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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
Mar 28, 1985

Gay v. American Janitor Service

This case concerns an appeal from a Workers’ Compensation Board decision affirming that the claimant sustained an accidental injury during the course of employment. The claimant, an employee of American Janitor Service, was injured in a company vehicle while being transported to work. Although transportation was not contractually mandated or compensated, it was a regular accommodation provided by the employer. The court affirmed the Board's decision, citing Matter of Holcomb v Daily News, which established that workers' compensation benefits can be awarded for transportation-related injuries if an employer knowingly acquiesces to a long-established practice of providing transport. The record supported the finding of such a common practice.

Workers' CompensationTransportation InjuryCourse of EmploymentEmployer LiabilityImplied AgreementAcquiescenceAppellate ReviewBoard DecisionAccident
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Augustine

This case involves an appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that the claimant, a full-time student at the University of Buffalo working as a janitor, was entitled to unemployment insurance credit. The claimant attended university from approximately 9:30 A.M. to 2:20 P.M. daily, pursuing a Bachelor of Arts degree to qualify for law school, and worked as a janitor from 4:30 P.M. to 1:00 A.M. five days a week. The central question was whether his janitorial work fell under the "Day student" exception in Labor Law § 511(9), which excludes certain part-time student employment from the definition of "employment" for unemployment insurance purposes. Citing precedents like *Matter of Renee (Gorsi)* and *Matter of Moslcowitz (Gorsi)*, the court concluded that the claimant's work fit the statutory exception, viewing it as a temporary job subordinate to his education rather than a permanent livelihood. Consequently, the court unanimously reversed the Appeal Board's decision and reinstated the Industrial Commissioner's initial determination.

Unemployment InsuranceStudent EmploymentLabor Law ExceptionPart-time WorkAppeal BoardJudicial ReviewEducational PursuitTemporary EmploymentStatutory InterpretationJanitor
References
2
Case No. LAO 0778165
Regular
Jul 29, 2008

ROBERTO REYES vs. DRAKE OFFICE OVERLOAD, RELIANCE NATIONAL INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ADVO, INC, ST. PAUL TRAVELERS

This case involved a janitor injured while employed by both a general employer (Drake) and a special employer (Advo). The Workers' Compensation Appeals Board denied Advo's petition for reconsideration, upholding the finding of joint and several liability for the injury. The Board affirmed that Advo's agreement with Drake did not absolve Advo of liability, the statute of limitations did not bar the claim against Advo, and the neurologist's opinion constituted substantial medical evidence.

Workers Compensation Appeals BoardSpecial EmployeeGeneral EmployerJoint and Several LiabilityCIGAInsurance Code section 1063.1Labor Code section 5405Statute of LimitationsLachesSubstantial Medical Evidence
References
19
Case No. ADJ6592136
Regular
Nov 02, 2015

MARIA VEGA vs. BURBANK UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

This case concerns Maria Vega's workers' compensation claim against Burbank Unified School District for injuries sustained as a janitor. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding its prior decision due to a typographical error identified by the defendant. The WCAB's corrected order now defers findings on permanent disability related to headaches and psyche, as well as temporary disability and future medical treatment. Further proceedings are required to resolve these deferred issues.

Workers' Compensation Appeals BoardBurbank Unified School DistrictKeenan & AssociatesPetition for ReconsiderationOpinion and OrderFindings and AwardWorkers' Compensation Administrative Law Judgeindustrial causationpsycheheadaches
References
0
Case No. ADJ7018865
Regular
Jul 01, 2013

AMY NGOC NGO vs. HAI ONG, INC. dba T.N. JANITORIAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that an applicant's injury was not compensable. The applicant, a janitor, claimed injury while assisting her supervisor with landscaping at the supervisor's private residence. The Board adopted the Workers' Compensation Judge's findings, which found the applicant's testimony regarding being scheduled for work on the day of injury lacked credibility and was not corroborated. Furthermore, the applicant's off-duty activity at her supervisor's home did not provide any benefit to the employer, thus not falling within the course of employment.

WCABPetition for ReconsiderationAdministrative Law JudgeCredibilityLabor Code § 3202.5Preponderance of the EvidenceCourse of EmploymentOff-Premises InjurySpecial Mission ExceptionCommercial Traveler Doctrine
References
7
Case No. 2017 NY Slip Op 01480 [147 AD3d 668]
Regular Panel Decision
Feb 23, 2017

Black v. Wallace Church Associates

In this action, plaintiff Calvin Black, a janitor, sought damages for injuries sustained when he slipped on pebbles on a bathroom floor he was hired to clean. The Appellate Division, First Department, reversed the Supreme Court's order, which had denied the defendants' cross motion for summary judgment. The appellate court held that a maintenance or cleaning worker cannot claim injury from a dangerous condition they were employed to remedy, especially since Black frequently removed pebbles as part of his job. Consequently, the complaint against the defendants was dismissed in its entirety.

premises liabilitysummary judgmentjanitor injurydangerous conditionduty to remedyslip and fallappellate reviewNew York law
References
3
Case No. 2020 NY Slip Op 04140
Regular Panel Decision
Jul 22, 2020

Athenas v. Simon Prop. Group, LP

The Appellate Division, Second Department, affirmed an order of the Supreme Court, Suffolk County, granting summary judgment to the landlord and tenant defendants in a personal injury action. Plaintiff Donna Athenas allegedly slipped on Pine Sol in the common area of a shopping mall. The court found that the tenant defendants were not liable, as the accident occurred outside their area of control and the janitor who caused the spill was an independent contractor. The landlord defendants also successfully demonstrated that they did not create the hazardous condition or have actual or constructive notice of it.

Premises LiabilitySlip and FallSummary JudgmentIndependent ContractorRespondeat SuperiorLandlord LiabilityTenant LiabilityCommon AreasNoticeAppellate Review
References
15
Case No. ADJ10478327
Regular
Jan 25, 2018

RUBEN RODRIGUEZ vs. STATE OF CALIFORNIA

This case concerns a claim for psychiatric injury sustained by a groundskeeper/janitor who unknowingly ingested marijuana-laced cheesecake provided by a coworker. The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that the applicant sustained a compensable industrial injury to his psyche. The Board reasoned that the act of being drugged at work, which led to immediate psychiatric disability, constituted a specific industrial injury, irrespective of subsequent events. The opinion clarifies that the initial injury occurred when the applicant became psychiatrically disabled after consuming the substance, satisfying the elements of a compensable injury.

Psyche injuryMarijuana-laced cheesecakeFood poisoningPsychiatric diagnosisAdjustment DisorderGAF ratingCausationIndustrial injuryCompensable consequencePersonnel action
References
0
Case No. MISSING
Regular Panel Decision

Claim of Williams v. Edgewater Savings & Loan Ass'n

The claimant, a porter and janitor, regularly worked at two employer branch offices in Staten Island. On October 3, 1956, after finishing work at one office, he was traveling in his personal car to his home for lunch before returning to the main office, a daily routine. During this trip, his car got a flat tire, and he was injured while attempting repairs. The Workmen’s Compensation Board disallowed his claim, finding he was not an outside worker and was on a personal mission during his lunch break. The appellate court affirmed the board's decision, ruling there was substantial evidence that the accident occurred while the claimant was on personal business.

Workers' CompensationScope of EmploymentLunch Break AccidentPersonal MissionFixed Place of EmploymentTravel between officesAutomobile AccidentFlat TireInjury ClaimBoard Decision Affirmed
References
0
Case No. MISSING
Regular Panel Decision
Aug 25, 2009

Raghu v. New York City Housing Authority

In this personal injury case, the plaintiff, a home health care worker, slipped and fell on a stairway in a building owned by the defendant, sustaining fractures. She claimed to have observed a white, powdery substance on the steps. The defendant moved for summary judgment, asserting a lack of actual or constructive notice of any hazardous condition. While the initial motion court identified a credibility issue regarding the janitor's testimony, the appellate court reversed, granting the defendant's motion. The appellate court found the plaintiff failed to conclusively attribute her fall to either the powder, uneven risers, or inadequate handrails, deeming expert conclusions speculative.

Personal InjurySlip and FallSummary JudgmentNegligenceConstructive NoticePremises LiabilityStairwayHome Health WorkerCredibilityExpert Witness
References
6
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