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

Case No. ADJ1883473
Regular
Dec 14, 2018

JOSE MANUEL SALDIVAR vs. REUEL SARABIA CIPRIANO, dba GENESIS GENERAL BUILDING CONTRACTOR, INC., ALEXANDER LEIGH, DAVID LEIGH, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior findings and substituted new ones, determining Alexander Leigh was the employer of Jose Manuel Saldivar. The Board found that the unlicensed and uninsured contractor, Reuel Sarabia Cipriano, was acting as an employee of the property owner, Alexander Leigh, as a matter of law, due to Cipriano's failure to maintain a valid contractor's license and workers' compensation insurance. The WCAB specifically rejected the argument that Cipriano's alleged misrepresentations to the property owner estopped the injured worker or the Uninsured Employers Benefits Trust Fund (UEBTF) from establishing Leigh as the employer. Therefore, the WCAB ordered that Leigh, as the ultimate hirer, was legally responsible for Saldivar's industrial injury.

Uninsured Employers Benefits Trust Fundillegally uninsuredunlicensed contractorultimate hireremployee statusindependent contractorestoppeldue processcross-examinationDeclaration of David Leigh
References
15
Case No. MISSING
Regular Panel Decision
Nov 13, 2000

Rosenberg v. Ben Krupinski General Contractors, Inc.

Robert Rosenberg, an employee of an alarm company, was allegedly injured after tripping over cardboard at a construction site. He and his wife sued Ben Krupinski General Contractors, Inc. (the general contractor) and Dave Mims Fifth Generation Painting Contractors (a subcontractor) under Labor Law §§ 200 and 241 (6). The Supreme Court granted summary judgment to Mims but denied Krupinski's motion for similar relief. On appeal, the order was modified; Krupinski's motion for summary judgment dismissing the Labor Law § 200 claim was granted, as Krupinski established it had no authority to control the activity causing the injury. However, the motion for summary judgment on the Labor Law § 241 (6) claim was properly denied due to triable issues of fact regarding whether the accident occurred in a passageway or work area and whether specific regulations (12 NYCRR 23-1.7 (e) (1) or (2)) were violated, and whether Krupinski was still the general contractor at the time of the accident.

Personal InjuryConstruction AccidentGeneral Contractor LiabilitySummary JudgmentSafe Place to WorkAppellate DivisionTriable Issue of FactLabor Law CompliancePremises LiabilitySubcontractor
References
3
Case No. MISSING
Regular Panel Decision

Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Ass'n v. Local Union 38 of the Sheet Metal Workers International Ass'n

The plaintiffs, a coalition of sheet metal contractor associations, filed a lawsuit against Local Union 38 and a related employer association, alleging violations of federal and state antitrust and labor laws. The core of the dispute was a collective bargaining agreement provision mandating that all sheet metal fabrication be performed within Local 38's geographical jurisdiction, which plaintiffs argued constituted an illegal trade barrier. Defendants countered that the provision was a lawful work preservation clause, protected under labor law exemptions. The court ultimately ruled that the challenged clause was neither a valid work preservation measure nor exempt from antitrust scrutiny. Consequently, the court granted the plaintiffs' motion for a declaratory judgment, declaring the provision void and unenforceable due to its violation of both the National Labor Relations Act and the Sherman Antitrust Act.

AntitrustLabor LawCollective Bargaining AgreementWork Preservation ClauseSherman ActNLRADeclaratory JudgmentTrade BarrierGeographic JurisdictionSecondary Boycott
References
31
Case No. 2017 NY Slip Op 07023 [154 AD3d 1037]
Regular Panel Decision
Oct 05, 2017

Matter of Passero v. Uninsured Employers' Fund

The claimant, Edmund Passero, a bricklayer, filed a workers' compensation claim in 2011 for an occupational disease resulting from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim against DeSpirit Mosaic & Marble Co. and later apportioned liability among three employers, including J. William Pustelak Inc., found to be uninsured. The Uninsured Employers' Fund (UEF) sought administrative review, but the Workers' Compensation Board denied the appeal as untimely. The Appellate Division, Third Department, reversed the Board's finding on the timeliness of UEF's application, holding that UEF would not have incurred an obligation until the WCLJ's December 2014 decision which apportioned liability. The case was remitted to the Workers' Compensation Board to consider the merits of UEF's appeal.

Workers' CompensationOccupational DiseaseUntimely AppealAdministrative ReviewLiability ApportionmentUninsured EmployerDate of DisablementThird DepartmentAppellate DivisionClaimant Benefits
References
5
Case No. MISSING
Regular Panel Decision

Claim of Jones v. Uninsured Employers' Fund

A claimant sustained injuries while working for Rhonda Hartley Construction (RHC), a subcontractor hired for tree limb removal from Erie County recreational areas following storm damage. Initially, RHC, along with other contractors American Site Developers LLC and Ray Debris Removal, were found uninsured, leading to the Uninsured Employers’ Fund being liable for benefits. The Fund appealed, arguing that Erie County should be held liable under Workers’ Compensation Law § 56 as an owner of timber. Both the Workers’ Compensation Board and the appellate court affirmed that Erie County was not liable. The decision was based on the absence of a direct contractual relationship between Erie County and the claimant's employer, RHC, a prerequisite for imposing liability under the statute.

Workers' Compensation Law § 56Timber Owner LiabilityContractual RelationshipSubcontractor LiabilityUninsured Employers' FundTree Trimming InjuryStorm DamageErie CountyAppellate ReviewWorkers' Compensation Board
References
3
Case No. ADJ7232719
Regular
Mar 03, 2014

FERMIN ELIAS vs. CLARK EDWIN CLIFFORD COOPER dba BRIDGECOURT CONSTRUCTION, GEORGE COOPER, JEFFREY BOXER, ALLSTATE INSURANCE, THE DIRECTOR OF INDUSTRIAL RELATIONS as administrator of the UNINSURED EMPLOYERS BENETIS TRUST FUND, SEDGWICK

The Workers' Compensation Appeals Board denied Allstate Insurance's petition for reconsideration and dismissed the Uninsured Employers Benefits Trust Fund's petition. The Board adopted the WCJ's reasoning, which found the applicant to be an employee of Jeffrey Boxer, not an independent contractor. This conclusion was based on Labor Code section 2750.5 and evidence demonstrating that George Cooper, who hired the applicant, was not the licensed contractor, and that Clark Cooper, the actual license holder, had no direct dealings with Boxer.

WCABPetition for ReconsiderationWCJUninsured Employers Benefits Trust FundAllstate InsuranceLabor Code section 2750.5rebuttable presumptionemployee statuscontractor's licenseestoppel
References
11
Case No. ADJ10531850
Regular
Aug 14, 2018

JORGE MACIEL IBARRA vs. TIM CAGLE, individually, doing business as TIM CAGLE DRYWALL, GREGORY AND BROOKE BAIRD, UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), ALLIED SACRAMENTO

This Workers' Compensation Appeals Board case involves applicant Jorge Maciel Ibarra's claim for an industrial injury as a drywall installer. The primary issue is whether applicant was a household employee, as the Uninsured Employers Benefits Trust Fund (UEBTF) argues for exclusion. The Board rescinded the initial findings and remanded the case for the WCJ to first determine the identity of the employer and insurance status. If Tim Cagle Drywall is uninsured, the WCJ must then decide if the applicant, as an employee of an unlicensed contractor, meets the household employee wage and hour thresholds for coverage.

UEBTFPetition for ReconsiderationHousehold EmployeeLabor Code section 3352(h)Ultimate HirerUninsured ContractorLicensed ContractorSection 2750.5(c)Section 3351(d)Workers' Compensation Appeals Board
References
5
Case No. LAO 0784069
Regular
Feb 11, 2008

RICARDO LOPEZ vs. HYON SEOP KIM, Individually and dba H.B. CONSTRUCTION, AARON SONG, an Individual, Illegally Uninsured, THE DIRECTOR OF INDUSTRIAL RELATIONS, As Administrator of THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) was not liable for a penalty on an attorney's fee award due to unreasonable delay. However, Labor Code section 3716.2 obligates the UEBTF to seek such penalties in civil enforcement actions against uninsured employers. Therefore, the Appeals Board amended the award to clarify that while UEBTF is not directly liable for the penalty, it remains part of the underlying award that UEBTF must pursue from the uninsured employers.

Uninsured Employers Benefits Trust FundUEBTFAttorney's fee awardLabor Code section 5814Labor Code section 3716.2Civil suitReconsiderationFindings and AwardWCJPenalty
References
1
Case No. VNO 0412916
Regular
Sep 17, 2007

DEAN CORDELL vs. JACK DONALD LA VANCIL AND JAMES NICHOLSON, A GENERAL PARTNERSHIP, DBA DUAL SPORT CONNECTION, UNINSURED, BEST FORKLIFT SERVICE, TRUCK INSURANCE EXCHANGE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's finding that the applicant was an independent contractor at the time of his injury. The applicant presented arguments that the judge erred in his analysis, but the Board found that the evidence supported the independent contractor classification. This classification was based on factors such as the applicant's control over his work, use of his own tools, and payment method, which aligned with the definition of an independent contractor under Labor Code section 3353.

Workers' Compensation Appeals BoardDean CordellJack Donald La VancilJames NicholsonDual Sport ConnectionBest Forklift ServiceUninsured Employers Benefits Trust FundIndependent ContractorEmployeeLabor Code Section 3353
References
3
Case No. MISSING
Regular Panel Decision

Peterec-Tolino v. Commercial Electrical Contractors, Inc.

The claimant, an apprentice employed by Commercial Electrical Contractors, Inc., was terminated after allegedly threatening a project superintendent. He subsequently filed for workers' compensation benefits, citing a neck and back injury sustained prior to his termination. The claim proceeded under an Alternate Dispute Resolution program, where an arbitrator ultimately disallowed it, concluding it was an afterthought following the claimant's termination. The claimant appealed this decision. The appellate court affirmed the arbitrator's ruling, emphasizing that arbitration awards should only be vacated in limited circumstances such as fraud, corruption, misconduct, or if the award is irrational or exceeds the arbitrator's power. The court found the arbitrator's determination rational and supported by testimony, dismissing the claimant's allegations of fraudulent testimony and arbitrator misconduct as credibility issues appropriately resolved by the arbitrator.

Arbitration AwardCredibility DisputeCompensable InjuryAppellate ReviewFraud AllegationMisconduct AllegationAlternate Dispute ResolutionNeck InjuryBack InjuryEmployer Termination
References
6
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