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

Case No. MISSING
Regular Panel Decision

Prudential Securities, Inc. v. Wyser-Pratte

Petitioners, Prudential Securities and Prudential Insurance, sought to disqualify the law firm Kramer, Levin, Nessen, Kamin & Frankel from representing respondent Guy P. Wyser-Pratte in arbitration proceedings. Wyser-Pratte, a former employee of Prudential Securities, had initiated arbitration alleging various claims including breach of contract and tortious interference by Prudential Insurance. Petitioners argued a conflict of interest due to Kramer's prior representation of Prudential entities in related employment and bankruptcy matters, claiming access to confidential information. The initial court granted the disqualification, finding a substantial relationship between the matters. However, the Appellate Division reversed this decision, concluding that petitioners failed to demonstrate a substantial relationship between the arbitration claims and Kramer's prior representations, and noted the delay in seeking disqualification.

Disqualification of CounselConflict of InterestAttorney-Client RelationshipSubstantial Relationship TestConfidential InformationArbitration ProceedingsWrongful TerminationBreach of ContractEmployment LawAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Sutherland v. City of New York

Norrel Sutherland, a dock builder, was injured on a job site while operating a defective winch motor for Pile Foundation Construction Co., Inc., his employer. He subsequently filed actions against the City of New York, its departments, Ingersoll-Rand Company, and Pile Foundation, alleging negligence and violations of Labor Law, Jones Act, and LHWCA. The Supreme Court initially dismissed claims against Pile under LHWCA and Jones Act, and some Labor Law claims against the City, but denied dismissing the Labor Law § 200 claim against the City. Upon reargument, the court adhered to its prior determinations. Sutherland and the City appealed. This appellate court dismisses several appeals and cross-appeals, upholds the dismissal of Jones Act and Labor Law §§ 240 and 241 (6) claims, and modifies the prior order to grant summary judgment dismissing the Labor Law § 200 claim against the City. The court extensively discusses the "dual capacity" employer liability under LHWCA, affirming that Pile's alleged negligence related to employer functions, not vessel owner functions, thus granting Pile immunity. The final decision is to modify and affirm the prior orders.

Longshore and Harbor Workers’ Compensation ActJones Act ClaimsLabor Law ClaimsDual Capacity DoctrineVessel Owner NegligenceEmployer ImmunitySummary Judgment AppealConstruction Site SafetyDefective EquipmentMaritime Worker Injury
References
20
Case No. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
0
Case No. MISSING
Regular Panel Decision

Slocum v. Joseph B.

This case concerns a filiation proceeding initiated by Nathan A.'s court-appointed Law Guardian to establish paternity and secure support from the respondent. The respondent argued that the proceeding was barred by res judicata due to a prior 1977 Family Court order dismissing a similar paternity petition brought by Nathan's mother. The central legal question revolves around whether Nathan is in privity with his mother, thus precluding his current claim. The court adopted a flexible approach to privity, considering the parties' actual relationship, mutual interests, and the adequacy of representation in the prior litigation. It was determined that, under the Family Court Act at the time of the prior proceeding, the mother adequately represented the child's interests. Consequently, the court found that privity existed, and the current petition is barred by res judicata, leading to the reversal of the lower court's order and dismissal of the petition.

Filiation ProceedingPaternityRes JudicataPrivityFamily LawChild SupportLaw GuardianFunctional RepresentationCollateral EstoppelFamily Court Act
References
15
Case No. MISSING
Regular Panel Decision

Smith v. Sipe

The dissenting opinion argues for the dismissal of a complaint alleging a breach of the duty of fair representation by a labor organization. The judge contends that merely providing incorrect advice, as alleged against the union representative, does not constitute the type of egregious conduct—arbitrary, discriminatory, or bad faith actions—that the duty of fair representation was established to prevent. While acknowledging a developing area of law where some courts have extended this duty to include negligence, the majority of jurisdictions maintain a stricter interpretation. The dissent emphasizes that the duty was created to prevent invidious treatment, not to address simple negligence. Therefore, the complaint's allegations are deemed insufficient to establish a cause of action for breach of this duty.

Duty of Fair RepresentationLabor LawUnion ConductGrievance ProcedureNegligenceArbitrary ConductBad FaithDiscriminatory ConductDissenting OpinionJudicial Interpretation
References
23
Case No. ADJ955518, ADJ4409909
Regular
Mar 06, 2018

JOSE QUIROGA vs. CABCO TRUCK & TRAILER REPAIR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CASUALTY RECIPROCAL EXCHANGE

The applicant's attorney sought reconsideration of an administrative law judge's order dividing a $50,000 attorney's fee, arguing a former attorney should receive significantly less. The Workers' Compensation Appeals Board granted reconsideration, finding the prior attorney was entitled to compensation but modifying the award. The Board reduced the prior attorney's share from $1,500 to $900, reflecting a calculation based on the actual period of representation and services rendered.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAttorney's Fee DivisionCompromise and ReleaseDeclaration of ReadinessMandatory Settlement ConferenceHearing RepresentativeReport and RecommendationPro-rata Share
References
1
Case No. ADJ9985796
Regular
Aug 13, 2019

OSCAR AYALA vs. SAN CLEMENT BODY SHOP, LLC, AMGUARD INSURANCE COMPANY, GUARD INSURANCE

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration. The Board affirmed the WCJ's denial of the lien claim, finding the claimant failed to prove injury arising out of and in the course of employment and that services were provided prior to the denial. The claimant's representative repeatedly appeared without a proper Notice of Representation filed with the Board. The Board concluded that the representative's failure to file a valid Notice of Representation, despite multiple opportunities, justified the denial of the lien claim.

Notice of RepresentationLien ClaimantPetition for ReconsiderationWCJAOE/COEFindings of Fact and OrderCompromise and ReleaseDue ProcessWCAB Rule 10774.5EAMS
References
0
Case No. ADJ9913367
Regular
Dec 17, 2015

PAULINA RODRIGUEZ ORELLANA vs. UNITED CARE SERVICES, INC. (a.k.a. VERMONT CARE CENTER), NEW HAMPSHIRE UNSURANCE COMPNAY

This case involves a defendant's petition for reconsideration of a workers' compensation award for a back injury. The defendant argued the injury was settled by a prior compromise and release (C&R) and that the claim was barred as post-termination. The Appeals Board denied reconsideration, finding the prior C&R specifically limited its scope, excluding the current injury which was not listed. The Board also noted the defendant's knowledge of the injury, negating claims of reliance on applicant's representations or post-termination bar.

Compromise and ReleasePetition for ReconsiderationFindings and OrderIndustrial InjuryNursing AssistantPost-Termination ClaimLabor Code Section 3600(a)(10)WCJ ReportCal. Code Regs.tit. 8
References
1
Case No. ADJ6831982, ADJ7075511
Regular
Dec 13, 2018

CARLOS MILLAN vs. KEY DISPOSAL, INC.; REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES MANUFACTURERS ALLIANCE, AMERICAN CLAIMS MANAGEMENT

This case concerns a lien for copying services by Med-Legal LLC in a workers' compensation matter. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision disallowing part of the lien. The WCAB found that the applicant's attorney's prior representation of the applicant on related claims did not inherently negate the necessity of subpoenaing certain records. The case is remanded for further proceedings to determine the validity of these medical-legal expenses based on the time the expenses were incurred and the attorney's broad discretion in discovery.

Workers' Compensation Appeals BoardMed-Legal liencopying servicesmedical-legal expensesapplicant's attorneysubpoenaing recordsprior claimReport and RecommendationFindings and OrderCompromise and Release
References
3
Case No. ADJ8621679
Regular
Mar 24, 2014

Jon Arends vs. URS Federal Support Services, Inc., National Union Fire Insurance Company, administered by Sedgwick Claims Management Services

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding a prior order that denied his motion to disqualify defense counsel. The Board found that the applicant's former employer's attorneys, Seyfarth Shaw, previously represented him in a related civil matter. This prior representation created a conflict of interest under professional conduct rules, as Seyfarth likely obtained confidential information material to the current workers' compensation case. Therefore, Seyfarth Shaw and its attorneys are disqualified from representing the defendant in this matter.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationMotion to DisqualifyConflict of InterestRule 3-310(E)Joint Defense AgreementAttorney-Client PrivilegeConfidential InformationSubstantial Relationship Test
References
2
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