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Case Law Database

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

Case No. ADJ4331338 (SRO 0140579)

Regular

Oct 01, 2008

TAMI WARE vs. SMILE CARE DENTAL GROUP, AMERICAN HOME ASSURANCE Administered By AIG CLAIM SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed against an interlocutory procedural order, not a final decision. The Board also denied the applicant's request for removal, finding no showing of substantial prejudice or irreparable harm. The applicant's contentions regarding trial readiness and discovery closure were deemed unfounded based on the medical evaluations and procedural history.

WCABPetition for ReconsiderationRemovalInterlocutory OrderFinal OrderSubstantive RightsLiabilityPre-trial OrdersMedical EvaluationLabor Code Section 5310

References

Case No. ADJ3739571 (VNO 0387620)

Regular

Oct 11, 2010

MARY ANN HEALY vs. ZAKS, HEALY & OWENSBY; KEMPER INSURANCE, Adjusted By BROADSPIRE

The applicant sought reconsideration of an order that continued her case to a Mandatory Settlement Conference and further trial, arguing procedural errors by the Workers' Compensation Judge (WCJ). The Board dismissed the petition for reconsideration, finding the order was procedural and not a final determination. Removal was also denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Board affirmed the WCJ's authority to develop the record and acknowledged the case's protracted history.

WCABPetition for ReconsiderationDenial of RemovalInterlocutory OrderSubstantive LiabilityMandatory Settlement ConferencePre-Trial Conference StatementRescinding OrderWCJ ReportFurther Record Development

References

Case No. MISSING

Regular Panel Decision

Santos v. American Museum of Natural History

Guaquin Garcia died after a scaffold fall during renovations at a building leased by the American Museum of Natural History. His estate sued the Museum and the general contractor for wrongful death. The Museum moved for summary judgment, arguing it lacked Labor Law liability as it didn't own, contract for, or supervise the work. The Supreme Court denied this motion, but on appeal, the order was reversed. The appellate court found the Museum, as a lessee, was not liable under Labor Law § 240, having neither contracted for nor supervised the renovation work, and thus lacked authority over safety measures.

Wrongful DeathScaffold AccidentLabor Law Section 240Summary Judgment AppealPremises LiabilityLessee LiabilityRenovation ProjectWorksite SafetyAppellate CourtBuilding Owner Responsibility

References

Case No. MISSING

Regular Panel Decision

Council of City v. Department of Homeless Services

The New York City Department of Homeless Services (DHS) implemented a new Eligibility Procedure for Temporary Housing Assistance (THA) applicants. The Council of the City of New York (City Council) filed a declaratory judgment action, asserting DHS failed to comply with the notice and hearing requirements of the New York City Administrative Procedure Act (CAPA). The court affirmed lower court rulings, determining that DHS's procedure constitutes a 'rule' under CAPA, requiring public notice and hearings. The court rejected DHS's arguments that the procedure involved sufficient discretion or fell under an exemption, emphasizing the mandatory nature of the procedure and its substantial impact on eligibility determinations. Consequently, the Eligibility Procedure is unenforceable until DHS adheres to CAPA's procedural mandates.

Administrative LawRulemakingDeclaratory JudgmentHomeless ServicesTemporary Housing AssistanceNew York City CharterCAPASAPAAgency DiscretionProcedural Requirements

References

Case No. MISSING

Regular Panel Decision

Claim of Spyhalsky v. Cross Construction

This case of first impression examines whether Workers' Compensation Law § 13 (a) mandates a workers’ compensation carrier to cover sperm extraction and intrauterine insemination for an injured worker who cannot procreate due to a causally related injury. The claimant sustained a work-related back injury in 1995, leading to surgery and consequential retrograde ejaculation. When conservative treatments failed, his urologists recommended artificial insemination to achieve pregnancy. The Workers’ Compensation Board authorized these procedures, ruling that the inability to naturally father a child constituted a compensable injury requiring treatment. The court affirmed this decision, emphasizing a liberal interpretation of the Workers' Compensation Law to meet its humanitarian objectives and asserting that coverage for restoring lost bodily functions extends to procreative capabilities.

Workers' Compensation LawMedical Treatment CoverageRetrograde EjaculationIntrauterine InseminationProcreation RightsCompensable InjuryBodily Function LossStatutory InterpretationSperm ExtractionMedical Necessity

References

Case No. MISSING

Regular Panel Decision

Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes

References

Case No. ADJ1003498

Regular

Dec 14, 2010

NURIA MONTEPEQUE vs. HOLLYWOOD RENAISSANCE HOTEL, MARRIOTT HOT SPRINGS

The Appeals Board dismissed the defendant's Petition for Disqualification as it failed to meet statutory requirements. However, the Board granted the defendant's Petition for Removal, rescinding the WCJ's order taking the case off calendar. This decision was based on the defendant's DOR being adequate in context and the lengthy procedural history without a clear interest in settlement from either party. The case is returned to the trial level for a trial setting.

Petition for RemovalPetition for DisqualificationWCJDeclaration of Readiness to ProceedDORMandatory Settlement ConferenceMSCPretrial Conference StatementPermanent and Stationary reportRebuttal report

References

Case No. ADJ7765510

Regular

Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a sanction order against Gallagher Bassett Services, Inc. The sanction was imposed for misidentifying the insurance carrier in settlement documents and failing to respond to court orders. Defense counsel also improperly identified the petitioner, leading the Board to remind counsel of proper party identification rules. The denial was based on the WCJ's report, which detailed the procedural history and reasons for the sanction.

Petition for ReconsiderationSanction OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeGallagher Bassett ServicesInc.Ace American Insurance CompanyWCAB Rule 10550Proper Identification of PartiesStipulations with Request for Award

References

Case No. ADJ944426(VNO 0538295); ADJ7895528

Regular

Jul 03, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

Applicant's attorney sent a letter to the judge expressing concern about receiving a "fair shake" in discovery proceedings, which the judge construed as a Petition for Disqualification. However, the applicant's attorney subsequently clarified they did not intend to file such a petition. The Appeals Board dismissed the letter, deeming it insufficient to establish grounds for disqualification. The judge's report detailed the procedural history and found no bias, noting the letter lacked specific facts to support disqualification.

Petition for DisqualificationLabor Code section 5311WCJStatus ConferenceDiscovery proceedingsPetition for RemovalDeclaration of Readiness to ProceedPriority ConferenceAOE/COEMotion to Quash Deposition

References

Case No. ADJ2329061

Regular

Jun 24, 2014

Irene Cota vs. C.R. Courier Services, Gallagher Bassett Services, Inc.

Gallagher Bassett's untimely and unverified petition for removal was dismissed. The Appeals Board granted removal on its own motion to address a lack of clarity regarding Gallagher's party status and the case's disposition. Due to missing or incomplete electronic and paper files, the Board could not determine Gallagher's involvement or the case's procedural history. The Order continuing the case for sanctions was rescinded, and the matter was returned to the trial level to identify the correct employer/administrator before proceeding.

Petition for RemovalDismissalRemoval on Board MotionDecision After RemovalUntimely PetitionUnverified PetitionOrder dated April 252014Mandatory Settlement ConferenceWCJ

References

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Updated Daily

Case Law Database

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

Case No. ADJ4331338 (SRO 0140579)

Regular

Oct 01, 2008

TAMI WARE vs. SMILE CARE DENTAL GROUP, AMERICAN HOME ASSURANCE Administered By AIG CLAIM SERVICES

WCABPetition for ReconsiderationRemovalInterlocutory OrderFinal OrderSubstantive RightsLiabilityPre-trial OrdersMedical EvaluationLabor Code Section 5310

References

Case No. ADJ3739571 (VNO 0387620)

Regular

Oct 11, 2010

MARY ANN HEALY vs. ZAKS, HEALY & OWENSBY; KEMPER INSURANCE, Adjusted By BROADSPIRE

References

Case No. MISSING

Regular Panel Decision

Santos v. American Museum of Natural History

Wrongful DeathScaffold AccidentLabor Law Section 240Summary Judgment AppealPremises LiabilityLessee LiabilityRenovation ProjectWorksite SafetyAppellate CourtBuilding Owner Responsibility

References

Case No. MISSING

Regular Panel Decision

Council of City v. Department of Homeless Services

Administrative LawRulemakingDeclaratory JudgmentHomeless ServicesTemporary Housing AssistanceNew York City CharterCAPASAPAAgency DiscretionProcedural Requirements

References

Case No. MISSING

Regular Panel Decision

Claim of Spyhalsky v. Cross Construction

References

Case No. MISSING

Regular Panel Decision

Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

References

Case No. ADJ1003498

Regular

Dec 14, 2010

NURIA MONTEPEQUE vs. HOLLYWOOD RENAISSANCE HOTEL, MARRIOTT HOT SPRINGS

Petition for RemovalPetition for DisqualificationWCJDeclaration of Readiness to ProceedDORMandatory Settlement ConferenceMSCPretrial Conference StatementPermanent and Stationary reportRebuttal report

References

Case No. ADJ7765510

Regular

Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

References

Case No. ADJ944426(VNO 0538295); ADJ7895528

Regular

Jul 03, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

References

Case No. ADJ2329061

Regular

Jun 24, 2014

Irene Cota vs. C.R. Courier Services, Gallagher Bassett Services, Inc.

Petition for RemovalDismissalRemoval on Board MotionDecision After RemovalUntimely PetitionUnverified PetitionOrder dated April 252014Mandatory Settlement ConferenceWCJ

References

Showing 1-10 of 3,029 results

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