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

Case No. 2022 NY Slip Op 06887 [211 AD3d 432]
Regular Panel Decision
Dec 06, 2022

Lively v. Wafra Inv. Advisory Group, Inc.

The plaintiff, Francis P. Lively, appealed an order that dismissed his complaint against Wafra Investment Advisory Group, Inc. and Fawaz Al-Mubaraki. Lively, a former senior managing director, alleged age discrimination and retaliation under the New York State and City Human Rights Laws after being terminated due to sexual harassment complaints. The court affirmed the dismissal, finding that Lively failed to sufficiently allege age discrimination or a causal connection for retaliation. Additionally, his claims for tortious interference, defamation, negligence, unjust enrichment, and quantum meruit were also found to be inadequately pleaded or barred by other laws. The Second Circuit's prior dismissal of federal claims did not, however, preclude state law claims based on collateral estoppel.

Age DiscriminationRetaliationEmployment LawHuman Rights LawCollateral EstoppelWrongful TerminationTortious InterferenceDefamationUnjust EnrichmentQuantum Meruit
References
16
Case No. ADJ5836855
Regular
Dec 11, 2012

Malory Wheat vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award allowing a lien for living expenses claimed by the CCPOA Benefits Trust Fund. The WCAB held that liens in workers' compensation are strictly statutory and the CCPOA's claim for reimbursement of benefits advanced did not fit within the specific provisions of Labor Code sections 4903 or 4903.1 for "living expenses" or benefits provided by a "self-insured employee welfare benefit plan." The Board clarified that liens for living expenses are intended for those who loan money or extend credit, not for contractual obligations of insurance or benefit plans.

Workers' Compensation Appeals BoardMalory WheatState Compensation Insurance FundCCPOA Benefits Trust Fundlien claimantLabor Code section 4903(c)Labor Code section 4903.1(a)(1)Labor Code section 4903.1(a)(2)Labor Code section 4903.1(a)(3)living expenses
References
9
Case No. MISSING
Regular Panel Decision

Ebrahimian v. Nationwide Mutual Fire Insurance

The case involves homeowners Moosa and Sheila Ebrahimian suing Nationwide Mutual Fire Insurance Company for breach of contract and bad faith regarding a storm damage claim to their residence. The dispute centered on coverage for repair costs, additional living expenses, and damages from vermin. The defendant moved for summary judgment. The court, presided over by District Judge Spatt, granted the motion in part, dismissing claims for undocumented additional living expenses, construction expenses to bring the home to code, vermin-related expenses, bad faith, and punitive/special damages. The court denied summary judgment on other aspects of the breach of contract claim, finding issues of fact regarding the proximate cause of damages and the plaintiffs' cooperation concerning damaged furniture.

Insurance disputeProperty damageHomeowners policySummary judgmentBreach of contractBad faith claimConsequential damagesPunitive damagesAdditional living expensesCooperation clause
References
31
Case No. MISSING
Regular Panel Decision

Wheeler v. Grande'Vie Senior Living Community

Plaintiff John A. Wheeler suffered injuries after slipping on ice and falling in the parking lot of defendant's assisted living facility while helping his mother-in-law move during a snowstorm. The area where he fell had been shoveled, but ice was present beneath a thin layer of snow. Wheeler and his wife initiated a personal injury action, which the Supreme Court dismissed by granting the defendant's motion for summary judgment, citing the "storm in progress" doctrine. On appeal, the higher court affirmed this decision, concluding that the plaintiffs failed to establish that the defendant's snow removal efforts created a hazardous condition or exacerbated the natural hazards of the storm. Furthermore, the court found no duty to warn of icy conditions during an ongoing storm under the specific circumstances, upholding the dismissal of the complaint.

Personal InjurySlip and FallPremises LiabilityStorm in Progress DoctrineSummary JudgmentLandowner DutySnow RemovalIceNegligenceAppellate Review
References
7
Case No. 2022 NY Slip Op 02680
Regular Panel Decision
Apr 22, 2022

Finocchi v. Live Nation Inc.

Carmen J. Finocchi, Jr. sustained injuries while manually loading rigging equipment, leading to a lawsuit against Live Nation Inc. The Supreme Court initially dismissed the complaint, ruling that Finocchi's failure to use an available forklift was the sole proximate cause of his injuries. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court found that Finocchi's choice not to use a forklift could not be deemed the sole proximate cause, particularly as he was instructed to lift the equipment manually. The court also affirmed that the work performed fell under the coverage of Labor Law § 240 (1), reinstating the claim, granting judgment on liability to the plaintiffs, and remitting for a new trial solely on the issue of damages.

LiabilityWorkplace SafetyForkliftManual LiftingAppellate ReviewProximate CauseComparative FaultInjuryDemolition WorkStage Rigging
References
20
Case No. ADJ3271009 (LBO 0324379)
Regular
Oct 28, 2015

OSCAR SALINAS vs. CASA DE GONZALES; CIGA, administered by Sedgwick CMS, for LEGION INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration to affirm the WCJ's award of vocational rehabilitation benefits, finding that the applicant's rights vested before the repeal of Labor Code section 139.5 due to a late rehabilitation appeal by the defendant. The Board also affirmed the award of living expenses to the applicant's attorney and ordered further medical treatment based on a party stipulation. The WCAB corrected an error identifying CIGA as the insurer and clarified the lien amount for attorney-advanced living expenses.

CIGALegion InsuranceVocational RehabilitationLabor Code Section 139.5Rehabilitation AppealTimely-FiledVesting of BenefitsFurther Medical TreatmentStipulationLiving Expenses Lien
References
6
Case No. ADJ8335165
Regular
Feb 26, 2018

KATHY TATICK vs. COUNTY OF SANTA BARBARA, CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision denying a lien claimant's claim. The lien claimant sought reimbursement for legal services related to disability retirement benefits or, alternatively, for living expenses. The WCAB found it premature to rule on the lien's validity without an actual filed lien and awarded compensation to the applicant. The case was returned to the WCJ for further proceedings to determine if the services qualify as attorney's fees for workers' compensation claims and to assess the living expense lien according to established precedent.

WCABlien claimantreconsiderationFindings and OrderLabor Code § 4903attorney's feesliving expensesindustrial injurycompensationDOR
References
5
Case No. ADJ36 55308 (SDO 0361476)
Regular
Mar 15, 2016

VERONICA GONZALEZ LEON vs. CENTINELA STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, CCPOA Benefit Trust Fund, seeking reimbursement for living expenses paid to an applicant. The Workers' Compensation Appeals Board denied CCPOA's petition for reconsideration, affirming the judge's prior ruling. The Board found that CCPOA's lien was invalid because temporary disability payments had been fully discharged before the lien was filed. Furthermore, the Board clarified that under Labor Code section 4903.1(a)(3)(A), such liens for living expenses are only permissible against available temporary disability indemnity and not against permanent disability benefits.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationFindings and OrderLiving expense paymentsSelf-funded employee welfare benefit planLabor Code section 4903.1Temporary disabilityIndustrial causationPermanent disability payments
References
3
Case No. ADJ122717
Regular
Dec 13, 2012

JOE MARTINEZ vs. CDC-CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

Here is a summary of the case in four sentences: The Workers' Compensation Appeals Board denied a lien claim by the CCPOA Benefits Trust Fund for over $42,000 paid to applicant Joe Martinez for living expenses. The Board found no statutory authority under Labor Code sections 4903 or 4903.1 to allow reimbursement for living expenses paid by a self-insured employee welfare benefit plan. Specifically, Labor Code section 4903.1(a)(3) only permits such liens for group disability policies under specific conditions not met here. The Board affirmed the trial judge's decision disallowing the lien.

Workers' Compensation Appeals BoardLien claimLabor Code section 4903(c)Living expensesSelf-insured employee welfare benefit planStatutory authorizationReimbursementPermanent disabilityTemporary disabilityGroup disability policy
References
8
Case No. MISSING
Regular Panel Decision

In re Relativity Fashion, LLC

This Memorandum Opinion addresses a motion for attorneys' fees and expenses filed by Relativity Media, LLC (and its affiliates RML Distribution Domestic, LLC, Armored Car Productions, LLC, and DR Productions, LLC, collectively 'Relativity') and Mr. Ryan Kavanaugh against Netflix, Inc. The dispute arose from Netflix's refusal to execute 'Date Extension Amendments' related to a License Agreement, prompting Relativity to seek relief under Section 1142 of the Bankruptcy Code. The Court previously ruled that Netflix was barred by res judicata and judicial estoppel from asserting its claimed contractual rights to distribute films before theatrical release. In this opinion, the Court determined that Relativity was the 'prevailing party' under California Civil Code Section 1717 and the License Agreement's fee provision. Consequently, Relativity is entitled to reimbursement for its own reasonable attorneys' fees and litigation expenses. However, the Court denied Mr. Kavanaugh's request for reimbursement of his counsel's fees and expenses, concluding that he was not a party to the License Agreement and did not meet the exceptions for non-signatories to recover fees. The Court awarded Relativity $818,547.48, comprising $795,732.50 in attorneys’ fees and $22,814.98 in litigation expenses, against Netflix.

Attorneys FeesLitigation ExpensesContract LawCalifornia Civil Code Section 1717Bankruptcy Code Section 1142Prevailing PartyLodestar MethodHourly RatesJudicial EstoppelRes Judicata
References
85
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