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

Case No. 2021 NY Slip Op 04288
Regular Panel Decision
Jul 09, 2021

Taylor v. Piatkowski Riteway Meats, Inc.

Plaintiff Michael A. Taylor, an employee of Durham Staffing, Inc., was assigned to work at Piatkowski Riteway Meats, Inc. and was injured there. He commenced an action against Piatkowski Riteway Meats, Inc., which moved for summary judgment, asserting that Taylor was a special employee and his claim was barred by Workers' Compensation Law. The Supreme Court granted the defendant's motion. However, the Appellate Division, Fourth Department, reversed the order, finding that the defendant failed to meet its burden of establishing as a matter of law that it exercised complete control over the plaintiff's work, thus raising a triable issue of fact regarding the special employee doctrine. Consequently, the motion for summary judgment was denied, and the complaint reinstated.

Special Employee DoctrineWorkers' CompensationSummary Judgment ReversalAppellate DivisionEmployer ControlStaffing Agency LiabilityWorkplace InjuryTriable Issue of FactComplaint ReinstatementLabor Law Litigation
References
8
Case No. MISSING
Regular Panel Decision
May 12, 1989

Widawski v. United Beef Packers, Inc.

The Supreme Court, Bronx County, affirmed an order denying the defendant's motion for summary judgment. Defendant United Beef Packers failed to sufficiently establish its defense as a matter of law. Material issues of fact exist regarding whether United Beef Packers had severed all ties to the Indiana meat-packing plant where the plaintiff sustained injury on September 7, 1986. This injury occurred before the plaintiff’s employer, Hebrew National Kosher Foods, Inc., moved its operation there. The various depositions did not resolve whether the plaintiff’s sole remedy lies against Hebrew National based on workers’ compensation.

Summary JudgmentWorkers' CompensationMaterial Issues of FactCorporate LiabilitySevered TiesMeat-packing PlantEmployer ResponsibilityPersonal InjuryAppellate DecisionSupreme Court
References
1
Case No. ADJ8979705
Regular
Oct 01, 2016

VENANCIO GALLEGOS vs. ROSE & SHORE RITE WAY RR MEAT PACKERS, INCORPORATED/RITE-WAY MEAT PACKERS, INCORPORATED, EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order to further develop the record. This decision was based on the WCJ's premature order to depose the original PQME, Dr. Steiger, before ruling on whether his reports were admissible. The Board found that requiring this deposition without a ruling on Dr. Steiger's availability would be premature and cause irreparable harm. The case is returned to the trial level for a status conference before a new judge to address the PQME dispute and other issues.

Petition for RemovalVacating SubmissionPQME depositionMedical report admissibilityCross-examinationWCJ orderWorkers' Compensation Appeals BoardRecord developmentPrecedentIrreparable harm
References
3
Case No. MISSING
Regular Panel Decision

T & M Meat Fair, Inc. v. United Food & Commercial Workers, Local 174

The plaintiffs, T & M Meat Fair, Inc. and its owners, filed a class action lawsuit in New York state court against the United Food and Commercial Workers (UFCW) unions and affiliated funds, alleging fraud and breach of fiduciary duty related to their participation in ERISA plans. The defendants removed the case to federal court, citing original jurisdiction under ERISA and LMRA. The plaintiffs then moved to remand the case back to state court, arguing that federal jurisdiction was improper and also sought attorneys' fees and costs. The District Court denied the plaintiffs' motion to remand, finding that federal jurisdiction was proper based on at least one claim arising under ERISA in the amended complaint, and also denied the request for attorneys' fees and costs. The court explicitly stated that Count III, asserting rights under ERISA for Milano, established federal jurisdiction.

ERISALMRARemoval JurisdictionFederal CourtState CourtRemand MotionClass ActionLabor UnionPension FundsHealth Funds
References
14
Case No. MISSING
Regular Panel Decision

Hayden v. S & W Meat & Poultry

Claimant, a partner in S & W Meat & Poultry, sustained a serious injury. A workers' compensation claim was filed, but the carrier contested coverage, arguing that claimant, as a partner, had not formally elected coverage under Workers' Compensation Law § 54 (8). The Workers' Compensation Board applied estoppel, finding the carrier failed to advise the employer of the election requirement. On appeal, the court reversed this decision, holding that the employer's insurance broker, the Fear agency, was notified of the lack of coverage, and this knowledge is imputed to the employer. The court found insufficient evidence for estoppel and remitted the matter to the Board for further proceedings.

Workers' CompensationEstoppelInsurance CoveragePartnershipAgent LiabilityImputed KnowledgePremium RefundAppellate ReviewRemittalWorkers' Compensation Law § 54 (8)
References
5
Case No. ADJ2019047 (MON 0363206) ADJ2607993 (MON 0363205)
Regular
Feb 13, 2014

ALFONSO RIVERA vs. RITE-WAY MEAT PACKERS, INC., COMPWEST INSURANCE COMPANY

This case involves Alfonso Rivera's Petition for Reconsideration of a prior decision that denied his claim for new and further disability related to a back and hernia injury. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the administrative law judge's report. The Board emphasized that a prior 2010 award of lifetime medical treatment for the back and hernia remains in effect, and Rivera is encouraged to seek clarification from his attorney. Rivera's own handwritten statement, translated by the Board, expressed dissatisfaction and a need for medical attention, but lacked specificity.

Petition for ReconsiderationNew and Further DisabilityFindings and AwardStipulationLifetime Medical TreatmentCertified InterpreterPanel QMECumulative TraumaPermanent DisabilityOrthopedic Injuries
References
0
Case No. ADJ10168186 ADJ10168303
Regular
Mar 17, 2020

JOSEFINA VALDIVIA vs. KING MEAT, INC., ACE/ESIS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Josefin Valdivia's claims against King Meat, Inc. and ACE/ESIS. While affirming the January 10, 2020 decision, the WCAB amended it to defer specific issues. The determination of whether the injury arose out of and occurred in the course of employment (AOE/COE) is deferred. Furthermore, issues regarding permanent disability and entitlement to future medical treatment are also deferred.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardPermanent DisabilityFuture Medical TreatmentWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ2754339, ADJ2982695
Regular
Feb 22, 2023

VIRGINA VASQUEZ vs. KING MEAT, INC., FREMONT INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by CIGA. CIGA challenged a prior finding that allowed payment for medical treatment and a specific medical-legal report by Dr. Konstat. The Board adopted the Workers' Compensation Judge's report, which found that Dr. Konstat's treatment was reasonable and necessary, and that her 2007 medical-legal report was properly requested. The Board also determined that the prior judge's findings on reasonableness were binding in the subsequent lien trial.

CIGAPetition for ReconsiderationLien ClaimantPrimary Treating PhysicianMedical-Legal ReportsSelf-Procured TreatmentUtilization ReviewLabor Code section 4620Rules 9785(e)(3)Rules 9785(e)(4)
References
4
Case No. ADJ9843293
Regular
Mar 16, 2017

MIRNA MEDINA vs. ROSE & SHORE COMPANY dba RITE-WAY MEAT PACKERS, INC., INSURANCE COMPANY OF THE WEST FROUP

The Appeals Board dismissed the Defendant's Petition for Reconsideration and denied their Petition for Removal. The Board found that removal is an extraordinary remedy and the Defendant failed to demonstrate substantial prejudice. Furthermore, the WCJ's order to take the matter off-calendar was not a final order, thus precluding reconsideration. The Board upheld the WCJ's procedural decision, allowing for arbitration of the coverage dispute.

WCABPetition for ReconsiderationPetition for RemovalOff-calendar orderArbitrationCoverage disputeExtraordinary remedySubstantial prejudiceIrreparable harmFinal order
References
6
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
2
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