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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
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

Henry v. New York State Commission of Investigation

Petitioners, Suffolk County District Attorney Patrick Henry and Assistant DA Raymond G. Perini, initiated a proceeding against the New York State Commission of Investigation (S.I.C.) and its chairman, David G. Trager. They alleged the S.I.C. overstepped its jurisdiction, interfered with the DA's duties, and violated their constitutional and statutory rights during a two-year probe into the Suffolk County Police Department and DA's office. Petitioners sought various forms of relief, including declaratory judgments, injunctive relief, and pre-release judicial review of the S.I.C.'s report. The court denied motions for intervention and discovery, concluding that the S.I.C. is a purely investigative body without adjudicatory or prosecutorial powers, thus upholding its enabling act's constitutionality and denying all of the petitioners' requested relief. The court granted the respondents' cross-motion to dismiss the proceeding.

Investigatory PowersDue Process RightsJurisdictional DisputeDeclaratory JudgmentInjunctive ReliefCertiorari ReviewState Commission of InvestigationGrand Jury AuthorityPublic Official MisconductCivil Rights Law
References
18
Case No. ADJ2151993 (SFO 0507276)
Regular
May 18, 2018

RICHARD JOHNSON vs. CITY OF SOUTH SAN FRANCISCO, CITY OF PACIFICA

This case concerns the award of appellate costs to the City of Pacifica. The Court of Appeal previously affirmed a decision in Pacifica's favor and ordered the City of South San Francisco (CSSF) to bear Pacifica's costs. Pacifica subsequently submitted a verified petition for costs totaling $1,425.00, which included electronic filing and paper copy expenses. The Workers' Compensation Appeals Board found Pacifica's requested costs reasonable and awarded them against CSSF.

Workers' Compensation Appeals BoardRemittiturFirst District Court of AppealPetition for ReconsiderationArbitratorPetition for CostsAppellate CostsReimbursementVerified PetitionSubstantiation of Costs
References
1
Case No. 2015 NY Slip Op 05129
Regular Panel Decision
Jun 16, 2015

Ansah v. A.W.I. Security & Investigation, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The underlying action was a putative class action filed by security and fire safety workers, Samuel Ansah et al., against A.W.I. Security & Investigation, Inc., and affiliated entities. Plaintiffs sought recovery for prevailing wages, supplemental benefits, and overtime pay for work on public construction projects. The Supreme Court had denied defendants' cross-motion for summary judgment as premature, citing the need for production of relevant public work contracts and conflicting affidavits. The Appellate Division upheld this decision, also rejecting defendants' unpreserved argument for arbitration, stating that nonsignatories are generally not bound by arbitration agreements.

Summary judgmentclass actionprevailing wagessupplemental benefitsovertime paypublic construction projectsarbitration agreementnonsignatoriesCPLR 3212 [f]Appellate Division
References
2
Case No. 2018 NY Slip Op 05907 [164 AD3d 43]
Regular Panel Decision
Aug 23, 2018

AWI Sec. & Investigators, Inc. v. Whitestone Constr. Corp.

This case concerns a dispute between AWI Security and Investigations, Inc. (AWI), a subcontractor, and Whitestone Construction Corp. (Whitestone), a general contractor, over unpaid security services for public construction projects. Whitestone moved to dismiss AWI's action, citing a contractual six-month limitations period that it claimed began in April 2012. AWI appealed the Supreme Court's decision, arguing that the limitations period was unenforceable because Whitestone had stated that payment was contingent on the resolution of a separate prevailing wage class action. Citing precedent, the Appellate Division found that Whitestone's position nullified the contractual limitations period, as it created a scenario where AWI would be forced to sue for a claim that was not yet ripe. Consequently, the Appellate Division reversed the lower court's order, denying Whitestone's motion to dismiss the action as time-barred.

Contractual Limitations PeriodStatute of LimitationsSubcontractor PaymentPublic Construction ProjectCondition PrecedentAccrual of Cause of ActionMotion to DismissAppellate ReviewRipeness of ClaimIndemnity Provision
References
6
Case No. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
4
Case No. MISSING
Regular Panel Decision

Tokyo Electron Arizona, Inc. v. Discreet Industries Corp.

This order addresses the plaintiff Tokyo Electron Arizona's (TAZ) application for reasonable attorney's fees and costs against defendants Discreet Industries and Ovadia Meron (Discreet), pursuant to Federal Rule 37. The court determines the appropriate award by assessing the reasonableness of hourly rates and hours expended, applying the lodestar method. While acknowledging the high caliber of work, the court reduced Mr. Haug's hourly rate and applied a 10% overall reduction to the billed hours to account for potential overlap. Additionally, the court found TAZ's copying and transcript costs reasonable and partially awarded costs for a computer-generated Power Point presentation. Ultimately, TAZ was awarded $55,751.79 in fees and $5386.19 in costs, totaling $61,137.98.

Attorney's FeesCostsDiscovery SanctionsFederal Rule 37Lodestar MethodHourly RatesReasonable HoursEastern District of New YorkSouthern District of New YorkWork Product Doctrine
References
26
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
4
Case No. ADJ10146503
Regular
Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

This case concerns an award of attorney's fees and costs to applicant's attorney, Robert Rassp, pursuant to Labor Code section 5801. The Second District Court of Appeals had previously remanded the matter for this purpose. The Workers' Compensation Appeals Board reviewed Rassp's request for 13.25 hours of work and $865.59 in costs, totaling $6,165.59. The Board disallowed two hours of travel time due to lack of clarity on the reasonableness and nature of the activity. Ultimately, the Board awarded Rassp a total of $5,365.59 in attorney's fees and costs.

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return
References
0
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