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Case No. ADJ10945011

Regular

Oct 29, 2020

ALFREDO TORRES vs. PERSONNEL STAFFING GROUP, LLC, dba BARNETT MANAGEMENT, PROTECTIVE INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contention that the applicant's average weekly earnings were incorrectly calculated. The Board found the record inadequate to determine the applicant's earning capacity, particularly concerning his status as a seasonal worker paid by piecework. Consequently, the matter is returned to the trial level for further development of the record on average weekly earnings. The Board did not find error in the reliance on the treating physician's medical opinion for permanent disability.

Workers' Compensation Appeals BoardPersonnel Staffing GroupProtective Insurance CompanyAlfredo TorresAdjudication NumberFindings and AwardPetition for Reconsiderationpermanent disabilitylumbar spinefruit picker

References

Case No. MISSING

Regular Panel Decision

International Union of Electrical, Radio & MacHine Workers v. General Electric Co.

The plaintiff Union sought summary judgment to compel arbitration of eight grievances against the defendant Employer, arising from disputes under 1960 and 1963 collective bargaining agreements. The grievances concerned issues such as job openings, seniority in layoffs, disciplinary actions, and piecework pricing structures. The defendant resisted arbitration, claiming explicit contractual exclusions and, in one instance, a prior resolution by the National Labor Relations Board. The District Court, guided by federal labor policy favoring arbitration, analyzed each grievance and largely rejected the defendant's arguments, finding the matters arbitrable.

Labor LawArbitrationCollective Bargaining AgreementSummary JudgmentGrievance ProcedureSeniorityLayoffsDischargeNational Labor Relations BoardUnfair Labor Practice

References

Case No. MISSING

Regular Panel Decision

Vazquez v. Orange County Rehabilitation Center

Plaintiff's ward was allegedly sexually assaulted by defendant Lewis while engaged in piecework at a sheltered workshop operated by Occupations. Defendants Occupations and Lewis asserted workers' compensation coverage as affirmative defenses. The court held that claims occurring before July 22, 1989, when Mental Hygiene Law § 33.09 (c) excluded sheltered workshop participants from workers' compensation, are not subject to the defense. For claims after July 22, 1989, when the law was amended to allow coverage if elected, the issue of workers' compensation coverage is referred to the Workers' Compensation Board. Defendant Orange County Department of Mental Health's motion for summary judgment was granted due to lack of evidence linking them to the incident or supervision of Occupations.

sexual assaultsheltered workshopworkers' compensationsummary judgmentaffirmative defensestatutory constructionjurisdictionMental Hygiene Lawamendmentnegligence

References

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ALFREDO TORRES vs. PERSONNEL STAFFING GROUP, LLC, dba BARNETT MANAGEMENT, PROTECTIVE INSURANCE COMPANY

International Union of Electrical, Radio & MacHine Workers v. General Electric Co.

Labor LawArbitrationCollective Bargaining AgreementSummary JudgmentGrievance ProcedureSeniorityLayoffsDischargeNational Labor Relations BoardUnfair Labor Practice

Vazquez v. Orange County Rehabilitation Center

sexual assaultsheltered workshopworkers' compensationsummary judgmentaffirmative defensestatutory constructionjurisdictionMental Hygiene Lawamendmentnegligence