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

Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
0
Case No. MISSING
Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. MISSING
Regular Panel Decision

Mattarelliano v. Moish Gas Stations, Inc.

In this personal injury action, the court reviewed an appeal regarding motions for summary judgment. The appellate court modified a lower court order by granting summary judgment to Chuck Realty Corp., thereby dismissing the complaint against it. However, the claims against Moish Gas Stations, Inc. were not dismissed, as the court found it to be a distinct legal entity from the employer and not an alter ego. The original order was affirmed in all other respects. This decision clarifies corporate liability and the application of Workers' Compensation Law in multi-party litigation.

Personal InjurySummary JudgmentCorporate LiabilityAlter EgoWorkers' Compensation LawAppellate ReviewPremises LiabilityThird-Party ActionCross-MotionDismissal
References
4
Case No. 2014 NY Slip Op 06183 [120 AD3d 1315]
Regular Panel Decision
Sep 17, 2014

McDonald v. Winter Bros. Transfer Station Corp.

The plaintiff, Andrew McDonald, appealed from an order of the Supreme Court, Suffolk County, which granted the defendant Winter Bros. Transfer Station Corp.'s motion for summary judgment dismissing the complaint in an action to recover damages for personal injuries. The Appellate Division, Second Department, affirmed the order, holding that the defendant established a prima facie defense under the Workers' Compensation Law. The court found that the defendant and the plaintiff's employer, Winter Bros. Waste Systems, Inc., operate as a single integrated entity, thereby extending workers' compensation protection to the defendant as an alter ego of the employer. The plaintiff failed to raise a triable issue of fact in opposition to this defense, leading to the proper dismissal of the complaint.

Alter Ego DoctrineWorkers' Compensation DefenseSummary JudgmentPersonal InjuryEmployer LiabilityIntegrated EntityAppellate DivisionSuffolk CountyTriable Issue of FactRespondent
References
8
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. ADJ9887809
Regular
Jan 29, 2019

JOSEPH CAGLIA vs. CALIFORNIA DEPARTMENT OF REHABILITATION, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding of five percent permanent partial disability. The Board adopted the Administrative Law Judge's (WCJ) report, which found the opinion of Dr. Pelton more persuasive than that of Dr. Purcell. The WCJ explained that Dr. Pelton's use of a Station and Gait Disorder rating was appropriate given the applicant's objective ligament tear and resulting subjective limitations, even if a conventional application of the AMA Guides yielded zero impairment. The WCJ's detailed report cured any potential defect under Labor Code § 5313, and the reliance on Dr. Pelton's report constituted substantial evidence.

WCABPetition for Reconsiderationsubstantial evidencemedical opinionsWCJ reportpermanent disabilityprimary treating physicianAMA GuidesAlmaraz-GuzmanStation & Gait Disorder
References
4
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. SFO 499333
Regular
May 30, 2008

CARMENCITA REDOBLE vs. CHEVRON STATIONS, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule (PDRS) to an applicant's psyche injury. The defendant argued that the older 1997 PDRS should have been used, based on a supposed requirement to issue a Labor Code section 4061 notice before January 1, 2005. However, the Board found no evidence in the record to support the defendant's claim that the notice was required or issued, thus upholding the application of the 2005 PDRS.

Petition for ReconsiderationPermanent Disability Rating Schedule (PDRS)Labor Code Section 4061Labor Code Section 4660Industrial InjuryPsyche InjuryArmed RobberyTemporary DisabilityPermanent and StationaryApportionment
References
0
Case No. CA 16-00548
Regular Panel Decision
Feb 03, 2017

WORKERS' COMPENSATION BOARD OF STAT v. OLD LAMSON STATION, INC.

The defendant appealed an order denying its motion to vacate a money judgment. The Workers’ Compensation Board, as plaintiff, had unilaterally vacated the challenged judgment prior to the Supreme Court’s denial of the defendant’s motion. Consequently, the Appellate Division dismissed the appeal as moot, determining that the defendant was no longer aggrieved by the judgment, and the case did not meet the exception to the mootness doctrine.

Mootness DoctrineVacate JudgmentWorkers' Compensation LawAppellate ReviewJurisdictionAggrieved PartyNew York State LawProcedural DismissalMoney JudgmentAppellate Division Fourth Department
References
2
Case No. MISSING
Regular Panel Decision

American Gas Stations, Inc. v. Doe

This Per Curiam decision addresses an action for a permanent injunction filed by an unnamed gas station owner against unnamed defendants who were picketing the plaintiff's places of business. The picketing arose after the plaintiff had a sign erected by non-union labor, though the plaintiff was not involved in the sign erection industry. The court determined that this dispute did not constitute a 'labor dispute' under section 876-a of the Civil Practice Act, as there was no controversy with the plaintiff or its employees concerning labor terms or conditions. Consequently, the court affirmed the denial of the plaintiff's motion for an injunction pendente lite. However, the court reversed the granting of the defendants' cross-motion to dismiss the complaint and denied that motion, allowing defendants leave to answer.

Labor LawPicketingInjunctionCivil Practice ActLabor DisputeEmployer-Employee RelationsGas StationAppellate DecisionAffirmationReversal
References
2
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