Updated Daily

Case Law Database

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

Case No. MON 0114910

Regular

Oct 02, 2007

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by lien claimants California Psychiatric Center and Neuro-Electro Diagnostic. The dismissal was based on the petition's failure to meet the verification requirement of Labor Code section 5902. The lien claimants sought reconsideration of a prior ruling that barred their claims due to latches, statute of limitations, and prejudice to the defendant.

Lien claimantsPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code section 4903.5statute of limitationslatchesprejudiceverificationLabor Code section 5902

References

Case No. MISSING

Regular Panel Decision

Oct 13, 1999

Forde v. Columbus McKinnon Corp.

The defendant Markey Industrial Supply, Inc., appealed an order from the Supreme Court, Queens County, which denied its motion for summary judgment. The case involves a plaintiff who sustained severe injuries on January 10, 1995, when machinery fell from a defective hoist lacking a safety latch, while working for Consolidated Edison. Markey Industrial Supply, Inc. had a contract with Consolidated Edison to service and inspect hoists according to OSHA regulations. The Supreme Court affirmed the denial of summary judgment, concluding that Markey's contractual duties included OSHA-compliant inspections, making them potentially liable for negligence.

Personal InjurySummary Judgment DenialNegligenceContractual LiabilityWorkplace AccidentDefective EquipmentHoistOSHA ComplianceAppellate ReviewPremises Liability

References

Case No. MISSING

Regular Panel Decision

Jan 27, 1998

Urbano v. Plaza Materials Corp.

This case concerns an appeal from an order granting summary judgment to defendant Plaza Materials Corporation in a wrongful death action. The decedent, an asphalt batcher, was found dead after apparently falling into an asphalt bin. Plaintiffs alleged he was repairing a latch, but the court found this unsubstantiated and based on inadmissible hearsay. The Supreme Court granted summary judgment, determining the activity was not covered by Labor Law and no prima facie common-law liability was established. The appellate court affirmed, concluding that the decedent's alleged activity constituted routine maintenance outside the scope of Labor Law §§ 240(1) and 241(6), and that the defendant, as an out-of-possession landowner, was not liable under Labor Law § 200 or common law due to lack of supervision or control.

Wrongful DeathSummary JudgmentLabor LawRoutine MaintenanceOut-of-Possession LandownerCommon-Law LiabilityRes Ipsa LoquiturAppellate DivisionWestchester CountyPremises Liability

References

Showing 1-3 of 3 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

Lien claimantsPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code section 4903.5statute of limitationslatchesprejudiceverificationLabor Code section 5902

Forde v. Columbus McKinnon Corp.

Personal InjurySummary Judgment DenialNegligenceContractual LiabilityWorkplace AccidentDefective EquipmentHoistOSHA ComplianceAppellate ReviewPremises Liability

Urbano v. Plaza Materials Corp.

Wrongful DeathSummary JudgmentLabor LawRoutine MaintenanceOut-of-Possession LandownerCommon-Law LiabilityRes Ipsa LoquiturAppellate DivisionWestchester CountyPremises Liability