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

Case No. ADJ6839277
Regular
Dec 06, 2016

JOSE A. GUZMAN vs. CARMEL VALLEY CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant's psychiatric injury compensable. The injury, sustained within six months of employment, qualified as sudden and extraordinary under Labor Code Section 3208.3(d). This was based on applicant's credible testimony that a soil compactor recoiled and fell on him, an event he had never experienced or heard of before. The Board deferred to the Workers' Compensation Judge's credibility determination, finding no substantial evidence to reject it.

sudden and extraordinary employment conditionpsychiatric injuryLabor Code Section 3208.3compensable industrial psychiatric injurysoil compactorconstruction laborerback injuryagreed medical examinercredibility determinationpetition for reconsideration
References
2
Case No. MISSING
Regular Panel Decision
Sep 18, 2000

Kobeszko v. Lyden Realty Investors

This case involves an appeal by a defendant from a judgment in a personal injury action where the injured plaintiff, Wladyslaw Kobeszko, a porter, sued after his hand was caught in a trash compactor. The plaintiff had disabled a safety mechanism on the compactor. Although initially asserting a Labor Law § 200 claim, it was withdrawn, and the case proceeded on a premises liability theory, with the jury finding the defendant 95% at fault. The appellate court reversed the judgment, dismissing the complaint. The court found that the accident resulted solely from the improper use of the compactor and the manner in which the work was performed, not from a dangerous condition at the site. Crucially, there was no evidence the defendant exercised supervision or control over the work or had notice of the safety mechanism being disabled, thus failing to establish a claim under Labor Law § 200.

Personal InjuryPremises LiabilityLabor Law Section 200Workplace AccidentSafety EquipmentEmployer LiabilityProperty Owner DutyAppellate ReversalJury FindingsNegligence
References
6
Case No. MISSING
Regular Panel Decision
Jul 26, 2013

Humareda v. 500A East 87th Street, LLC

Plaintiff Jose Humareda sustained a right hand injury while attempting to unclog a malfunctioning trash compactor at his workplace. He initiated a lawsuit against the building owner, 500A East 87th Street, LLC, and related entities, Garson Holdings, LLC, and Garson Management Company, LLC. The court determined that these defendants, as out-of-possession owners, were not liable because the defect was not a significant structural or design flaw violating a specific safety statute, and the net lessee had ample time to address it. However, a factual dispute arose regarding the liability of S. Garson, LLC, due to counsel's admission of control over the trash compactor and ambiguity concerning management responsibilities. The defendants' argument that the plaintiff's action constituted a superseding cause was dismissed, as the long-standing practice of using sticks to clear the compactor made his conduct foreseeable, albeit raising an issue of comparative negligence.

Summary JudgmentPremises LiabilityOut-of-Possession OwnerTrash Compactor AccidentCorporate Veil PiercingLimited Liability Company LawSuperseding CauseComparative NegligenceUnforeseeable ConductManaging Agent Liability
References
8
Case No. MISSING
Regular Panel Decision
Feb 27, 1986

Brooks v. A. Gatty Service Co.

Francis Brooks, an employee of the White Plains Housing Authority, sustained injuries in 1982 while operating a refuse compactor manufactured by A. Gatty Service Co., Inc. William Timm & Associates, an engineering firm hired by the Housing Authority to inspect the compactor, was named as a defendant. Timm moved for summary judgment, arguing that as a consulting engineer, they could not be held liable to the injured worker without affirmative negligence or a specific contractual provision. The Supreme Court initially denied their motion, but the appellate court modified this decision. Finding no evidence of affirmative negligence, the appellate court granted summary judgment in favor of William Timm & Associates, affirming the order as modified.

Personal InjuryNegligenceBreach of WarrantyStrict Products LiabilitySummary JudgmentConsulting Engineer LiabilityProduct LiabilityRefuse Compactor InjuryAppellate ReviewThird-Party Defendant
References
6
Case No. 2025 NYSlipOp 01728 [236 AD3d 560]
Regular Panel Decision
Mar 20, 2025

WDF, Inc. v. City of New York

WDF, Inc. appealed a judgment from the Supreme Court, New York County, concerning a dispute with the City of New York regarding construction contracts. The Supreme Court had limited WDF's recovery, dismissing claims for soil excavation and disposal and grout removal work, while also denying prejudgment interest on a settled substantial completion payment claim. The Appellate Division affirmed the denial of prejudgment interest, citing a clear settlement agreement. However, the Appellate Division modified the judgment by reinstating WDF's claims for soil excavation and disposal and for grout removal work, finding that the contract's time and material reporting provisions did not apply to these unit-price and deleted-work claims, respectively. The matter was remanded to the Supreme Court for further proceedings.

Contract DisputeConstruction LawUnit Price ContractExtra Work ClaimsGrout RemovalSoil ExcavationPrejudgment InterestDirected VerdictAppellate ReviewContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Hess v. Mack Trucks, Inc.

Plaintiffs Raymond Hess and Dennis Heuer sought damages for personal injuries from defendants Mack Trucks, Inc. and Mineóla Mack Distributors, Inc., the manufacturer and distributor of a sanitation truck chassis. The defendants appealed an order from the Supreme Court, Nassau County, denying their motions for summary judgment. The plaintiffs were injured when the truck, fitted with a 'Packmaster' garbage compactor, overturned. They alleged negligence and strict products liability, claiming the chassis was inadequate for the compactor's weight and that there was a failure to warn about overloading or using it with a single-axle chassis. The appellate court affirmed the denial of summary judgment, holding that the dangers of overloading were not self-evident and that material issues of fact remained regarding the defendants' knowledge of the chassis's intended use and the foreseeability of the loading practices.

Personal InjuryProduct LiabilityNegligenceSummary JudgmentAppellate ReviewDuty to WarnDefective ProductSanitation TruckChassisOverloading
References
3
Case No. ADJ7515055
Regular
Oct 15, 2013

DAMIAN AVILA vs. RSA SOIL PRODUCTS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because it was not filed timely. However, the Board noted that a lien claimant can file a petition at the trial level to set aside a stipulation on the grounds of fraud. The defendant's request for sanctions and attorney's fees was denied.

Petition for ReconsiderationDismissedTimely FiledLien ClaimantSet Aside StipulationFraudSanctionsAttorney's FeesWorkers' Compensation Appeals BoardAdministrative Law Judge
References
0
Case No. ADJ7857198
Regular
Jan 28, 2019

RANULFO CRUZ, (Deceased) vs. HALL MANAGEMENT CORPORATION, EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, and COMPANION PROPERTY AND CASUALTY INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to the estate of Ranulfo Cruz, a deceased farm laborer. The applicant's death was attributed to Coccidiomycosis (Valley Fever) and meningitis, contracted through exposure during his employment. The WCAB adopted the findings of the administrative law judge, who relied heavily on the medical opinion of Dr. Noriega, the panel QME. Dr. Noriega opined that the decedent's occupational duties, involving soil disruption in an endemic region, presented a statistically greater risk of exposure than non-work activities, establishing industrial causation.

Workers' Compensation Appeals BoardRanulfo CruzHall Management CorporationEverest National InsuranceCompanion Property and Casualty InsuranceADJ7857198Petition for ReconsiderationDeniedWCJ reportsubstantial evidence
References
1
Case No. ADJ3144692 (FRE 0190318)
Regular
Apr 13, 2012

KATHRYN FARPELLA vs. R & L BROSAMER, INC.

This case concerns a claim for increased benefits due to an employer's alleged serious and willful misconduct following a fatal industrial injury. The applicant, widow of the deceased worker, argued the defendant employer failed to adequately support a retaining wall, leading to its collapse and her husband's injury. The Appeals Board denied reconsideration, upholding the judge's finding that the employer did not engage in serious and willful misconduct. While the employer was aware of soil challenges and in negotiations for solutions, there was no evidence they knew the probable consequence would be serious injury or deliberately failed to act. The employer was actively attempting corrective actions when the incident occurred.

Workers' Compensation Appeals BoardSerious and Willful MisconductPetition for ReconsiderationFindings and OrderIndustrial InjuryRetaining WallCollapsing WallRunning SandsSoil ConditionEngineering Challenges
References
4
Case No. ADJ6805367
Regular
Feb 07, 2011

DANIEL JACOBS vs. WESTERN MUNICIPAL WATER DISTRICT, ACWA JOINT POWERS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that Daniel Jacobs sustained an industrial injury from Disseminated Coccidiomycosis. The Board found substantial evidence supported the original award, based on applicant's credible testimony regarding ongoing excavation and his extensive outdoor work at the 13-acre plant. The Board relied on the expert opinion of Dr. Sweeney, who stated with "very high medical probability" that the applicant's illness was work-related due to prolonged exposure to airborne fungus from disturbed soil. This employment exposed the applicant to a greater risk than the general public, thus meeting the legal standard for industrial causation.

Valley FeverCoccidiomycosisIndustrial InjuryCumulative TraumaExposureMedical ProbabilitySubstantial EvidenceWork SiteExcavationWastewater Reclamation Facility
References
7
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