyline was a contributing factor. The Board found ample evidence supported industrial causation, rejecting the defense's attempt to limit causation solely to non-industrial medications and their untimely raised claim of intentional overdose.

Death ClaimIndustrial InjuryReconsiderationWidows BenefitsMinor DependentsToxicologyDrug InteractionCausationExpert OpinionMedical Examiner
References
0
Case No. 17 NY3d 702
Regular Panel Decision

Ovadia v. Office of the Industrial Board of Appeals

The New York Court of Appeals addressed whether a general contractor, HOD Construction Corp., acted as a joint employer of its subcontractor Well Built Construction Corp.'s masonry workers, thereby owing them unpaid wages. The lower courts had found joint employment, but the Court of Appeals reversed, holding that the standard contractor/subcontractor relationship during the bulk of the project did not establish joint employment under the Labor Law. The Court determined that factors relied upon by the Board were common in construction and did not indicate direct control or functional supervision by HOD over Well Built's employees. However, the case was remitted to the Industrial Board of Appeals for a determination on whether HOD's owner made an enforceable promise to pay the workers for a specific six-day period after the subcontractor abandoned the project, which could establish an employment relationship for that limited time.

Joint EmploymentSubcontractor LiabilityUnpaid WagesGeneral Contractor ResponsibilityLabor LawEconomic Reality TestAppellate ReviewRemittalConstruction IndustryWorkers' Rights
References
13
Case No. ADJ3449073 (LBO 0392250) ADJ3573639 (LBO 0393361)
Regular
Sep 17, 2012

STEPHEN KEMBLE vs. BAY VIEW PUMBING AND HEATING, ENDURANCE INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of prior decisions that apportioned the applicant's 100% permanent disability between two industrial injuries and non-industrial factors. The Board found the psychiatric Agreed Medical Examiner's opinion unsubstantial due to a lack of review of pre-injury records and a misunderstanding of apportionment duties. Consequently, the matter was returned to the trial level for further proceedings, including appointing a new medical examiner to address causation and apportionment issues more thoroughly. The Board emphasized the need for a fully developed record on complex medical causation concerning the psyche injury.

ReconsiderationFindings and AwardsIndustrial InjuryRight KneeLow BackBoth FeetPsychePlumberPermanent DisabilityApportionment
References
7
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. ADJ11016298
Regular
Sep 27, 2019

ROBERT MESEL, vs. CITY OF FRESNO, Permissibly Self-Insured,

In this workers' compensation case, the applicant claimed industrial injury to his lower back sustained during a cumulative period ending January 24, 2017. The administrative law judge found the applicant failed to prove industrial causation, and the applicant sought reconsideration. The Appeals Board denied the petition, adopting the judge's report. The applicant failed to present substantial medical evidence linking his low back condition to industrial factors, and issues with medical evaluator reports were not adequately addressed.

Petition for ReconsiderationIndustrial InjuryCumulative PeriodTransit SupervisorLower Back ConditionBurden of ProofIndustrial CausationSubstantial Medical EvidenceQualified Medical EvaluatorTreating Physician
References
3
Case No. ADJ7457078
Regular
Jul 03, 2013

MARK GONZALES vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Board amended the previous award, reversing the finding of industrial injury to "sleep." The Board found Dr. Navab's report on sleep disorder causation lacked substantial medical evidence due to an inadequate review of medical records and failure to address non-industrial factors. However, the Board upheld the finding of industrial injury for sexual dysfunction, deeming applicant's testimony credible and consistent with medical opinions. The matter was returned to the trial level for a new permanent disability rating excluding the sleep disorder.

WCABReconsiderationCumulative TraumaPsycheHypertensionSexual DysfunctionSleep DisorderSubstantial Medical EvidenceIndustrial CausationDr. Pedram Navab
References
15
Case No. ADJ3845798 (SFO 0465253)
Regular
Jun 02, 2009

APRIL EDSBERG vs. KAISER FOUNDATION HOSPITALS

This case returns to the trial level for further development of the record regarding apportionment of permanent disability. The Appeals Board rescinded the prior award, finding the record insufficient to determine if the applicant's industrial injuries *alone* caused total permanent disability, as required by recent apportionment statutes. The parties' experts and the WCJ concluded applicant is likely unemployable, but the medical evidence must now specifically address causation of total permanent disability from industrial sources versus non-industrial factors. A new decision by the WCJ is required after this further evidentiary development.

ApportionmentPermanent DisabilityCompensable Consequence InjuryPsycheAgreed Medical ExaminerVocational RehabilitationLabor MarketMedical TreatmentCausationLeBoeuf
References
8
Case No. ADJ15770229; ADJ18313380
Regular
Mar 14, 2025

KEITH WILLIAMS vs. COUNTY OF SAN LUIS OBISPO, INTERCARE ROSEVILLE

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration regarding the permanent disability award for applicant Keith Williams. Defendants contested the finding that Williams's psychiatric disability was solely industrial, arguing for apportionment to non-industrial factors based on a Panel Qualified Medical Evaluator's report. However, the Board adopted the Workers' Compensation Administrative Law Judge's recommendation, finding the primary treating physician's assessment of 100% industrial causation, stemming from a knifepoint assault and kidnapping incident in 2019, to be more compelling and supported by the applicant's trial testimony and the overall evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedPrimary Treating PhysicianPanel Qualified Medical EvaluatorApportionmentNon-industrial factorsSubstantial evidenceLabor Code section 590960-day rule
References
1
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