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

Case No. ADJ2834079 (SDO 0293027) ADJ2839895 (SDO 0358837)
Regular
Jun 25, 2009

THUAN CRIM-ROLFE vs. LA COSTA RESORT AND SPA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, BROADSPIRE, SAFETY NATIONAL CASUALTY INSURANCE COMPANY

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously ordered Safety National Casualty Insurance Company (SNCC) to reimburse the California Insurance Guarantee Association (CIGA) a specific amount for bill review charges. CIGA requested clarification, noting the amount ordered was incorrect. The WCAB affirmed its earlier decision that CIGA is entitled to reimbursement for bill review costs but amended the order nunc pro tunc. The corrected order now states SNCC must reimburse CIGA for bill review charges, with the exact amount to be determined by the parties or the arbitrator.

California Insurance Guarantee AssociationLegion Insurance CompanySafety National Casualty Insurance Companynunc pro tuncclerical errorbill review chargesliquidationcovered claimsreimbursementpetition for reconsideration
References
6
Case No. 17 Misc 3d 1118(A), 2007 NY Slip Op 52054(U)
Regular Panel Decision

Conrad v. 105 Street Associates

The appeals court reversed a lower court order which denied site owner 105 Street's motion for conditional summary judgment on its contractual indemnification claim against subcontractor JEM. The case originated from a personal injury action sustained by a worker at a construction site. The court found that JEM had a contractual obligation to indemnify 105 Street for claims arising from its negligence and was solely responsible for safety precautions. Despite issues of fact regarding the removal of a barrier, the court determined that JEM's failure to implement adequate safety measures, coupled with a clear causal connection to the injury and no evidence of 105 Street's negligence, warranted granting conditional summary judgment. Additionally, an appeal from an order denying reargument was dismissed as nonappealable.

Personal InjuryConstruction Site AccidentContractual IndemnificationSummary JudgmentSubcontractor LiabilitySite Owner ResponsibilityNegligenceSafety PrecautionsUnguarded OpeningDebris
References
3
Case No. ADJ2414146 (ANA 0407600)
Regular
Oct 20, 2008

JOSEPH MORENO vs. COUNTY OF LOS ANGELES/PUBLIC SAFETY

This case involves a Petition for Reconsideration filed by the Defendant, County of Los Angeles/Public Safety, regarding an order for temporary disability benefits. The Board dismissed the petition, finding no order was issued under the case number cited by the Defendant, and also noting the underlying order merely approved a stipulation voluntarily entered into by the Defendant. Even if the petition had been properly filed, reconsideration would have been denied as there was no basis to set aside the Defendant's stipulation.

WCABPetition for ReconsiderationStipulationTemporary DisabilityDate of InjuryJurisdictionExpedited Hearing OrderSelf-InsuredWorkers' Compensation JudgeCase Number
References
0
Case No. ADJ3445477 (RDG 0108598)
Regular
Apr 21, 2011

DENNIS NEWELL (Deceased) DEBORAH NEWELL (Widow) vs. FORD CONSTRUCTION COMPANY, MAJESTIC INSURANCE COMPANY

This case concerns a widow's claim for death benefits due to an alleged Serious and Willful Misconduct by the employer, Ford Construction Company. The Appeals Board previously rescinded a decision finding such misconduct. The applicant now seeks reconsideration, arguing the Board's prior decision was inconsistent with an appellate court ruling concerning specific OSHA Safety Orders. The Board granted reconsideration, concluding that the applicant waived the issue of Safety Order 4999(b)(1) and that, despite the appellate court's mention of Safety Order 5042(a)(6) without a specific finding, the overall appellate decision negated the Serious and Willful claim. Therefore, the Board affirmed its prior decision and amended a finding to explicitly state no violation of Safety Order 5042 occurred.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code 4553Labor Code 4553.1Safety Order 5002Safety Order 4999(b)(1)Safety Order 5042(a)(6)RemittiturFindings and AwardRes Judicata
References
3
Case No. MISSING
Regular Panel Decision
Mar 19, 1997

Boss v. Integral Construction Corp.

The Supreme Court modified a prior order, granting partial summary judgment to the plaintiff on a Labor Law § 240 (1) claim against Integral Construction Corporation. The plaintiff was injured while installing windows without safety devices, attributing the fall to an elevation differential, which falls under the purview of Labor Law § 240 (1). The court found Integral liable for failing to provide necessary safety equipment. Regarding the Labor Law § 241 (6) claim, the court determined that only Industrial Code regulation 12 NYCRR 23-1.7 (e) (2), pertaining to debris, was applicable, as the plaintiff tripped on sheetrock. However, issues of fact concerning Integral's responsibility for the sheetrock placement and control over workplace safety prevented summary judgment on negligence and indemnification claims.

Labor Lawsummary judgmentliabilitysafety deviceselevation differentialIndustrial Codenegligenceindemnificationconstruction accidentwindow installation
References
15
Case No. ADJ19072601
Regular
May 12, 2025

THERESA DORAN vs. LAM RESEARCH CORPORATION, SAFETY NATIONAL CASUALTY CORPORATION

Defendant Safety National Casualty Corporation sought removal of a Workers' Compensation Administrative Law Judge's order limiting a subpoena duces tecum for medical records to only the applicant's upper extremities. Defendant argued this limitation infringed upon their right to broad discovery of medical records. The Workers' Compensation Appeals Board reviewed the petition, applicant's answer, and the WCJ's recommendation, ultimately finding that the WCJ failed to provide a clear basis or evidence for the limitations imposed. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's limiting order, and returned the matter to the district office for further proceedings consistent with their opinion.

Petition for RemovalSubpoena Duces TecumOrder Limiting DiscoveryUpper ExtremitiesDue ProcessFair HearingAdmitted EvidenceCompleteness of RecordGood CauseRescinded Order
References
7
Case No. MISSING
Regular Panel Decision
May 16, 2001

Crespo v. Triad, Inc.

Plaintiff, a painter employed by Bond, was injured while working on the fifth floor of the Owners' premises, which was subleased to Poppe Tyson by Bozell, during renovations managed by Triad. The injury occurred when the plaintiff fell from a scaffold that lacked safety railings, leading to a complaint alleging violations of Labor Law §§ 200, 240 (1), and 241 (6) against various parties including the Owners, Bozell, Poppe Tyson, and Triad. The Supreme Court's order involved multiple rulings, including dismissals, grants of partial summary judgment on liability, and denials of indemnification claims. The appellate court subsequently modified the order, denying plaintiff's partial summary judgment on Labor Law § 241 (6) liability, reinstating claims against Triad, granting summary judgment to Bond on common-law indemnification, and addressing breach of contract claims related to insurance procurement.

Labor Law § 240(1)Labor Law § 241(6)Labor Law § 200Scaffold SafetyConstruction AccidentPersonal InjurySummary JudgmentIndemnificationBreach of ContractProcure Insurance
References
14
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ2024655 (SAC 0331505)
Regular
Apr 24, 2009

MAURICE WEBSTER vs. JOHN L. SULLIVAN CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

This order denies Maurice Webster's petition for reconsideration in his workers' compensation case against John L. Sullivan Chevrolet and Safety National Casualty Corporation. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Finding no basis for reconsideration, the WCAB adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationMaurice WebsterJohn L. Sullivan ChevroletSafety National Casualty CorporationADJ204655SAC 0331505Gregory G. Aghazarian
References
0
Case No. MISSING
Regular Panel Decision
Oct 09, 1996

Lightfoot v. State

The claimants appealed an order denying their motion for partial summary judgment on liability under Labor Law § 240 (1). The injured claimant, employed by a company contracted by the State of New York to paint bridges, suffered injuries after falling from a truck platform when its safety guardrail collapsed. The court found that the collapse of the safety device constituted a prima facie violation of Labor Law § 240 (1) and was a proximate cause of the injuries, entitling claimants to judgment on liability. The State's argument that the claimant was adjusting the guardrail prior to collapse did not create a triable issue of fact, as the device itself was inadequate. Furthermore, the recalcitrant worker defense was not applicable due to lack of evidence that the claimant refused to use provided safety devices. The order was reversed, the claimants' motion was granted, and the matter was remitted for further proceedings.

personal injuryconstruction accidentscaffold lawsafety deviceproximate causesummary judgmentappellate reviewrecalcitrant worker defenselabor law violationguardrail collapse
References
11
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