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Case Law Database

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

Case No. ADJ3802070 (OAK 0299591)
Regular
Sep 21, 2010

KATHY MCFALL vs. CITY OF TRACY; ACCLAMATION FRESNO

The WCAB denied the defendant's petition for removal, which sought to rescind a WCJ's order denying dismissal. The WCJ had correctly noted that the defendant vitiated its dismissal petition by concurrently filing a Declaration of Readiness to Proceed, thus reactivating the case. Although the defendant's petition was dismissed without prejudice, the Board clarified that filing a DOR does not prevent a case from being dismissed if inactive for over a year. The case is now scheduled for a mandatory settlement conference where the dismissal issue can be addressed on its merits.

WCABPetition for RemovalPetition for DisqualificationWCJ8 Cal. Code Regs. § 10582Declaration of Readiness to ProceedPetition to DismissOff CalendarMandatory Settlement ConferenceIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision
Apr 11, 2007

Macro Enterprises, Ltd. v. QBE Insurance

The Supreme Court, New York County, affirmed an order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment. The court declared that the plaintiff is not entitled to defense and indemnity coverage in an underlying third-party action. The decision was based on the plaintiff's failure to notify the defendant insurer for over two years about an employee's injury at a construction site, which constituted noncompliance with a condition precedent to coverage and vitiated the insurance contract. The plaintiff's claimed belief of nonliability, premised on the Workers' Compensation Law, was deemed unreasonable under the circumstances.

Summary JudgmentInsurance CoverageLate NoticeCondition PrecedentWorkers' Compensation LawConstruction AccidentIndemnity CoverageDefense CoverageAppellate AffirmationContract Vitiation
References
2
Case No. MISSING
Regular Panel Decision

Matter of Soto (Goldman)

Seven employees faced discharge and contested an arbitration award, arguing a conflict of interest arose from their union's attorney also representing their employer. After Special Term and the Appellate Division initially vacated the award, finding a denial of fair representation, the higher court reversed this decision and remitted the case. This dissenting opinion argues against the reversal, asserting that denying employees independent counsel, especially with the union attorney's conflict, fundamentally compromised the arbitration's fairness and vitiated the award. The dissent emphasizes that fair and good faith representation is essential, particularly when specific individual rights are directly implicated in arbitration proceedings.

ArbitrationUnion RepresentationConflict of InterestDue ProcessFair RepresentationVacatur of AwardAppellate ReviewCollective Bargaining AgreementEmployee RightsJudicial Review
References
8
Case No. MISSING
Regular Panel Decision

In re the Commissioner of Social Services of Suffolk County

This case involves an appeal by a natural mother from an order of the Family Court, Suffolk County, which denied her motion to vacate a prior order approving the surrender of her child, Matthew, for adoption. The mother had alleged that her consent was procured by undue influence and threats from the Suffolk County Department of Social Services and her family. Following a hearing, the Family Court determined that the surrender was voluntarily and knowingly executed. The appellate court affirmed this decision, finding no evidence of fraud, duress, or coercion that would vitiate the mother's consent. The court emphasized that emotional stress during the decision-making process for adoption does not automatically invalidate consent, and a balancing of interests favored upholding the surrender.

AdoptionParental RightsConsentUndue InfluenceCoercionFamily LawChild CustodyAppellate ReviewVoluntary SurrenderSocial Services
References
3
Case No. MISSING
Regular Panel Decision

Smylis v. City of New York

John Smylis, an assistant deputy warden for the New York City Department of Corrections, was disciplined after pleading guilty to administrative charges in 1994. He subsequently sued the City, alleging his guilty plea was coerced, violating his due process rights and Section 75 of the New York Civil Service Law. The defendants moved for summary judgment, arguing the plea was voluntary and intelligent. The court found that Smylis was advised by counsel and that the plea was a voluntary bargained-for exchange, not vitiated by threats or mental coercion. The court granted the defendants' motion for summary judgment, dismissing the federal claim on the merits and the state law claim for lack of subject matter jurisdiction.

Plea bargainingDue processCivil Service LawDisciplinary actionCoerced pleaSummary judgmentFederal courtPublic employeeNew York CityDepartment of Corrections
References
13
Case No. MISSING
Regular Panel Decision
May 26, 1994

Thomson v. Power Authority

Edward Thomson, Jr. suffered an injury while working for Crouse Nuclear Energy Services, Inc. at a Power Authority of the State of New York plant. Following Thomson's lawsuit and Crouse's bankruptcy, Power Authority commenced a second third-party action against Crouse's insurers, Zurich-American Insurance Company and Central National Insurance Company of Omaha, seeking a declaration of their duty to defend and indemnify. The appellate court reversed the IAS Court's denial of summary judgment, granting it to the insurers. The court determined that both insurers had not received timely notice of the lawsuit, as required by policy or implied by law, thereby vitiating their duty to defend or indemnify Crouse. The insurers' defense of untimely notice in their pleadings was deemed a sufficient disclaimer.

Insurance CoverageSummary JudgmentDuty to DefendDuty to IndemnifyTimely NoticeWorkers' CompensationGeneral LiabilityClaims-Made PolicyThird-Party ActionAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Lobosco v. Best Buy, Inc.

This case involves an appeal by Everest National Insurance Company concerning its duty to defend and indemnify Schimenti Construction Corporation, Best Buy, Inc., and Dame Contracting, Inc., in a personal injury action. The underlying plaintiff, an employee of Dame, sustained injuries on a construction site. Schimenti and Best Buy, a general contractor and property owner, were allegedly not named as additional insureds on Dame's policy with Everest, despite a contractual requirement. All parties involved failed to provide timely notice of the accident to Everest. The Supreme Court initially denied Everest's cross-motion for summary judgment, but the appellate court reversed this decision. The appellate court granted Everest's cross-motion, ruling that the failure to provide timely notice vitiated the insurance contract and that the reasons for delay were unreasonable. Consequently, Everest was determined to have no obligation to defend or indemnify the other parties.

Insurance CoverageDuty to DefendDuty to IndemnifyTimely NoticeSummary JudgmentAppellate ReviewSubcontractor LiabilityAdditional InsuredsPersonal InjuryLate Notice Defense
References
16
Case No. MISSING
Regular Panel Decision

Gallo Wine Sales of New Jersey, Inc. v. Wholesale Wine Salesmen's Union, Local 18

This case concerns a labor dispute between a 'Company' and a 'Union' regarding the arbitrability of sales commission disputes. The parties had a 1975 collective bargaining agreement with an "Earning Guarantee" clause and an arbitration provision, which expired in 1978. After negotiations and a settlement agreement, a new 1979 agreement was formed without the "Earning Guarantee". The Union sought arbitration for commissions from May-November 1979, prompting the Company to seek an injunction against arbitration. The Company argued the dispute was not arbitrable under the 1975 agreement's exclusionary clause, or that any obligation to arbitrate was vitiated by the settlement, a strike, or the 1979 agreement. The Union cross-moved to compel arbitration. The court denied the Company's motion and granted the Union's motion, ruling that questions of contract termination, the arbitrability of the sales commission dispute under the 1975 agreement's provisions (including the exclusionary clause), and the defense of waiver were all matters for the arbitrator to decide, upholding the strong presumption in favor of arbitration in labor disputes.

Labor LawArbitrationCollective Bargaining AgreementContract InterpretationArbitrabilityInjunctionUnfair Labor PracticeLMRAWaiverSales Commissions
References
20
Case No. MISSING
Regular Panel Decision

57th Street Management Corp. v. Zurich Insurance

The plaintiff, 57th Street Management Corp., sought a judgment declaring that Zurich Insurance Company, the defendant, had a duty to defend and indemnify it in an underlying negligence action initiated by an injured employee, Isaac Wilner, and a subsequent third-party action by Bade Cab Corp. Wilner was injured in 1984, received workers' compensation benefits from a policy issued by Zurich, and later sued 57th Street Management Corp. and Bade Cab Corp. The action against 57th Street Management Corp. was dismissed due to Workers' Compensation Law § 11. Bade Cab Corp. then served a third-party summons on the plaintiff. The Appellate Division reversed the Supreme Court's order, granting Zurich's cross motion for summary judgment. The court found that the plaintiff failed to provide timely notice to Zurich of the personal injury action, vitiating coverage, and that notice of the workers' compensation claim did not serve as notice for subsequent actions.

Insurance CoverageDuty to DefendDuty to IndemnifySummary Judgment AppealTimely Notice RequirementWorkers' Compensation ExclusivityThird-Party LiabilityNew York Appellate LawEmployer's Liability InsuranceVitiation of Coverage
References
5
Case No. MISSING
Regular Panel Decision

Liberty Moving & Storage Co. v. Westport Insurance

The plaintiff, an employer, appealed a judgment from the Supreme Court (Albany County) which granted summary judgment to defendant New York State Insurance Fund (Fund). The case originated from an April 5, 2001 injury sustained by employee Christopher Tambini, for which the Fund provided workers' compensation benefits. Tambini and his wife later commenced a premises liability action against the City of New York, which in turn brought a third-party action against the plaintiff employer in June 2005. The plaintiff failed to notify the Fund of this third-party action until June 2, 2006, nearly 11 months after being served. The Fund disclaimed any duty to defend or indemnify based on the plaintiff's failure to provide prompt notice. The Supreme Court ruled this delay was unreasonable as a matter of law. The appellate court affirmed the judgment, holding that failure to comply with a notice requirement of a liability insurance contract vitiates the contract, and the carrier is not required to demonstrate actual prejudice from the delay to successfully disclaim coverage.

Insurance CoverageNotice RequirementDisclaimer of CoverageSummary JudgmentWorkers' Compensation PolicyThird-Party ActionEmployer LiabilityAppellate ReviewContract VitiationPrejudice in Insurance Law
References
12
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