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

Case No. ADJ8334555
Regular
Apr 05, 2013

JOSE HERNANDEZ vs. BRYAN MIMAKI dba PACIFIC RIMS, PALMS; ZENITH INSURANCE COMPANY

This case concerns whether a knee injury sustained by an employee, Jose Hernandez, while playing basketball on company premises during lunch is compensable. The defendant argued the injury did not arise out of employment, as it stemmed from voluntary participation in an athletic activity not required by the employer. The Appeals Board denied reconsideration, affirming the finding that the injury was industrial. The majority found the employee's subjective belief of employer expectation was objectively reasonable, given the employer provided a court and balls and supervisors encouraged participation. Commissioner Lowe dissented, arguing the applicant failed to demonstrate an objectively reasonable belief of employer expectation, as he could opt out and faced no repercussions.

Workers' Compensation Appeals BoardIndustrial InjuryRight KneeField WorkerBasketball GameOff-Duty Recreational ActivityLabor Code Section 3600(a)(9)Reasonable Expectancy of EmploymentSubjective BeliefObjective Reasonableness
References
3
Case No. MISSING
Regular Panel Decision
Nov 01, 2000

Claim of Kobre v. Avraham

A 15-year-old junior lifeguard, Kobre, suffered a severe spinal injury in a diving accident in 1991 while employed by Camp Mogen Avraham. A Workers’ Compensation Law Judge (WCLJ) and subsequently the Workers’ Compensation Board found Kobre illegally employed and awarded double compensation under Workers’ Compensation Law § 14-a. The employer appealed, arguing the award was barred by the two-year statute of limitations, laches, and estoppel, and that reliance on foreign working papers should constitute a defense. The Appellate Division affirmed the Board's decision, ruling that the claim for double compensation was not subject to a separate statute of limitations, that laches and estoppel were inapplicable, and that an employer's subjective belief or reliance on foreign papers is not a defense to illegal employment liability under New York law.

Illegal EmploymentMinor EmployeeDouble CompensationWorkers' Compensation Law § 14-aStatute of LimitationsLaches DoctrineEstoppel DefenseSpinal InjuryChild Labor LawsEmployer Liability
References
13
Case No. MISSING
Regular Panel Decision

Brooks v. City of Utica

Plaintiff John Brooks, a Nazirite firefighter-paramedic for the City of Utica, sued the City for religious discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. He alleged that the City failed to accommodate his religious belief of not cutting his hair, subjected him to threats of discipline, daily inspections, forced him to wear an unsafe hairnet, ridiculed his beliefs, and refused to investigate his complaints. The court granted in part and denied in part Defendant's motion for judgment on the pleadings. It dismissed the disparate treatment and failure-to-accommodate claims, finding that threats and monitoring did not constitute adverse employment actions in the discrimination context, and that failure to investigate did not qualify as an adverse employment action. However, the court denied dismissal of the retaliation claim, determining that an order to cut his hair after requesting accommodation could dissuade a reasonable worker from engaging in protected activity. The hostile work environment claim also survived, considering the potential safety hazard of the hairnet, along with the ongoing harassment and ridicule.

Religious DiscriminationRetaliationHostile Work EnvironmentTitle VII Civil Rights ActNew York State Human Rights LawReasonable AccommodationNazirite PracticeGrooming StandardsAdverse Employment ActionMotion for Judgment on Pleadings
References
70
Case No. MISSING
Regular Panel Decision

Kwitek v. United States Postal Service

Edward Kwitek, a driver for Midwest Transport, Inc., sued the United States Postal Service (USPS) under the Federal Tort Claims Act (FTCA) for injuries sustained while loading mail at a post office, alleging negligence by USPS employees. The government moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that Kwitek was an independent contractor and his injury resulted from a discretionary function, thereby making the FTCA's waiver of sovereign immunity inapplicable. The court denied the government's motion. It ruled that the independent contractor exception did not apply because the alleged negligence was on the part of USPS employees failing to perform their regular duties. Furthermore, the discretionary function exception was also inapplicable, as the alleged conduct was not policy-driven but rather a failure to follow established protocol. The case was then referred for a settlement conference.

Federal Tort Claims ActSovereign ImmunitySubject Matter JurisdictionIndependent Contractor ExceptionDiscretionary Function ExceptionNegligenceUnited States Postal ServicePersonal InjuryLoading Dock InjuryMotion to Dismiss
References
27
Case No. MISSING
Regular Panel Decision

Tripodi v. Local Union No. 38, Sheet Metal Workers' International Ass'n

Plaintiff Anthony Tripodi initiated a lawsuit against Local Union No. 38 and its counsel, Dubin, for malicious prosecution, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. The case, initially filed in Connecticut, was transferred to the Southern District of New York. The central jurisdictional challenge arose from the Union's status as an unincorporated association with members in both Connecticut and New York, thereby destroying complete diversity of citizenship. The court, applying New York's choice of law rules, determined that New York law governed the substantive claims, which rendered the Union an indispensable party. Consequently, due to the lack of complete diversity and the indispensability of the Union, the court dismissed the case for lack of subject matter jurisdiction, advising the plaintiff to seek redress in state courts where both defendants could be pursued in a single action.

Malicious ProsecutionIntentional Infliction of Emotional DistressConnecticut Unfair Trade Practices ActSubject Matter JurisdictionDiversity JurisdictionIndispensable PartyChoice of LawNew York LawConnecticut LawFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

Hightower v. United States

Willie Hightower, a federal employee, sued the United States and three individual federal officers for alleged injuries from a 1999 arrest at a VA hospital campus. Hightower sought money damages under state tort laws via the Federal Tort Claims Act (FTCA) and constitutional claims under Bivens, despite having already received benefits under the Federal Employee's Compensation Act (FECA) for the same incident, which he certified as work-related. The court dismissed the complaint for lack of subject matter jurisdiction. It ruled that FECA provides the exclusive remedy for federal employees' work-related injuries, thereby precluding FTCA claims against the United States. Furthermore, Bivens claims against the United States are barred by sovereign immunity, and against individual federal employees, they are precluded by the comprehensive remedial schemes of FECA and the Civil Service Reform Act (CSRA).

Federal Employee Compensation ActFederal Tort Claims ActBivens ActionSovereign ImmunitySubject Matter JurisdictionExcessive ForceFalse ArrestMalicious ProsecutionSlanderLibel
References
31
Case No. MISSING
Regular Panel Decision

In re Hostess Brands, Inc.

This modified bench ruling addresses a motion by the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (Bakers' Union) to dismiss a debtor's Section 1113/1114 motion due to a lack of subject matter jurisdiction. The central dispute revolves around whether Section 1113 of the Bankruptcy Code, which governs the rejection of collective bargaining agreements, applies to agreements that have technically expired but whose key terms remain in effect under the National Labor Relations Act (NLRA) until good faith bargaining to impasse. The Bakers' Union argued that expired agreements are not considered 'agreements' under Section 1113, a position the court largely concurred with, emphasizing the plain language of the statute and the distinction between Section 1113(e) and other subsections. Despite the debtor's arguments concerning the policy implications and potential interference with reorganization efforts, the court found insufficient evidence to extend the statute's language beyond its literal meaning. Consequently, the court granted the Bakers' Union's motion, concluding that Section 1113 does not apply to already expired collective bargaining agreements.

Collective Bargaining AgreementBankruptcy Code Section 1113Subject Matter JurisdictionNational Labor Relations Act (NLRA)Expired AgreementsDebtor in PossessionUnion Motion to DismissInterim ChangesGood Faith BargainingStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
Case No. ADJ7850439
Regular
Oct 15, 2012

Edgar Tabo vs. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT

The applicant, a police officer, injured himself in an off-duty bicycle crash. The Board denied compensation because the applicant failed to establish that his subjective belief of needing to train for an optional bicycle patrol course was objectively reasonable. His off-duty recreational activity did not meet the requirements for an exception to the exclusion for such injuries under Labor Code section 3600(a)(9). Therefore, the applicant takes nothing by way of his claim.

Workers' Compensation Appeals BoardEdgar TaboCity and County of San Francisco Police DepartmentPermissibly Self-InsuredADJ7850439Oakland District OfficeOpinion and Order Granting ReconsiderationFindings and AwardWCJindustrial injury
References
12
Case No. ADJ4225434 (LAO0864755)
Regular
Dec 10, 2008

CHING YEN vs. C & C INTERNATIONAL GROUP, STATE COMPENSATION INSURANCE FUND

This case involves an applicant injured in a car accident while traveling to a wedding with her employer. The applicant claimed her participation in the trip was a reasonable expectancy of her employment as an account assistant, which involved driving and travel. The Board denied reconsideration of the workers' compensation judge's finding that the injury was industrial, determining the applicant's subjective belief of being required to attend the trip was objectively reasonable given her job duties and her employer's direction.

Workers' Compensation Appeals BoardIndustrial InjuryReasonable ExpectancyOff-duty recreational activitySubjective beliefObjectively reasonableMotor vehicle accidentAccount assistantCommercial travelSpecial mission
References
3
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